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- Immigration backlogs August 2, 2023
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- Relief Application Waived if Not Filed by IJ’s Deadline, BIA Rules September 11, 2020
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- CA7 finds that a deficient immigration court notice does not strip the immigration courts of authority to preside over the resulting removal proceedings May 22, 2019
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Category Archives: 212(c)
CA7 finds BIA sua sponte remand did not reopen request for 212(c) relief but upholds deferral of removal under CAT for Iraq national
Turkhan, born in 1960 in Iraq, entered the U.S. in 1979, eventually becoming a legal permanent resident. He is an Assyrian Christian, has not left the U.S. since 1979, is married to a U.S. citizen, and is the father of … Continue reading
CA7 remands 212(c) case to BIA due to legal error of reliance on uncorroborated arrest reports absent a conviction or corroborating evidence
Avila-Ramirez, an LPR since 1977, does not contest the BIA’s determination that his 1990 conviction for committing a lewd and lascivious act with a child under the age of fourteen was for an aggravated felony. Avila-Ramirez’s guilty plea occurred in … Continue reading
Zambrano v Holder CA7, illegal reentry bars Motion to Reopen and 212 (c) discretionary relief
Reyes, a citizen of Mexico, entered the U.S. in 1979 and was granted lawful permanent resident status in 1989. In 1993, he pled guilty to two felony counts of aggravated sexual abuse of a minor. He was sentenced to six … Continue reading
CA7 Holds Aggravated Felony Definition Does Not Apply to Pre-1988 Convictions: Zivkovic v. Holder
Zivkovic, a Serbian, was admitted to the U.S. as a lawful permanent resident in 1966. In 1976, he pleaded guilty to burglary and received a sentence of two to six years. In 1978, he was convicted of attempted rape and … Continue reading