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

Posted on September 15, 2016 by Mike Baker

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 →

Posted in 212(c), 7th Circuit, 7th Circuit Cases- Aliens, Aggravated felony, Convention Against Torture | Leave a comment

CA7 remands 212(c) case to BIA due to legal error of reliance on uncorroborated arrest reports absent a conviction or corroborating evidence

Posted on August 21, 2014 by Mike Baker

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 →

Posted in 212(c), 7th Circuit, 7th Circuit Cases- Aliens, rehabilitation, uncorroborated arrest reports absent a conviction | Tagged | Leave a comment

Zambrano v Holder CA7, illegal reentry bars Motion to Reopen and 212 (c) discretionary relief

Posted on August 5, 2013 by Mike Baker

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 →

Posted in 212(c), 7th Circuit, 7th Circuit Cases- Aliens, illegal re-entry, illegal reentry, Motion to Reopen, Reinstatement removal order | Leave a comment

CA7 Holds Aggravated Felony Definition Does Not Apply to Pre-1988 Convictions: Zivkovic v. Holder

Posted on August 1, 2013 by Mike Baker

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 →

Posted in 212(c), 7th Circuit, 7th Circuit Cases- Aliens, CA7 Holds Aggravated Felony Definition Does Not Apply to Pre-1988 Convictions: Zivkovic v. Holder, Vartelas v. Holder, whether a provision of the immigration laws operated retroactively | Leave a comment

Proposed Rule Change Will Unify Families Subject to 3 and 10 Year Bars: Provisional Waivers of Inadmissibility for Certain Immediate Relatives of U.S. Citizens

Posted on January 13, 2012 by Mike Baker

On January 6, 2012 the U.S. Citizenship and Immigration Services (USCIS) announced a proposal to streamline the application process for the spouses and children of U.S. citizens currently eligible for legal permanent resident status, minimizing the amount of time that … Continue reading →

Posted in 212(c), 212(h) waiver, 245(i), 3 and 10 Year Bar, 8 U.S.C. 1182(a)(9)(B)(i), Ciudad Juarez, Federal Register Proposed Rules, Provisional Waivers, Waivers | Tagged | 1 Comment