Category Archives: 7th Circuit Cases- Aliens

CA7 denies motion to reopen filed almost nine years from the final administrative removal order

Posted on April 8, 2014 by Mike Baker

Patel v Holder, Case No. 13-2442 (C.A. 7. Apr. 1, 2014) Jyotsnaben and Pravin Patel petition for review of a denial by the Board of Immigration Appeals of their motion to reopen their removal proceedings. The Patels moved to reopen … Continue reading →

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CA7 holds IJ has jurisdiction to grant a waiver of inadmissibility to a U Visa applicant under 8 U.S.C.S. § 1182(d)(3)(A)

Posted on March 18, 2014 by Mike Baker

The IJ erred in declining to grant the alien’s request for a waiver of inadmissibility because the IJ had jurisdiction to grant a waiver of inadmissibility to a U Visa applicant under 8 U.S.C.S. § 1182(d)(3)(A). This petition for review … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, IJs Have U Visa Waiver Authority, U nonimmigrant status | Leave a comment

CA7 finds that 8 U.S.C. 1447(b) gives District court exclusive jurisdiction over the naturalization application until remanded

Posted on March 17, 2014 by Mike Baker

When an applicant for naturalization had properly invoked 8 U.S.C.S. § 1447(b) and brought an application to the district court, that court had exclusive jurisdiction over the naturalization application unless and until the matter was remanded to the agency; The … Continue reading →

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CA7 holds that misadvice and failure to advise does not evade the non‐retroactivity of Padilla

Posted on January 10, 2014 by Mike Baker

Chavarria, born in Mexico, became a legal permanent U.S. resident in 1982. In 2009, Chavarria pleaded guilty to distributing cocaine. One year later, the Supreme Court decided Padilla v. Kentucky, imposing a duty on defense attorneys to inform noncitizen clients … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Chicago Immigration Court, ineffective assistance of counsel, Padilla, Padilla v. Kentucky | Leave a comment