Category Archives: 7th Circuit Cases- Aliens

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

CA7 remands Chinese asylum case to BIA, Zheng v. Holder

Posted on July 15, 2013 by Mike Baker

There is no sound basis . . . to resolve Zheng’s petition for review differently from the petitions for review in Ni and Chen. “The INS must give each asylum case individualized scrutiny, but it is a foundation of the … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Asylum, changed circumstances, changed country conditions, China one-child policy, China’s family planning policy, forced sterilization, Fujian Province, one-child policy, past persecution, People’s Republic of China, political asylum, well-founded fear of future persecution | Leave a comment

CA7 Overrules BIA in Matter of Akram, K-4 nonimmigrant may adjust status “as a result of the marriage of” parents.

Posted on July 9, 2013 by Mike Baker

CA7 Overrules BIA in Matter of Akram: Section 1255(d) does not require K4s to adjust status by way of their petitioning stepparent. Instead, it merely requires them to adjust status “as a result of the marriage of” their parents. An … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Adjustment of Status, CA7 Overrules BIA in Matter of Akram, K-4 nonimmigrant, K-4 visa- | Tagged | Leave a comment

Indian Sikh experienced past persecution but possibility of relocation established no future fear

Posted on July 3, 2013 by Mike Baker

Singh v. Holder (7th Circuit, June 21, 2013) Bikram Singh, an Indian national, sought asylum in the United States based on his affiliation with the Sikh religion. He was thrice detained by Indian authorities. While detained, he was beaten severely, … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Asylum, changed country conditions, past persecution, Sikh separatist movement, well-founded fear of future persecution | Leave a comment