Category Archives: 7th Circuit

CA7 upholds ineligibility for cancellation of removal due to misdemeanor “aggravated felony” conviction for “sexual abuse of a minor”

Posted on September 28, 2014 by Mike Baker

VELASCO-GIRON had been convicted in California in 2005 of engaging in sexual intercourse with a girl who was not yet 18 and was more than three years younger than he. Velasco was 18 at the time; the girl was 15, … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Aggravated felony, Cancellation of Removal, “sexual abuse of a minor” | Leave a comment

CA7 upholds reliance on Form I-213 and denial of request to cross-examine the maker

Posted on September 28, 2014 by Mike Baker

DHS initiated removal proceedings, charging Antia with removability under 8 U.S.C. 1182(a)(6)(A)(i) as an alien present without being admitted or paroled and alleging that Antia had been convicted of “indecent liberties with a child,” a crime of moral turpitude, 8 … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Form I-213 | Leave a comment

CA7 Holds ‘Stop-Time Rule’ May Not Be Applied Retroactively to reach offenses that were committed before the rule’s effective date on April 1, 1997

Posted on September 17, 2014 by Mike Baker

Jeudy has been a lawful permanent resident since 1989, and he reached seven years of continuous residence in 1996. The BIA, however, applied the “stop-time rule” of § 1229b(d)(1), which took effect in 1997 as part of the Illegal Immigration … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Cancellation of Removal, retroactivity, stop-time | 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

CA7 lacks jurisdiction to review Mexican cancellation as grounds for relief sought are discretionary

Posted on August 19, 2014 by Mike Baker

Petitioner, a citizen and native of Mexico, appealed the BIA’s affirmance of the IJ’s denial of his application for cancellation of removal. The court held that the courts of appeal lack jurisdiction to review the denial of discretionary relief in … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Cancellation of Removal, court lacked jurisdiction, DIscretionary relief | Leave a comment