Category Archives: 7th Circuit

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 →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, exclusive jurisdiction over the naturalization | Leave a comment

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

CA7 denies I-751 extreme hardship waiver because an alien has no protected liberty interest in discretionary immigration relief

Posted on January 6, 2014 by Mike Baker

CA7 Denies Extreme-Hardship Waiver for Petitioner Convicted of Marriage Fraud. The court denied the petition for review, finding that the petitioner’s due process argument failed because he had no legitimate claim of entitlement to an extreme-hardship waiver under INA §216(c)(4). … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, extreme hardship waiver, Good-Faith Marriage Waiver, I-751 petition, Immigration Marriage Fraud Amendments Act of 1986, Marriage Fraud, Petition for Removal of Conditions on Conditional Residence | Leave a comment