Category Archives: 7th Circuit

Kim v. Holder CA7 ineligible to adjust status because failed to maintain continuous lawful nonimmigrant status

Posted on December 21, 2013 by Mike Baker

Bd. did not err in ordering alien’s removal after his petition to adjust his status to that of lawful permanent resident had been denied due to alien’s failure to establish that he had been in lawful immigration status for 180-day … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Adjustment of Status, extension of nonimmigrant stay | Tagged , | Leave a comment

CA7 denies Chinese Fujian Province Asylum based on family planning policy due to failure to present evidence of financial situation

Posted on December 12, 2013 by Mike Baker

Chen v. Holder Docket: 13-1758 Opinion Date: December 11, 2013 Chen faced deportation to Fujian Province and claimed to face a significant risk of persecution there because, since coming to the U.S. in 2002, she has given birth to two … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Asylum, China one-child policy, China’s family planning policy, family planning policy, Fujian Province | Leave a comment

CA7 denies petition as Motion to Reopen was properly denied since evidence of future persecution could have been presented at original hearing-Salim v. Holder

Posted on September 24, 2013 by Mike Baker

Salim v. Holder, No. 12-3858 (August 28, 2013) Petition for Review, Order of Bd. of Immigration Appeals Petition denied Bd. did not err in denying alien’s motion to reopen asylum and withholding of removal proceedings, even though alien submitted new … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Motions to Reopen, past persecution, “new evidence” for purposes of an MTR | Leave a comment

CA7 Remands Denied Asylum Claim for Political Activist from Belarus

Posted on September 10, 2013 by Mike Baker

Boika, a Belarusian citizen, entered the U.S. legally in 2006, but overstayed. At her removal proceedings, she applied for asylum under 8 U.S.C. 1158, withholding of removal under 8 U.S.C. 1231(b)(3), and relief pursuant to the Convention Against Torture. Her … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, CA7 Remands Denied Asylum Claim for Political Activist from Belarus, Convention Against Torture, future persecution, material change in conditions, political asylum | Leave a comment

CA7 finds deprivation of procedural rights when an immigration judge based decision on two hearsay documents

Posted on September 9, 2013 by Mike Baker

Pouhova’s petition for review is GRANTED and CA7 VACATED the Board’s orders affirming the immigration judge’s findings that (1) Pouhova’s testimony was not credible, (2) Pouhova was inadmissible for smuggling, (3) the government showed by clear and convinving evidence that … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, CA7 finds deprivation of procedural rights when an immigration judge based decision on two hearsay documents, hearsay document, procedural rights | Leave a comment