Category Archives: 7th Circuit

Motion to terminate removal proceeding, Sham marriage No. 08-1512. SURGANOVA v. HOLDER US 7th Circuit

Posted on July 24, 2010 by Mike Baker

In a petition for review of the BIA’s order denying petitioner’s motion to terminate her removal proceedings and concluding that she was removable because her marriage was a sham, the petition is denied where: 1) the account she presented bore … Continue reading →

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Chinese Asylum: Is it appropriate to treat suing a unit of government as a legitimate means of expressing one’s political opinion? 7th Circuit 2010

Posted on June 10, 2010 by Mike Baker

Xiu Chen v. Eric Holder, Jr. (Easterbrook)Full Text A Chinese citizen’s petition for review of BIA’s denial of her application for asylum is granted and remanded as the Board has never addressed the question of whether it is appropriate to … Continue reading →

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Establishing good cause for a continuance of proceedings-7th Cir. 2010

Posted on March 26, 2010 by Mike Baker

Juarez v. Holder, No. 08-1788: Denial of Motion to Reopen/Noncompliance with Biometrics Requirements Juarez v. Holder (Sykes) Oral Argument | Full Text Petition for review BIA’s decision that petitioners’ untimely applications and failure to provide the required biometrics meant they had … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Motion to Reopen | Leave a comment

Motion to Reopen After Departure from U.S./Sua Sponte Authority to Consider Belated Motions

Posted on March 6, 2010 by Mike Baker

CA7 affirmed denial of motion to reopen by departed alien, finding that petitioner’s motion was unquestionably time-barred where petitioner offered no basis to excuse a six-plus year delay in moving to reopen. (Munoz de Real v. Holder, 2/11/10). A petition … Continue reading →

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U.S. Supreme Court ruling preserves the right to judicial review for immigrants facing deportation.

Posted on January 20, 2010 by Mike Baker

HELD: Section 1252(a)(2)(B)’s proscription of judicial review applies only to Attorney General determinations made discretionary by statute, not to determinations declared discretionary by the Attorney General himself through regulation. Kucana v. Holder (PDF)(a) The motion to reopen is an “important … Continue reading →

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