Category Archives: 7th Circuit

CA7 on burden of proving by a preponderance of the evidence that marriage was bona fide

Posted on June 24, 2015 by Mike Baker

The Board of Immigration Appeals applied too high a burden of proof when it determined that a conditional permanent resident’s marriage was not bona fide and the error warranted remand because the resident testified unequivocally that he did not marry … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, burden of proof, Good-Faith Marriage Waiver, I-751 petition, Joint Petition I-751, Marriage Fraud, Petition for Removal of Conditions on Conditional Residence, Removal of Conditions on Permanent Residency Based on Marriage, Waiver of Joint Petition Application | Leave a comment

CA7 finds IJ credibility determination flawed and remands asylum case

Posted on April 25, 2015 by Mike Baker

Nadmid, a 57-year-old citizen of Mongolia, came to the U.S. in 2003 on a visitor’s visa. After being arrested for DUI, he voluntarily departed in 2006 and returned to Mongolia, where he started a business. Nadmid returned to the U.S. … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, credibility determination, political asylum, political corruption | Leave a comment

CA7 denies Motion to Continue hearing for witness to testify in support of good faith marriage waiver

Posted on March 5, 2015 by Mike Baker

Bouras, a citizen of Algeria, entered the U.S. in 1997 as a nonimmigrant business visitor and overstayed his visa. In 2006, while living in Chicago, he married Schreiner, who lived in Ohio. He was granted conditional permanent resident status based … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Good-Faith Marriage Waiver, I-751 petition, Marriage Fraud, Motion for Continuance | Leave a comment

CA7 denies Iranian CAT claim because the alien had confessed to perjury

Posted on February 27, 2015 by Mike Baker

Keirkhavash did not depart when her tourist visa lapsed. Two days before the statutory deadline, she sought asylum, contending that Iran would persecute her because she had supported a group (MEK) seeking overthrow of Iran’s government. She claimed she had … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Convention Against Torture | Leave a comment

CA7 holds Wisconsin conviction for “knowingly” fleeing or attempt to elude an officer after receiving an officer’s signal is a CIMT

Posted on December 26, 2014 by Mike Baker

Cano, a citizen of Mexico, entered the U.S. without authorization in 2002. He pled guilty in Wisconsin state court in 2011 to operating a vehicle to flee or elude a police officer. About a year later, the Department of Homeland … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, CIMT, Crime involving moral turpitude | Leave a comment