Category Archives: BIA

Relief Application Waived if Not Filed by IJ’s Deadline, BIA Rules

Posted on September 11, 2020 by Mike Baker

Matter of R-C-R-, 28 I&N Dec. 74 (BIA 2020) (pdf) (1) After an Immigration Judge has set a firm deadline for filing an application for relief, the respondent’s opportunity to file the application may be deemed waived, prior to a … Continue reading →

Posted in BIA, Board of Immigration Appeals | Leave a comment

BIA Precedent Decisions Volume 27 (3887 – 3984) Executive Office for Immigration Review 2017-2020

Posted on September 11, 2020 by Mike Baker

MIRANDA-CORDIERO, 27 I&N Dec. 551 (BIA 2019) ID 3953 (PDF) Pursuant to section 240(b)(5)(B) of the Immigration and Nationality Act, 8 U.S.C. § 1229a(b)(5)(B) (2012), neither rescission of an in absentia order of removal nor termination of the proceedings is … Continue reading →

Posted in BIA, BIA Precedent Decisions, BIA Precedent Decisions Volume 25, BIA Precedent Decisions Volume 26, BIA Precedent Decisions Volume 27 (2017-) Executive Office for Immigration Review, BIA PRECEDENT TABLE, BIA Precedent Table-1995 to Present, Board of Immigration Appeals, EOIR, Executive Office for Immigration Review | Leave a comment

Acting Attorney General Whitaker Orders BIA to Refer Two Cases to Him for Review of the Decisions

Posted on December 14, 2018 by Mike Baker

Acting Attorney General Matthew Whitaker has ordered the Board of Immigration Appeals (BIA or Board) to refer two cases to him for review of the Board’s decision: • Matter of L-E-A-, in which the question is whether, and under what … Continue reading →

Posted in BIA, Board of Immigration Appeals | Leave a comment

BIA Holds §212(h) Waiver Available to Petitioner Who Adjusted to LPR Status in the U.S.

Posted on October 18, 2017 by Mike Baker

VELLA, 27 I&N Dec. 138 (BIA 2017) ID 3905 (PDF) An alien “has previously been admitted to the United States as an alien lawfully admitted for permanent residence” within the meaning of section 212(h) of the Immigration and Nationality Act, … Continue reading →

Posted in 212(h), 212(h) and readjustment, 7th Circuit, 7th Circuit Cases- Aliens, Aggravated felony, BIA, Board of Immigration Appeals, CA7 Holds §212(h) Waiver Available to Petitioner Who Adjusted to LPR Status in the U.S. | Leave a comment

CA7 granted Mexican national’s motion to stay his removal pending appeal as trial counsel failed to adequately prepare him for removal proceeding

Posted on July 6, 2017 by Mike Baker

CA7 granted alien-citizen of Mexico’s motion to stay his removal pending appeal, where alien alleged that Bd. had erred in failing to grant his motion to reopen removal proceeding based on allegations that his trial counsel had failed to adequately … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, BIA, Cancellation of Removal, Cancellation of Removal for Non LPRS under INA Section 240A(b)(1), ineffective assistance of counsel, Stay of Removal | Leave a comment