Category Archives: BIA

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

BIA Precedent Decisions Volume 26 (2012-2017) Executive Office for Immigration Review

Posted on May 25, 2017 by Mike Baker

BIA Precedent Decisions Volume 25 (3643 – 3765) BIA Precedent Decisions Volume 26 (2012-2017 (3766-3886) Executive Office for Immigration Review BIA Precedent Decisions Volume 27 (Volume 27 (3887-2017-) Executive Office for Immigration Review FLORES-ABARCA, 26 I&N Dec. 992 (BIA 2017) … Continue reading →

Posted in 26 I&N Dec. 415 (BIA 2014), BIA, BIA Precedent Decisions, BIA Precedent Decisions Volume 25, BIA Precedent Decisions Volume 26, BIA Precedent Decisions Volume 26 (2012-2017), BIA Precedent Decisions Volume 27 (2017-) Executive Office for Immigration Review, BIA PRECEDENT TABLE, BIA Precedent Table-1995 to Present, Board of Immigration Appeals, Executive Office for Immigration Review | Tagged | Leave a comment

CA7 upholds IJ’s denial of asylum and withholding of removal relief for 58‐year‐old citizen of El Salvador

Posted on February 22, 2017 by Mike Baker

Record contained sufficient evidence to support IJ’s denial of alien’s applications for asylum and withholding of removal relief, even though alien claimed that he had fear of future persecution if forced to return to El Salvador because certain gangs would … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Asylum, BIA, El Salvador, withholding of removal | Leave a comment

LPR Returning to U.S. Cannot Be Regarded as Seeking Admission and May Not Be Charged with Inadmissibility

Posted on June 22, 2015 by Mike Baker

Distinguishing Koloamatangi, the BIA holds that LPR returning to U.S. is not seeking an admission and may not be charged with inadmissibility under 8 USCA § 1182(a). In Matter of Pena, 26 I. & N. Dec. 613 (B.I.A. June 16, … Continue reading →

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