Category Archives: Cancellation of Removal

CA7 upholds ineligibility for cancellation of removal due to misdemeanor “aggravated felony” conviction for “sexual abuse of a minor”

Posted on September 28, 2014 by Mike Baker

VELASCO-GIRON had been convicted in California in 2005 of engaging in sexual intercourse with a girl who was not yet 18 and was more than three years younger than he. Velasco was 18 at the time; the girl was 15, … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Aggravated felony, Cancellation of Removal, “sexual abuse of a minor” | Leave a comment

CA7 Holds ‘Stop-Time Rule’ May Not Be Applied Retroactively to reach offenses that were committed before the rule’s effective date on April 1, 1997

Posted on September 17, 2014 by Mike Baker

Jeudy has been a lawful permanent resident since 1989, and he reached seven years of continuous residence in 1996. The BIA, however, applied the “stop-time rule” of § 1229b(d)(1), which took effect in 1997 as part of the Illegal Immigration … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Cancellation of Removal, retroactivity, stop-time | Leave a comment

CA7 lacks jurisdiction to review Mexican cancellation as grounds for relief sought are discretionary

Posted on August 19, 2014 by Mike Baker

Petitioner, a citizen and native of Mexico, appealed the BIA’s affirmance of the IJ’s denial of his application for cancellation of removal. The court held that the courts of appeal lack jurisdiction to review the denial of discretionary relief in … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Cancellation of Removal, court lacked jurisdiction, DIscretionary relief | Leave a comment

CA7 Upholds Denial of Continuance for Petitioner with Multiple Traffic Violations

Posted on July 26, 2014 by Mike Baker

The court held that there was enough evidence before the IJ and BIA to conclude that petitioner lacked the good moral character necessary for cancellation, and that the outcome of the latest criminal proceeding was immaterial. Bd. did not err … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Cancellation of Removal, Continuance, Good Moral Character, Good Moral Character (GMC), Motion for Continuance | Leave a comment

CA7 finds alien’s continuous presence in the United States ends upon the service of a Notice to Appear on the alien, even if that notice is missing the date and time of the initial hearing.

Posted on July 22, 2014 by Mike Baker

An alien otherwise inadmissible can be eligible for cancellation of removal if, among other things, he establishes that he “has been physically present in the United States for a continuous period of at least ten (10) years immediately preceding the … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Asylum, BIA, Cancellation of Removal, Cancellation Of Removal and The Stop-Time Rule, Chicago Immigration Court, Stop-Time Rule | Leave a comment