Category Archives: Cancellation of Removal

CA7 upholds denial of non LPR Cancellation of Removal due to aggravated felony conviction for domestic battery

Posted on July 19, 2014 by Mike Baker

§ 1229b. Cancellation of removal; adjustment of status (a) Cancellation of removal for certain permanent residents. The Attorney General may cancel removal in the case of an alien who is inadmissible or deportable from the United States if the alien– … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, BIA, Cancellation of Removal, CIMT, Crime involving moral turpitude, Domestic battery | Leave a comment

CA7 remands to conduct the three-step inquiry in Matter of Silva-Trevino

Posted on July 15, 2014 by Mike Baker

“In Matter of Silva-Trevino, 24 I. & N. Dec. 687 (A.G. 2008), the Attorney General established a three-step framework for immigration judges and the Board to use to determine whether an alien’s conviction qualifies as a CIMT. At the first … Continue reading →

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

CA7 Holds Fraudulent Use of Social Security Card is CIMT

Posted on April 30, 2013 by Mike Baker

CA7 Holds Fraudulent Use of Social Security Card is CIMT. The court held that the petitioner was not eligible for cancellation of removal because his prior conviction for using a Social Security card to obtain and maintain employment was a … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Cancellation of Removal, CIMT, Crime involving moral turpitude, Fraudulent Use of Social Security Card | Tagged | Leave a comment

Moncrieffe v. Holder, small amount of marijuana is not an aggravated felony

Posted on April 27, 2013 by Mike Baker

Moncrieffe, a Jamaican citizen legally in the U.S., was found with 1.3 grams of marijuana in his car. He pleaded guilty under Georgia law to possession of marijuana with intent to distribute. Under the Immigration and Nationality Act, a noncitizen … Continue reading →

Posted in Aggravated felony, Cancellation of Removal, Deportation for Drug Crimes, Marijuana Possession, U.S. Supreme Court | Leave a comment

Each alien seeking cancellation of removal must fulfill the residency requirements on their own. Holder v. Martinez Gutierrez

Posted on June 1, 2012 by Mike Baker

A Board of Immigration Appeals (BIA) denial of cancellation of removal is upheld, where: 1) the aliens lacked the required years of continuous presence and lawful permanent resident status; and 2) the BIA’s rejection of imputation of their parents’ years … Continue reading →

Posted in 8 U.S. C. 1229(a), Cancellation of Removal, U.S. Supreme Court | Tagged | Leave a comment