Category Archives: U.S. Supreme Court

CA7 remands COR holding that possession of any amount of marijuana over 30 grams could be prosecuted as federal misdemeanor, not an “aggravated felony.”

Posted on July 27, 2017 by Mike Baker

BIA erred in finding that noncitizen was ineligible for cancellation of removal relief because his prior Illinois conviction for possession of more than 30 but not more than 500 grams of marijuana under 720 ILCS section 550/5(d) qualified as “aggravated … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Deportation for Drug Crimes, Drug Laws in Illinois, exception to deportability 30 grams or less of marijuana, Marijuana Possession, Removal, U.S. Supreme Court | Leave a comment

Supreme Court Grants Solicitor General’s Petition for Certiorari in Case Finding Exception to Consular Nonreviewability Doctrine

Posted on October 23, 2014 by Mike Baker

Updates (briefs etc.) on Din v. Kerry on SCOTUSBlog. Reuters reports on the cert grant here. The U.S. Supreme Court on October 2, 2014, agreed to review the decision of the U.S. Court of Appeals for the Ninth Circuit in … Continue reading →

Posted in Consular Nonreviewability Doctrine, SCOTUS, U.S. Supreme Court | Tagged | Comments Off on Supreme Court Grants Solicitor General’s Petition for Certiorari in Case Finding Exception to Consular Nonreviewability Doctrine

SCOTUS defers to BIA on aged-out beneficiaries-Scialabba v. Cuellar de Osorio

Posted on June 16, 2014 by Mike Baker

The automatic conversion and priority date retention provision only applies to derivative beneficiaries of F2A petitions. The automatic conversion and priority date retention provision does not benefit F3 and F4 derivative beneficiaries of family based preference petitions. An alien needs … Continue reading →

Posted in Aged-Out Derivative Beneficiary, Aging Out Provisions, Child Status Protection Act, CSPA, derivative beneficiary, Preference Categories, Retain a Priority Date for an Aged-Out Derivative Beneficiary, U.S. Supreme Court | Leave a comment

American citizens can now sponsor their same-sex foreign national partners for marriage-based immigrant visas, SCOTUS, United States v. Windsor

Posted on June 27, 2013 by Mike Baker

With the recognition of the legality of same-sex marriage for immigration purposes, thousands of couples and families will now be able to avoid painful periods of separation. Repeal of DOMA will have significant impact on medical power of attorney, immigration, … Continue reading →

Posted in DOMA, same-sex marriage, same-sex marriage-based immigrant visas, U.S. Supreme Court | 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