June 2012 M T W T F S S « Mar 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Michael Baker
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Recent Posts
- A View Through The Looking Glass: How Crimes Appear From The Immigration Court Perspective
- Seventh Circuit Upholds Warrantless Search of Cell Phones-USA v. Abel Flores-Lopez
- Is Immigration Good for America?
- Marriage Fraud Doctrines.
- Making a false tax return “involv[ing] fraud or deceit” when the loss to the government exceeds $10,000 is an aggravated felony.
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Category Archives: Motion to Reopen
Bachynskyy v. Holder. 7th Cir. -IJ Warnings regarding voluntary departure are not retroactive to VD grants occurring before January 20, 2009
Petitioner, a Ukrainian citizen who entered the U.S. without inspection sought withholding of removal under the Convention Against Torture. The Immigration Judge stated that she was continuing the case for four months, but that if she decided before that date,”you … Continue reading
Bachynskyy v. Holder. 7th Cir. -IJ Warnings regarding voluntary departure are not retroactive
Petitioner, a Ukrainian citizen who entered the U.S. without inspection sought withholding of removal under the Convention Against Torture. The Immigration Judge stated that she was continuing the case for four months, but that if she decided before that date,”you … Continue reading
Lin Jiang, Seventh Circuit: Asylum/Motion to Reopen/Ineffective Assistance of Counsel/Changed Country Conditions
Lin Jiang v. Eric Holder, Jr., 09-3179Court of Appeals for the Seventh Circuit. Friday, March 18th, 2011Status: Published/PrecedentialLin_Jiang_v._Eric_Holder_Jr..pdf Tweet In Lin Xing Jiang v. Holder, 2011 WL 923279 (7th Cir. 2011), the U.S. Court of Appeals for the Seventh Circuit denied … Continue reading
A court of appeals also may set aside a decision in which the BIA has abused its discretion in applying the law to the facts-7th Cir
Kucana v. Holder, No. 07-1002“The Supreme Court remanded this proceeding to the 7th Circuit for decision on the merits after holding that 8 U.S.C. §1252(a)(2)(B) does not affect judicial review of situations in which immigration officials’ discretion is specified by … Continue reading
Establishing good cause for a continuance of proceedings-7th Cir. 2010
Juarez v. Holder, No. 08-1788: Denial of Motion to Reopen/Noncompliance with Biometrics Requirements Juarez v. Holder (Sykes) Oral Argument | Full Text Petition for review BIA’s decision that petitioners’ untimely applications and failure to provide the required biometrics meant they had … Continue reading
Motion to Reopen After Departure from U.S./Sua Sponte Authority to Consider Belated Motions
CA7 affirmed denial of motion to reopen by departed alien, finding that petitioner’s motion was unquestionably time-barred where petitioner offered no basis to excuse a six-plus year delay in moving to reopen. (Munoz de Real v. Holder, 2/11/10). A petition … Continue reading
Voluntary Departure, conclusion of removal proceedings
Supreme Court Holds that Alien Must Be Allowed to Withdraw Request for Voluntary Departure but Voluntary Departure Is Not Automatically TolledDada v. Mukasey, 128 S. Ct. 2307 (U.S. June 16, 2008) Petitioner, a native and citizen of Nigeria, who had … Continue reading
