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Seventh Circuit

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  • CA7 Holds Stop-Time Rule May Not Be Applied Retroactively(7946 KB - 9/17/2014)
    The court found that the stop-time rule of INA §240A(d)(1) would have an impermissible retroactive effect if it were applied to petitioner’s 1995 drug offense, and that he was eligible for cancellation since he accumulated the seven years of continuous residence. (Jeudy v. Holder, 9/15/14)
    AILA Doc. No. 14091742.
  • CA7 Says Petitioner Is Eligible for §212(c) Relief(620 KB - 9/5/2014)
    The court remanded the §212(c) denial, concluding the BIA committed legal error by failing to follow its own precedent and giving substantial weight to an arrest report absent a conviction or corroborating evidence of the allegations contained therein. (Avila-Ramirez v. Holder, 8/21/14)
    AILA Doc. No. 14090552.
  • CA7 Says IJ’s Decision to Deny Cancellation Did Not Violate Due Process Rights(585 KB - 8/18/2014)
    The court found jurisdiction under INA §242(a)(2)(D) to hold that as cancellation proceedings provide only discretionary relief, the IJ’s decision to deny cancellation did not violate any rights protected by the Fifth Amendment’s Due Process clause. (Adame v. Holder, 8/12/14)
    AILA Doc. No. 14081845.
  • CA7 Says Warnings About Frivolous Asylum Bar Were Adequately Translated at Interview(571 KB - 8/18/2014)
    The court held the BIA did not err in when it applied INA §208(d)(6), finding that although the petitioner had limited English proficiency, the interpreter at the asylum interview, who was also convicted of asylum fraud, adequately translated the warnings. (Albu v. Holder, 8/5/14)
    AILA Doc. No. 14081842.
  • CA7 Says BIA Did Not Satisfy Hashmi Factors in Granting Continuance(611 KB - 8/5/2014)
    The court held the BIA abused its discretion in denying the continuance pending adjudication of the I-130, as a continuance was needed due to USCIS’s carelessness in losing supporting materials about the potential fraudulent nature of petitioner’s second marriage. (Yang v. Holder, 7/25/14)
    AILA Doc. No. 14080549.
  • CA7 Says IJ and BIA Applied Wrong Legal Standard and Misconstrued Evidence in Asylum Case(589 KB - 8/5/2014)
    The court remanded, finding that the IJ and BIA applied the wrong legal standard in concluding petitioner was not persecuted in Belarus on account of her political opinion and misconstrued and disregarded important evidence. (Sobaleva v. Holder, 7/24/14)
    AILA Doc. No. 14080547.
  • CA7 on CSPA “Sought to Acquire” Standard(651 KB - 8/4/2014)
    The court remanded for the BIA to determine whether petitioner took “substantial steps” to acquire permanent status within one year of his eligibility, as required by the Child Status Protection Act (CSPA) standard in effect prior to Matter of O. Vasquez. (Velásquez v. Holder, 7/23/14)
    AILA Doc. No. 14080440.
  • CA7 Applies Camarillo, Says Defective NTA Suffices for Triggering Stop-Time Rule(589 KB - 7/29/2014)
    The court applied Chevron deference and upheld the BIA’s decision in Camarillo that a Notice to Appear (NTA) that does not specify a particular time and date for an initial hearing suffices to trigger the stop-time rule under INA §240A(d)(1). (Wang v. Holder, 7/16/14)
    AILA Doc. No. 14072950.
  • CA7 Applies Chevron Deference to BIA’s Interpretation of INA §240A(b)(1)(C)(635 KB - 7/29/2014)
    The court agreed with the BIA that an alien convicted of an offense under INA §237(a)(2) is ineligible for cancellation under INA §240A(b)(1)(C), regardless of whether he is charged with removal under §212 as an inadmissible alien or §237 as a deportable alien. (Coyomani v. Holder, 7/14/14)
    AILA Doc. No. 14072949.
  • CA7 Vacates And Remands, Says BIA Did Not Properly Apply Silva-Trevino(652 KB - 7/28/2014)
    The court found the BIA did not properly apply the Silva-Trevino framework in determining that any portion of knowingly or intentionally failing to stop after causing injury under §9-26-1-8 of the Indiana statute categorically qualified as a CIMT. (Sanchez v. Holder, 7/9/14)
    AILA Doc. No. 14072840.
  • CA7 Upholds Denial of Continuance for Petitioner with Multiple Traffic Violations(1051 KB - 7/14/2014)
    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. (Ortiz-Estrada v. Holder, 7/3/14)
    AILA Doc. No. 14071407.
  • CA7 Denies Withholding of Removal to Chinese Christian in Indonesia(1310 KB - 6/23/2014)
    The court denied the petition for review, finding petitioner failed to meet the test for withholding, did not show a pattern or practice of persecution of Chinese Christians in Indonesia, nor could he establish his personal fear of persecution was reasonable. (Halim v. Holder, 6/17/14)
    AILA Doc. No. 14062343.
  • CA7 Declines to Review Petition for Roma Asylum Seeker from Bulgaria(636 KB - 5/14/2014)
    The court denied the petition for review, affirming the IJ’s adverse credibility determination and finding that the petitioner could not provide evidence outside her testimony that she was persecuted because she is Roma. (Georgieva v. Holder, 5/6/14)
    AILA Doc. No. 14051440.
  • CA7 Declines to Review Removal Order for Petitioner with Multiple Identities(610 KB - 4/21/2014)
    The court denied the petition for review, finding that the BIA did not err by finding that the petitioner, who had multiple identities, did not establish by clear and convincing evidence that he was inspected and admitted into the U.S. (Singh v. Holder, 4/16/14)
    AILA Doc. No. 14042150.
  • CA7 Declines to Review Withholding Denial for Mexican Petitioner Fleeing Abusive Wife(1059 KB - 4/9/2014)
    The court held that the BIA did not err by finding that the petitioner failed to identify “persons who face persecution by corrupt governmental and law enforcement authorities instigated by a politically connected spouse” as a valid social group. (Ruiz-Cabrera v. Holder, 4/8/14)
    AILA Doc. No. 14040951.
  • CA7 Declines to Review Untimely Motion to Reopen(1057 KB - 4/4/2014)
    The petitioners sought to reopen their removal proceedings to administratively close their case and seek a provisional waiver of their inadmissibility, and the court denied the petition for review, as the motion to reopen the asylum denial was untimely. (Patel v. Holder, 4/1/14)
    AILA Doc. No. 14040448.
  • CA7 Vacates Removal Order for Honest Mexican Police Officer Seeking Asylum(540 KB - 3/27/2014)
    The court found the removal order of the Mexican petitioner seeking asylum under the social group of honest police officers could not stand without further proceedings, and the distinction between honest police and effective honest police was without merit. (R.R.D. v. Holder, 3/19/14)
    AILA Doc. No. 14032746.
  • CA7 Declines to Review Asylum Denial for Chinese Petitioner(635 KB - 3/24/2014)
    The court found it lacked jurisdiction to review the BIA’s conclusion that the Chinese petitioner’s asylum application was time-bared, and denied his CAT and withholding claims. (Tian v. Holder, 3/13/14)
    AILA Doc. No. 14032453.
  • CA7 Remands for IJ to Consider Waiver Request for U Visa Under §212(d)(3)(A)(650 KB - 3/18/2014)
    The court vacated the IJ’s order of removal and remanded, holding that the BIA was incorrect to hold that the IJ lacked jurisdiction to consider the petitioner’s waiver request under §212(d)(3)(A) that would allow the applicant to obtain a U visa. (L.D.G. v. Holder, 3/12/14)
    AILA Doc. No. 14031843.
  • CA7 Dismisses Chinese Asylum Petition for Lack of Jurisdiction(623 KB - 3/18/2014)
    The court found that the petitioner was unable to articulate any political opinion regarding the Chinese government’s taking of his property and dismissed the asylum petition for lack of jurisdiction. (Chen v. Holder, 3/10/14)
    AILA Doc. No. 14031841.
  • CA7 Remands Asylum Denial for Landowner from Colombia(1368 KB - 3/5/2014)
    The court remanded, finding that the petitioner suffered direct persecution on account of being a landowner of means who refused to cooperate with the Revolutionary Armed Forces of Colombia (FARC) when the FARC threatened and kidnapped her father. (N.L.A. v. Holder, 3/3/14)
    AILA Doc. No. 14030545.
  • CA7 Denies Extreme-Hardship Waiver for Petitioner Convicted of Marriage Fraud(561 KB - 1/6/2014)
    The court denied the petition for review, finding that the petitioner’s due process argument failed because he had no legitimate claim of entitlement to an extreme-hardship waiver under INA §216(c)(4). (Darif v. Holder, 1/2/14)
    AILA Doc. No. 14010649.
 
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