Set Text Size:

S

S

S

Seventh Circuit

2012 | 2011 | 2010 | 2009 | 2008 | 2007 | 2006 | 2005 | 2004 | 2003 - 1996

  • CA5 on Derivative Citizenship Under Former INA §321(465 KB - 6/7/2013)
    The court held that the petitioner did not derive citizenship under former INA §321 because his mother was not legally separated from his father when she naturalized. (Joseph v. Holder, 5/29/13)
    AILA Doc. No. 13060746.
  • CA7 on Conditions of Religious Freedom in China(539 KB - 6/7/2013)
    The court held that the Chinese petitioner, who converted to Christianity after coming to the U.S., demonstrated that she had a well-founded fear of persecution, and that conditions of religious freedom in China have deteriorated since 2002. (Liu v. Holder, 6/3/13)
    AILA Doc. No. 13060745.
  • CA7 on Jurisdiction to Review Timeliness of Asylum Application(576 KB - 6/7/2013)
    The court found that it did not have jurisdiction to review whether the petitioner’s asylum application was untimely and that there were no changed circumstances that excused the late filing, holding that the petitioner’s argument was not a pure question of law. (Bitsin v. Holder, 5/31/13)
    AILA Doc. No. 13060744.
  • CA7 Remands Asylum Case of Political Activist from Moldova(529 KB - 5/20/2013)
    The court found that the IJ and BIA applied the wrong legal standard in determining whether the petitioner had shown past persecution for his political activities in Moldova, and remanded the case to the BIA. (Prodan v. Holder, 5/20/13) AILA Doc. No. 13052050.
    AILA Doc. No. 13052050.
  • CA7 Seriously Critiques BIA Treatment of Asylum Cases Based on Forced Sterilization(548 KB - 5/15/2013)
    The court wrote that the BIA brushed aside whether the petitioner faces a substantial risk of compulsory sterilization if she is removed to China, critiqued the BIA for its treatment of the evidence, and remanded the case. (Chen v. Holder, 5/9/13) AILA Doc. No. 13051501.
    AILA Doc. No. 13051501.
  • CA7 on False Claims to U.S. Citizenship(539 KB - 5/15/2013)
    The court held that a baptismal certificate presented by the petitioner at the border is not sufficient evidence to constitute a representation of U.S. citizenship, noting that it did not list a country or state under “place of birth.” (Munoz-Avila v. Holder, 5/3/13) AILA Doc. No. 13051557.
    AILA Doc. No. 13051557.
  • CA7 Holds BIA Did Not Meaningfully Address Evidence in Asylum Case(566 KB - 5/7/2013)
    The court held that the BIA failed to meaningfully to address documents bolstering the petitioner’s assertion that conditions in China have changed for the worse, and remanded the case to the BIA. (Ni v. Holder, 4/26/13) AILA Doc. No. 13050743.
    AILA Doc. No. 13050743.
  • CA7 Finds BIA and IJ Overlooked Material Evidence(527 KB - 4/9/2013)
    The court remanded the case, holding that the IJ and BIA overlooked material evidence demonstrating that the petitioner suffered past persecution in Palestine on account of his political opinion. (Jabr v. Holder, 4/2/13) AILA Doc. No. 13040953.
    AILA Doc. No. 13040953.
  • CA7 Holds BIA Error in Asylum Case is Harmless(525 KB - 4/2/2013)
    The court found that the BIA’s conclusory rejection of the petitioner’s argument was a harmless error, because the BIA could have reasonably concluded the highly generalized evidence was insufficient. (Zheng v. Holder, 3/27/13) AILA Doc. No. 13040248.
    AILA Doc. No. 13040248.
  • CA7 Holds Fraudulent Use of Social Security Card is CIMT(494 KB - 3/11/2013)
    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 crime involving moral turpitude. (Marin-Rodriguez v. Holder,, 3/6/13) AILA Doc. No. 13031154.
    AILA Doc. No. 13031154.
  • CA7 Finds No Jurisdiction to Review Denial of Continuance(485 KB - 3/4/2013)
    The court held that the jurisdictional bar in §242(a)(2)(C), which prohibits the court from reviewing a removal order if the noncitizen committed certain criminal offenses, precluded them from reviewing the denial of a continuance. (Moral-Salazar v. Holder, 2/28/13) AILA Doc. No. 13030455.
    AILA Doc. No. 13030455.
  • CA7 on In Absentia Orders of Removal(486 KB - 2/19/2013)
    The court set aside the in absentia order of removal, finding that the petitioner was not given an opportunity to present evidence that her case should be reopened because she never received notice of the hearing. (Smykiene v. Holder, 2/13/13) AILA Doc. No. 13021953.
    AILA Doc. No. 13021953.
  • CA7 Remands Pakistani Asylum Case(530 KB - 2/19/2013)
    The court granted the petition and remanded the asylum case, holding that the BIA’s conclusion that the petitioner’s attackers were motivated solely by a desire for personal revenge is not supported by substantial evidence. (Mustafa v. Holder, 2/11/13) AILA Doc. No. 13021949.
    AILA Doc. No. 13021949.
  • CA7 Upholds Denial of Good-Faith Marriage Waiver(492 KB - 2/19/2013)
    The court upheld the denial of the petitioner’s request for a good-faith marriage waiver, finding the removal proceedings were not unfair and that the IJ’s adverse credibility determination was reasonable. (Boadi v. Holder, 2/7/13) AILA Doc. No.013021948.
    AILA Doc. No. 13021948.
  • CA7 on the Meaning of Lawful Status Under §245(k)(472 KB - 1/24/2013)
    The court held that “lawful status” for adjustment eligibility purposes under §245(k) does not extend to a person who has a prior adjustment application still pending, even if that person’s nonimmigrant status has expired. (Chaudhry v. Holder, 1/17/13) AILA Doc. No. 13012445.
    AILA Doc. No. 13012445.
  • CA7 Denies Asylum Request of Falun Gong Practitioner(496 KB - 1/24/2013)
    The court held that the petitioner had not suffered past persecution when he learned that his wife in China had been forcibly sterilized, and also that he lacked a well-founded fear of future persecution based on his Falun Gong activities. (Chen v. Holder, 1/18/13) AILA Doc. No. 13012444.
    AILA Doc. No. 13012444.
  • CA7 Finds Jurisdiction to Review Deferral of Removal Request(502 KB - 1/17/2013)
    The court held that INA §242(a)(2)(C) does not bar judicial review of a deferral of removal request, found that the evidence supported that the petitioner will probably be murdered if he returns to Kenya, and remanded the case. (Wanjiru v. Holder, 1/11/13) AILA Doc. No. 13011745.
    AILA Doc. No. 13011745.