Law Offices of Michael D. Baker

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MIRANDA-CORDIERO, 27 I&N Dec. 551 (BIA 2019) ID 3953 (PDF) Pursuant to section 240(b)(5)(B) of the Immigration and Nationality Act, 8 U.S.C. § 1229a(b)(5)(B) (2012), neither rescission of an in absentia order of removal nor termination of the proceedings is … Continue reading →
Continue Reading BIA Precedent Decisions Volume 27 (3887 – 3984) Executive Office for Immigration Review 2017-2020

A new case from the U.S. 7th Circuit Court of Appeals denied termination under Pereira v. Sessions, but without validating the BIA’s 2-step approach which many circuit courts had upheld. The failure to follow a claim-processing rule is not a … Continue reading →
Continue Reading CA7 finds that a deficient immigration court notice does not strip the immigration courts of authority to preside over the resulting removal proceedings

On December 21, 2018, Executive Office of Immigration Review (EOIR) Director James R. McHenry III issued PM 19-08, “Acceptance of Notices to Appear and Use of the Interactive Scheduling System,” which is intended to establish standards for the receipt of … Continue reading →
Continue Reading EOIR Issues Policy Memorandum Regarding Acceptance of NTAs by Immigration Courts and Use of Interactive Scheduling System

As of December 27, 2018, the federal government is in shutdown mode due to a stalemate regarding President Trump’s insistence that appropriations include funding for the building of a wall at the southern border of the United States. The Executive … Continue reading →
Continue Reading Government Agencies Outline Effects of Government Shutdown On Their Operations

On December 10, 2018, U.S. Customs and Border Protection (CBP) released statistics regarding claims of fear by those who are determined to be inadmissible at ports of entry, or apprehended along the border, by U.S. Border Patrol agents. In recent … Continue reading →
Continue Reading CBP Releases Statistics Showing Increasing in Credible Fear Claims During Fiscal Year 2018

Acting Attorney General Matthew Whitaker has ordered the Board of Immigration Appeals (BIA or Board) to refer two cases to him for review of the Board’s decision: • Matter of L-E-A-, in which the question is whether, and under what … Continue reading →
Continue Reading Acting Attorney General Whitaker Orders BIA to Refer Two Cases to Him for Review of the Decisions

Alvarenga-Flores v. Sessions Citation Case Number: No. 17-2920 Decision Date: August 28, 2018 Federal District: Petition for Review, Order of Bd. of Immigration Appeals Holding: Petition denied Record contained sufficient evidence to support IJ’s denial of application for asylum relief, … Continue reading →
Continue Reading Recent Cases United States Court of Appeals for the 7th Circuit (October 2017-December 2018. CA7)