Preview: Justice, Justice Judge Richard Posner died this week at 87. A month ago I built a long essay, “The Alien Always Loses,” on a single sentence he wrote in 2006. He deserves more from me than a citation. He … Continue reading →
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The Supreme Court Lets the Texas Consent Judgment Stand, and Immigration Judges Lose Administrative Closure
On October 27, 2026, the Supreme Court refused to stay the judgment that erased administrative closure from the immigration regulations. The order in City of Baltimore v. Texas, No. 26A500, runs a single sentence. It gives no reasons and records … Continue reading →
Continue Reading The Supreme Court Lets the Texas Consent Judgment Stand, and Immigration Judges Lose Administrative Closure
The BIA Stops Following the Ninth Circuit: Matter of J-E-D-C- and an Agency That Overrules a Court
On October 19, the Board of Immigration Appeals told immigration judges in the Ninth Circuit to stop following a rule that the Ninth Circuit had reaffirmed forty-five days earlier. The decision is Matter of J-E-D-C-, 30 I&N Dec. 162 (BIA … Continue reading →
Continue Reading The BIA Stops Following the Ninth Circuit: Matter of J-E-D-C- and an Agency That Overrules a Court
Trump Cut Legal Immigration 2.7 Times More Than Illegal Immigration. Now the Bill Comes Due
The administration says its target is illegal immigration. Its own numbers show it cut legal immigration far more. David J. Bier of the Cato Institute ran the count through February 2026, comparing a recent month with a month before the … Continue reading →
Continue Reading Trump Cut Legal Immigration 2.7 Times More Than Illegal Immigration. Now the Bill Comes Due
“The Alien Always Loses”: Posner’s Warning and the Board of Immigration Appeals Today
Preview: The Alien Always Loses The mirror image In 2006 a lawful permanent resident of Illinois stood convicted of possessing a small amount of cocaine. Illinois called the crime a felony. Federal law called the same conduct a misdemeanor. The … Continue reading →
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The Record: Every Board of Immigration Appeals Precedent Since January 2025
Preview: Board precedent record This page is the working record behind my essay on the Board of Immigration Appeals. It lists every precedent the Board and the Attorney General have published since January 31, 2025, links each one to the … Continue reading →
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Your Old Arrest Can Finally Disappear: Illinois Expungement and Sealing in 2026
Illinois Expungement and Sealing: What You Can Clear in 2026 Illinois Expungement and Sealing: What You Can Clear in 2026 Illinois criminal records · Updated September 22, 2026 An old arrest can keep showing up long after the case is … Continue reading →
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The Board Just Turned a 1952 Draft-Dodger Law Into a Permanent, Unwaivable Bar for Aggravated Felons
An aggravated felony now closes off a green card by itself. Not through the criminal grounds of inadmissibility Congress actually wrote for felons. Through a definition Congress wrote in 1952 for men who dodged the draft. The Board of Immigration … Continue reading →
Continue Reading The Board Just Turned a 1952 Draft-Dodger Law Into a Permanent, Unwaivable Bar for Aggravated Felons
Matter of Diji: The Board Killed a 25-Year Notice Rule It Didn’t Need To
By Michael D. Baker Ifeanyi Diji showed up to collect his green card and learned he had already lost. On June 3, 2025, he walked into his marriage-based adjustment interview, married to a United States citizen, and found out an … Continue reading →
Continue Reading Matter of Diji: The Board Killed a 25-Year Notice Rule It Didn’t Need To
Protected From Deportation, Deported Anyway
A protected man, a blank space on a removal notice, and a government working down a list of countries until one says yes. Nabil reports to a federal building on a morning he expects to be routine. He has done … Continue reading →
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USCIS Can Now Send Asylum Seekers to Immigration Court Without an Interview
No Interview, No Hearing, No One Watching By Michael D. Baker Immigration Equality v. Mullin, No. 1:26-cv-02921 (D.D.C. filed Aug. 19, 2026). It challenges Affirmative Asylum Referrals Without Interview, 91 Fed. Reg. 47101 (July 28, 2026). On July 28, the … Continue reading →
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The Public Charge Net Widens on September 18, 2026
By Michael D. Baker On September 18, 2026, the government widens the public charge test for green cards. USCIS will weigh nearly any government benefit an applicant uses, not just cash welfare. The USCIS policy alert that spells this out … Continue reading →
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The Board Cuts the Right to Counsel Down to Ten Days
In Matter of A-K-R-, the BIA holds that a single ten-day cushion is the only hard time the statute owes you to find a lawyer. Everything after it is a favor. By Michael D. Baker A detained man from India … Continue reading →
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BIA Overrules Arrabally: Advance Parole Travel Is Now a “Departure” — And DACA Recipients Just Lost Their Last Clean Path to a Green Card
The Board of Immigration Appeals just took away the only clean path a whole category of DACA recipients had left. Matter of Delcarmen-Lara, 29 I&N Dec. 830 (BIA Aug. 13, 2026) (Interim Decision #4233), overrules Matter of Arrabally and Yerrabelly, … Continue reading →
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Chicago Is a City of Neighborhoods. The Law Drew the Lines
By Michael D. Baker Tarpon Springs is a Greek town because sponge divers came from the Dodecanese to work the Gulf a century ago and stayed. New Bedford holds Portuguese and Cape Verdean families because whaling ships took on crews … Continue reading →
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Registering to Vote Is Easy. For Immigrants, It Can Be a Trap.
Every institution in American life is built to make voting easier. One institution is built to make a single wrong vote catastrophic. The same person stands in front of both. By Michael D. Baker Ask Claude how to register to … Continue reading →
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