LexisNexis® Legal Newsroom
CA7 (Posner) on I-864, Duty to Mitigate: Liu v. Mund

"Mund refused to provide the support specified in the federal affidavit, on the ground that his ex-wife wasn’t looking for work. So she filed the present suit, in federal district court in Wisconsin, seeking that support and contending that failure to mitigate damages is not a defense to the...

CA7 (Posner) Slaps BIA, IJ: Smykiene v. Holder

Ira Azulay writes: "Kudos to Shannon Shepherd, Judd Azulay & Helen Harnett for this awesome decision reminding the government attorneys, along with the BIA and the IJ, that notice is only valid if received, not if it's sent." - Smykiene v. Holder, Feb. 13, 2013 .

CA7 (Posner) on Asylum, China, Forced Sterilization: Chen v. Holder

"We complained in Zheng v. Holder, 666 F.3d 1064, 1068 (7th Cir. 2012), about the Board’s insouciant attitude toward evidence of forced sterilization in Fujian, an attitude illustrated by the Board’s opinion in this case. ... The Justice Department’s brief in this court is even...

CA7 (Posner) on Asylum, China, Changed Conditions, Chenery: Liu v. Holder

"The Justice Department insists that the only change was in the petitioner’s personal conditions. That is wrong. It ignores the change in country conditions. In arguing that reopening was barred because the only change was in personal conditions, the Department was once again violating the...

CA7 (Posner) on Entry: Margulis v. Holder

"The Board can reexamine, and if it wants overrule, a precedent, but it didn’t do that in this case. It ignored it. This is not permissible. An agency must give reasons for abandoning a precedent. ... The citation of the case by the Board is incomprehensible, and the government’s argument...

CA7 on Aggravated Misdemeanor; Posner Dissents: Velasco-Giron v. Holder

Matter of Rodriguez-Rodriguez, 22 I&N Dec. 991 (BIA 1999)(en banc), followed. See Posner's dissent. - Velasco-Giron v. Holder, Sept. 26, 2014 .

CA7 (Posner) on Burden of Proof: Lopez-Esparza v. Holder

"Our ground for setting aside that ruling is not that the administrative law judge erred in finding that Lopez‐Esparza had failed to carry his burden of proof, but that the judge applied the wrong standard—the standard, of his invention, that imperfect recollection precludes a finding of continuous...

CA7 (Posner) on Padilla, Crimmigration: DeBartolo v. USA

"Renato DeBartolo, 48 years old, immigrated to the United States with his family at the age of one, but unlike most of his family never got around to applying for U.S. citizenship. He is married to an American citizen, however, and his seven or ten children (the correct number is uncertain) are...