LexisNexis® Legal Newsroom
CA7 Overrules Matter of Akram! - Akram v. Holder

"Mahvash Alisha Akram came to this country in 2006. She hoped to join her recently remarried mother and become a lawful permanent resident. Her hopes were dashed when she ran headlong into a regulatory wall. She now argues that the regulation that thwarted her cannot stand. Because we find that...

CA7 on Retroactivity, Aggravated Felony: Zivkovic v. Holder

"Milija Zivkovic, a Serbian who has been in the United States since 1966, has petitioned for review of an order of the Board of Immigration Appeals ordering him removed from the United States. The Board found that Zivkovic was removable because he had committed three aggravated felonies and that...

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 Social Group: Cece v. Holder

"The immigration judge granted Cece asylum in 2006, concluding that she belonged to the group of “young women who are targeted for prostitution by traffickers in Albania,” and that the Albanian government was unwilling or unable to protect such women. ... The Board dismissed Cece’s...

CA7 on Belarus, Changed Conditions: Boika v. Holder

"The Board of Immigration Appeals affirmed the IJ’s denial of asylum, and we denied Boika’s subsequent petition for review. Boika v. Holder, 418 Fed. App’x. 559 (7th Cir. 2011). Boika then moved to reopen based on materially changed country conditions. See 8 U.S.C. § 1229a...

CA7 on BIA Fact-Finding: Rosiles-Camarena v. Holder

"The Board has interpreted §1003.1(d)(3)(i) in a way that it believes makes clauses (i) and (ii) harmonious by relying on the longstanding distinctions between adjudicative and legislative facts, and between historical (case-specific) facts and those aspects of discretion or judgment that concern...

'Motor Voter' Error Could Trigger Deportation

"With her fiancée visa in hand, Elizabeth Keathley moved to Bloomington from her native Philippines in 2003. She quickly went about organizing the details of her new life in Illinois, including getting her driver’s license. At the Illinois Department of Motor Vehicles she was asked...

CA7 on Derivative Asylum, Social Group, Internal Relocation: N.L.A. v. Holder

"The immigration judge concluded that N.L.A. failed to meet her burden of proof that she has suffered from past persecution or that she would suffer from future persecution on the basis of her membership in a social group of land owners (or some permutation of that category) or because of her political...

CA7: IJs Have U Visa Waiver Authority - L.D.G. v. Holder

"In the absence of a clear indication by Congress to the contrary, we find that section 1182(d)(14) and section 1182(d)(3)(A) waivers can and do coexist, and that the IJ has jurisdiction to grant a waiver of inadmissibility to a U Visa applicant under section 1182(d)(3)(A)." - L.D.G. v. Holder...

CA7 on Social Group; Mexico; Honest Police: R.R.D. v. Holder

"While R.R.D. was an investigator for Mexico’s Federal Agency of Investigation, he arrested hundreds of suspects and repeatedly testified against drug traffickers. Drug organizations offered bribes to get him out of their hair and, when he refused, tried to kill him under their “plata...

CA7 on Silva-Trevino: Sanchez v. Holder

"Fredy Arnoldo Sanchez seeks review of a Board of Immigration Appeals decision dismissing his appeal of the immigration judge’s order of removal. The Board determined that Sanchez was ineligible for cancellation of removal because he failed to prove that he had not been convicted of a crime...

CA7 on 'Sought to Acquire,' Retroactivity: Velasquez-Garcia v. Holder

"Although we find the Board’s new interpretation of the Act’s ambiguous language to be reasonable, we conclude that retroactive application of the new one-year filing rule works a manifest injustice in Velásquez’s case. We therefore remand to the Board for redetermination...

CA7 on Belarus, Evidence: Sobaleva v. Holder

"We conclude that two significant flaws in the decisions of both the immigration judge and the Board require that the petition be granted and the case remanded for further consideration. First, the judge and the Board applied the wrong legal standard to conclude that Sobaleva was not persecuted...

CA7 on Continuances: Yang v. Holder

"Although we are satisfied that the Board did not abuse its discretion in denying Yang’s request for asylum and associated relief, the same cannot be said for its decision to uphold the IJ’s denial of a continuance pending adjudication of Yang’s I-130; we grant the petition for...

CA7 on 212(c), Rehabilitation: Avila-Ramirez v. Holder

"An immigration judge found Carlos Avila-Ramirez “credible” and gave “full weight to his testimony” at a hearing requesting discretionary relief from removal. That testimony included Avila-Ramirez’s denial that he had committed any underlying wrongdoing during the times...

CA7 on Retroactivity, Stop-Time Rule: Jeudy v. Holder

"The BIA has determined that the stop-time rule applies retroactively to reach offenses that were committed before the rule’s effective date. See In re Robles-Urrea, 24 I. & N. Dec. 22, 27 (BIA 2006); In re Perez, 22 I. & N. Dec. 689, 692–93 (BIA 1999) (en banc). Jeudy counters...

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 on Corroboration, Asylum, Zimbabwe: Sibanda v. Holder

"After fleeing from her native Zimbabwe to the United States, Lucy Sibanda applied for asylum and other relief from removal. She fears that if she is repatriated, her brother‐in‐law will exercise his rights under a tribal custom that deems her, his brother’s widow, his property and will attempt...

CA7 on Evidence, Ineffective Assistance: Chen v. Holder

"Where, as here, the Board ignores a potentially meritorious argument when deciding a motion to reopen, it abuses its discretion. ... Thus, the petition for review is granted. The Board should determine if Chen’s attorneys incompetently neglected to offer evidence and arguments that might...

CA7 on Adverse Credibility, Asylum, Mongolia: Nadmid v. Holder

"Gonchigsharav Nadmid, a Mongolian businessman, petitions for review of the denial of his application for asylum and withholding from removal based on (1) his political opinion denouncing two prominent and corrupt politicians by name at a public rally and (2) his membership in the social group of...

CA7 on Ineffective Assistance of Counsel: Habib v. Lynch

"Ashraf Habib, a 56-year-old citizen of Pakistan, petitions for review of an order of the Board of Immigration Appeals denying his motion to reopen on the ground of ineffective assistance of counsel. Habib was charged with removability for misrepresenting a material fact—his marital status...

CA7 on Credibility, China: Liu v. Lynch

"Hongting Liu, a Chinese citizen in her mid-twenties, petitions for review of the denial of her application for asylum and withholding of removal based on religious persecution. Because substantial evidence does not support the Immigration Judge’s (IJ) adverse credibility finding, which was...

CA7 on Burden of Proof: Hernandez Lara v. Lynch

"Hernandez testified at the removal hearing that he had entered his marriage in good faith and the government offered no evidence to the contrary. Without making a credibility finding, the immigration judge determined that Hernandez’s marriage was not bona fide and ordered him removed. The...

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...