CHAIDEZ SUPREME COURT HEARING MAY ALLOW TO APPLY PADILLA RETROACTIVELY

By: Margarita Baldwin* On November 1, 2012, the US Supreme Court heard the oral arguments in Roselva Chaidez v. United States, (USSC No. 11-820, cert granted 4/30/12) to determine whether the Padilla v. Kentucky, 130 S. Ct. 1473 (2010) should … Continue reading

TO RELOCATE OR NOT TO RELOCATE, THAT IS THE QUESTION

By: Margarita Baldwin* In assessing an asylum seeker’s ability to relocate within the borders of the country, the Immigration Judge must decide whether the asylum-seeker can avoid future persecution by moving to another part of the country and whether it … Continue reading

BIA Makes Procedural Exception to the One Year, Thus Expanding the Meaning on Child Status Protection Act

By: Margarita Baldwin* In a recent case by BIA, Matter of O. Vazquez, 25 I &N Dec. 817 (BIA 2012) the Board explained the “sought to acquire” provision of section 203(h)(1)(A) of INA, 8U.S.C. § 1153(h)(1)(A) (2006), which is a … Continue reading

Non-Profit Blames Maryland’s Fiscal Problems on Immigrant Children

By: Margarita Baldwin* In a recent article “Anti-Immigration Group Blames Students for Maryland Budget’s Gap” written by Walter Ewingand published on www.  Immigrationimpact.org web site (one of the American Immigration Council Project), the author sharply criticizes the conclusion made by … Continue reading

BIA Puts Same-Sex Marriage Petitions On Hold

By: Margarita Baldwin* The Board of Immigration Appeals is leaning towards setting a precedent in Immigration law that would eventually allow or prevent immigrants from seeking adjustment of status based on same-sex marriage. Recently, three appeals and a motion to … Continue reading

A PARTICULAR SOCIAL GROUP CANNOT BE DEFINED ONLY BY THE PERSECUTION FEARED BY ITS MEMBERS

By:  Margarita Baldwin* In a recent decision the Court of Appeals for the 7th Circuit upheld the denial of asylum for Johanna Cece, a citizen of Albania, who argued on appeal that young Albanian women in danger of being trafficked … Continue reading