Immigration — timeliness of brief

Posted May 16, 2022 12:38 PM

Where BIA denied petitioner’s brief in a footnote and based its decision on two reasons that were factually inaccurate, the Board abused its discretion.The 7th U.S. Circuit Court of Appeals granted a petition for review from a decision by the Board of Immigration Appeals.Originally from Nigeria, Olawole Oluwajana became a lawful permanent resident of the United States in 2011. In 2017, he was convicted in Illinois state court of criminal sexual assault and aggravated criminal sexual abuse. Based on those convictions, the …

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Where defendant pleads guilty due to the threat of being impeached by a prior conviction later found void ab initio and is sentenced based on the same conviction, he has suffered a constitutional violation.
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