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Michael D. Baker

@mikebakerlaw.bsky.social
246 followers 503 following 2.9K posts

An immigration lawyer's examination of how immigration law, executive power, and American institutions actually operate. Former Criminal Prosecutor. Following, reposting, and replies do not imply endorsement. mikebakerlaw.com

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Michael D. Baker @mikebakerlaw.bsky.social · 20h
The scoreboard since January 2025, counting every published BIA and Attorney General precedent (decisions binding on all immigration judges): Government: 164 Noncitizens: 2 (both narrow procedural rulings) Every decision: mikebakerlaw.com/blog/2026/10...
mikebakerlaw.com
The Record: Every Board of Immigration Appeals Precedent Since January 2025 - Law Offices of Michael D. Baker
162 BIA and Attorney General precedents since January 2025, each linked to the decision. Two went to the noncitizen. Updated monthly.
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Michael D. Baker @mikebakerlaw.bsky.social · 20h
⚖️ Matter of L. Ramirez, 30 I&N Dec. 157 (BIA 2026) 📄 ID 4260: A pending U visa no longer earns a presumed continuance. Sanchez Sosa overruled. With U visa waits running for years, judges can refuse the delay and order removal. www.justice.gov/eoir/media/1...
justice.gov
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Michael D. Baker @mikebakerlaw.bsky.social · 15/10/2026
Who decides whether federal agents must identify themselves? The Ninth Circuit says California can’t impose its rule on federal officers doing federal law enforcement. It ordered a preliminary injunction. The separate mask restriction wasn’t before the panel. cdn.ca9.uscourts.gov/datastore/op...
cdn.ca9.uscourts.gov
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Michael D. Baker @mikebakerlaw.bsky.social · 15/10/2026
“Do it legally.” Then USCIS penalizes eligible immigrants for using the green card process Congress created. That’s what this lawsuit challenges. How can people follow the rules when the government punishes them for it? www.americanimmigrationcouncil.org/litigation/c...
americanimmigrationcouncil.org
Lawsuit Challenges USCIS Policies Restricting Adjustment of Status for Lawful Permanent Residence - American Immigration Council
A federal lawsuit challenges USCIS policies that discourage eligible immigrants from applying for lawful permanent residence in the United States and increase the risk of application denials.
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Michael D. Baker @mikebakerlaw.bsky.social · 14/10/2026
Congress last set legal immigration numbers in 1990. Now a president sets them by proclamation and fee, and legal entries fall faster than illegal ones. Nobody voted on it. mikebakerlaw.com/blog/2026/10...
mikebakerlaw.com
Trump Cut Legal Immigration 2.7 Times More Than Illegal Immigration. Now the Bill Comes Due - Law Offices of Michael D. Baker
Cato's David Bier shows legal entries fell 2.7 times more than illegal ones. CBO, Census, and the polls show what that costs, and why voters barely feel it.
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Michael D. Baker @mikebakerlaw.bsky.social · 14/10/2026
Trump cut legal immigration 2.7 times more than illegal immigration. Spouses of citizens, refugees, students, engineers. The border fell before he took office. The legal doors fell after. mikebakerlaw.com/blog/2026/10...
mikebakerlaw.com
Trump Cut Legal Immigration 2.7 Times More Than Illegal Immigration. Now the Bill Comes Due - Law Offices of Michael D. Baker
Cato's David Bier shows legal entries fell 2.7 times more than illegal ones. CBO, Census, and the polls show what that costs, and why voters barely feel it.
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Michael D. Baker @mikebakerlaw.bsky.social · 09/10/2026
The scoreboard since January 2025, counting every published BIA and Attorney General precedent (decisions binding on all immigration judges): Government: 163 Noncitizens: 2 (both narrow procedural rulings) Every decision: mikebakerlaw.com/blog/2026/10...
mikebakerlaw.com
The Record: Every Board of Immigration Appeals Precedent Since January 2025 - Law Offices of Michael D. Baker
162 BIA and Attorney General precedents since January 2025, each linked to the decision. Two went to the noncitizen. Updated monthly.
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Michael D. Baker @mikebakerlaw.bsky.social · 09/10/2026
⚖️ Matter of B-S-A-N-, 30 I&N Dec. 145 (BIA 2026) 📄 ID 4259. The BIA names 40 "safe" countries: the EU, UK, Canada, Japan, and more. Judges should generally deny their immigrants asylum and protection from torture, often at the first hearing. www.justice.gov/eoir/media/1...
justice.gov
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Michael D. Baker @mikebakerlaw.bsky.social · 07/10/2026
The scoreboard since January 2025, counting every published BIA and Attorney General precedent (decisions binding on all immigration judges): Government: 162; Noncitizens: 2 (both narrow procedural rulings) Every decision: mikebakerlaw.com/blog/2026/10...
mikebakerlaw.com
The Record: Every Board of Immigration Appeals Precedent Since January 2025 - Law Offices of Michael D. Baker
162 BIA and Attorney General precedents since January 2025, each linked to the decision. Two went to the noncitizen. Updated monthly.
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Michael D. Baker @mikebakerlaw.bsky.social · 07/10/2026
⚖️ Matter of M-R-I-, 30 I&N Dec. 137 (BIA 2026) 📄 ID 4258 New BIA precedent: an asylum seeker who visits home on advance parole (DHS permission to travel) abandons his whole claim, including torture protection, unless he shows compelling reasons. A sick mother didn't count.
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Michael D. Baker @mikebakerlaw.bsky.social · 05/10/2026
In 2006, Judge Posner wrote that "the alien always loses." Professor Jason Cade counted the Board's first 100 precedents since 2025. I added the 62 that followed. The noncitizen won 2 of 162. mikebakerlaw.com/blog/2026/10...
mikebakerlaw.com
"The Alien Always Loses": Posner's Warning and the Board of Immigration Appeals Today - Law Offices of Michael D. Baker
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 la...
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Michael D. Baker @mikebakerlaw.bsky.social · 04/10/2026
ICE made nearly 51,000 arrests in August—at hospitals, airports, and outside schools. Jonathan Blitzer’s devastating report traces a widening pattern of violence, secrecy, and official impunity, including here in Illinois. www.newyorker.com/magazine/202...
newyorker.com
ICE Is Everywhere and Acting with Impunity
ICE arrests have reached a record high—nearly fifty-one thousand in August alone—with agents conducting operations nationwide at hospitals, at airports, and outside schools.
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Michael D. Baker @mikebakerlaw.bsky.social · 02/10/2026
⚖️ BIA sends a case back. The judge rules again without a new hearing. A remand hands the case back to the IJ, and the Board retains no jurisdiction. You got one full hearing. No second one owed. Matter of C-M-H-H-, 30 I&N Dec. 124 (BIA 2026). www.justice.gov/eoir/media/1...
justice.gov
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Michael D. Baker @mikebakerlaw.bsky.social · 02/10/2026
🚤 BIA: Family ties don't cancel danger. IJ sets $9,000 bond. BIA vacates. DWI conviction. Boating under the influence arrest. Domestic assault arrest weeks before the hearing. No bond. Matter of Morales Cuxun, 30 I&N Dec. 121 (BIA 2026). www.justice.gov/eoir/media/1...
justice.gov
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Michael D. Baker @mikebakerlaw.bsky.social · 01/10/2026
⚖️ BIA: AI hallucinations get no pass. Ninth Circuit suspended an immigration lawyer for 6 months for fake AI citations and lying about it. BIA imposes reciprocal discipline: 6 months before EOIR and DHS. Matter of Sethi, 30 I&N Dec. 112 (BIA 2026). www.justice.gov/eoir/media/1...
justice.gov
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Michael D. Baker @mikebakerlaw.bsky.social · 01/10/2026
SCOTUS just took the biggest immigration detention case in decades. The question: can the government use a border statute to lock up people who've lived here for years — no bond, no judge, no review? mikebakerlaw.com/blog/2026/10/01/cunha-v-freden-second-circuit-ewi-bond-hearings-1226/ ⚖️
mikebakerlaw.com
Second Circuit: Long-Term EWI Residents Are Not "Seeking Admission" — Bond Hearings Required | Cunha v. Freden - Law Offices of Michael D. Baker
The Second Circuit ruled in Cunha v. Freden that § 1225(b)(2)(A) does not apply to long-term interior EWI residents. They get bond hearings under § 1226(a). Full analysis of the circuit split with the...
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Michael D. Baker @mikebakerlaw.bsky.social · 01/10/2026
⚖️ SCOTUS grants cert on ICE's no bond policy. The question: does 8 U.S.C. 1225(b)(2)(A) mandate detention of every immigrant present without admission? 9 circuits say no. The 5th and 8th say yes. Rhoney v. Barbosa da Cunha, No. 26-104. www.scotusblog.com/cases/rhoney...
scotusblog.com
Rhoney v. Barbosa da Cunha (26-104)
Supreme Court case (26-104) — tracked on SCOTUSblog.
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Michael D. Baker @mikebakerlaw.bsky.social · 29/09/2026
⚖️ BIA: An Immigration Judge may pretermit asylum and withholding with no DHS motion on file. No prima facie claim, no hearing. The applicant carries the burden. Matter of G-R-B-, 30 I&N Dec. 102 (BIA 2026). www.justice.gov/eoir/media/1...
justice.gov
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Michael D. Baker @mikebakerlaw.bsky.social · 29/09/2026
⚖️ BIA: An Immigration Judge may pretermit asylum and withholding with no DHS motion on file. No prima facie claim, no hearing. The applicant carries the burden. Matter of G-R-B-, 30 I&N Dec. 102 (BIA 2026).
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Michael D. Baker @mikebakerlaw.bsky.social · 25/09/2026
⚖️ Mahmoud Khalil asked for a neutral immigration judge. The BIA sent back a media bias chart, a shot at the NYT, and a Rule 8.2 warning to his lawyer. Neutral courts rule. This one hit back. Matter of M-K-, 30 I&N Dec. 84 (BIA 2026). www.justice.gov/eoir/media/1...
justice.gov
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Michael D. Baker @mikebakerlaw.bsky.social · 25/09/2026
⚖️ BIA rejects M-K-'s bias claim. Recusals prove nothing. NYT story and former immigration judges' affidavits prove nothing. Board docks the Times for bias, flags Rule 8.2 for counsel. Reopening denied. Matter of M-K-, 30 I&N Dec. 84 (BIA 2026). www.justice.gov/eoir/media/1...
justice.gov
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Michael D. Baker @mikebakerlaw.bsky.social · 23/09/2026
⚖️ Illinois can seal your record. Immigration law still reads it. The Clean Slate Act opens new relief. Matter of Roldan, 22 I&N Dec. 512 (BIA 1999), still treats a rehabilitative expungement as a conviction. Get certified dispositions before you file. mikebakerlaw.com/blog/2026/09...
mikebakerlaw.com
Your Old Arrest Can Finally Disappear: Illinois Expungement and Sealing in 2026 - Law Offices of Michael D. Baker
Illinois expungement and sealing after the 2017 reforms and the 2026 Clean Slate Act: waiting periods, cannabis relief, exclusions, and immigration risks.
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Michael D. Baker @mikebakerlaw.bsky.social · 21/09/2026
Nearly 50,000 people. Tracked by ICE 24/7. A lawsuit challenges GPS shackling without individualized justification. Being an immigrant doesn't make you a criminal. Read. Share. Demand accountability. kennedyhumanrights.org/litigation/m...
kennedyhumanrights.org
M.O. v. Helland: Fighting 24/7 GPS surveillance by ICE - Robert & Ethel Kennedy Human Rights Center
This case before the Third Circuit challenges the constitutionality of prolonged detention without a bond hearing under a statute the government claims gives it the power to indefinitely detain anyone...
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Michael D. Baker @mikebakerlaw.bsky.social · 21/09/2026
us06web.zoom.us/webinar/regi...
us06web.zoom.us
Welcome! You are invited to join a webinar: Over 50,000 People Are on ICE Ankle Monitors. Meet the Attorneys Suing to Take Them Off.. After registering, you will receive a confirmation email about joi...
In late July, hundreds of Haitians with Temporary Protected Status in Ohio received letters from DHS telling them to appear at an office in Cincinnati with all of their immigration documents. Many of ...
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Michael D. Baker @mikebakerlaw.bsky.social · 18/09/2026
BIA just ruled that certain felony convictions mean a person can never legally become a permanent resident here. No waiver. Only applies to convictions from today forward, not existing ones. mikebakerlaw.com/blog/2026/09...
mikebakerlaw.com
The Board Just Turned a 1952 Draft-Dodger Law Into a Permanent, Unwaivable Bar for Aggravated Felons - Law Offices of Michael D. Baker
Matter of A-V-O- overrules 26 years of settled law under Matter of Kanga, turning an aggravated felony into a permanent, unwaivable bar to citizenship and adjustment of status. Here's the rule, why it...
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Michael D. Baker @mikebakerlaw.bsky.social · 17/09/2026
⚖️ An aggravated felony can now cost the green card. Inadmissible under INA 212(a)(8)(A) as "ineligible to citizenship." A 212(h) waiver won't cure it. Pleas or verdicts after Sept 17, 2026. Kanga overruled. www.justice.gov/eoir/media/1... [ID 4245] (PDF)
justice.gov
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Michael D. Baker @mikebakerlaw.bsky.social · 14/09/2026
Bill Kristol Podcast on the Fall Elections, Featuring Robert Post electionlmy awblog.org/2026/bill-kristol-podcast-on-my-yale-class-on-the-fall-elections-featuring-robert-post/
electionlawblog.org
Bill Kristol Podcast on My Yale Class on the Fall Elections, Featuring Robert Post #ELB
As I mentioned in an earlier post, I’m co-teaching with former YLS Dean Robert Post a class on potential issues concerning the 2026 elections. After each class Bill Kristol, on his podcast Conversatio...
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Michael D. Baker @mikebakerlaw.bsky.social · 10/09/2026
⚖️ In Matter of V-S-A-, 30 I&N Dec. 37, the BIA handed immigration judges a fraud check: hold an asylum seeker's declaration against redacted declarations from other cases and flag the copies. The Board vacated the asylum grant and remanded. www.justice.gov/eoir/media/1...
justice.gov
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Michael D. Baker @mikebakerlaw.bsky.social · 09/09/2026
⚖️ New BIA precedent. No conviction needed. Street racing, resisting arrest, contraband in jail — the arrests alone prove danger. The alien carries the burden, and he failed it. Held without bond. Matter of Kamalov, 30 I&N Dec. 34 (BIA 2026). www.justice.gov/eoir/media/1...
justice.gov
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Michael D. Baker @mikebakerlaw.bsky.social · 08/09/2026
Illinois enacted a possible fix for 2027–28. But students facing bills today cannot wait a year. Leon’s words deserve to travel: “Knowledge is free.”
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Michael D. Baker @mikebakerlaw.bsky.social · 08/09/2026
Illinois advocates estimate 7,000–10,000 students could feel the impact. Many are already in school, already near a degree, already working, and relying on family, scholarships, and community support to stay enrolled.
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Michael D. Baker @mikebakerlaw.bsky.social · 08/09/2026
Karla Leon’s cost reportedly rose from roughly $4,000 to more than $9,000 after a federal Court decision cut undocumented Illinois students off from in-state tuition and state aid for 2026–27.
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Michael D. Baker @mikebakerlaw.bsky.social · 08/09/2026
A college senior at UIC opened her financial-aid portal this fall and learned that the ground had moved beneath her.
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Michael D. Baker @mikebakerlaw.bsky.social · 08/09/2026
‘Knowledge is free’: Students without permanent legal status navigate Illinois in-state tuition changes www.chicagotribune.com/2026/09/08/i...
chicagotribune.com
‘Knowledge is free’: Students without permanent legal status navigate Illinois in-state tuition changes
The Illinois Coalition for Immigrant and Refugee Rights estimates that 7,000 to 10,000 students across the state could be affected by the change.
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Michael D. Baker @mikebakerlaw.bsky.social · 08/09/2026
⚖️ BIA to LGBTQ asylum claimants: assertion is not proof. It reverses CAT deferral for a Guinean man. Not credible on orientation. No corroboration. Conflicting labels. An immigration ruling on burden. Matter of S-K-E-, 30 I&N Dec. 27 (BIA 2026). www.justice.gov/eoir/media/1...
justice.gov
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Michael D. Baker @mikebakerlaw.bsky.social · 08/09/2026
Make the effort. Choose your attitude. Tell the truth courageously but kindly. Be fair. Keep an open heart and an open mind.
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Michael D. Baker @mikebakerlaw.bsky.social · 05/09/2026
⚖️ BIA: Maduro's fall is a change in conditions in Venezuela. His removal does not end an asylum seeker's fear on its own. The Immigration Judge must weigh the particular risk on remand. Matter of A-E-V-M-, 30 I&N Dec. 20 (BIA 2026). www.justice.gov/eoir/media/1...
justice.gov
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Michael D. Baker @mikebakerlaw.bsky.social · 05/09/2026
⚖️ BIA overrules Matter of G-Y-R- after 25 years. An address you gave immigration years ago now supports an in absentia removal order, warnings or not. Matter of Diji, 30 I&N Dec. 1 (BIA 2026). mikebakerlaw.com/blog/2026/09...
mikebakerlaw.com
Matter of Diji: The Board Killed a 25-Year Notice Rule It Didn't Need To - Law Offices of Michael D. Baker
The BIA overruled Matter of G-Y-R- in Matter of Diji. Mailed notice to an old address can now support an in absentia order, but the rule may not hold in the Seventh Circuit.
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Michael D. Baker @mikebakerlaw.bsky.social · 03/09/2026
⚖️ The BIA overruled Matter of G-Y-R-. DHS may serve a notice to appear by regular mail to the last address an immigrant gave, even one provided before the NTA was issued, and obtain an in absentia order. Matter of DIJI, 30 I&N Dec. 1 (BIA 2026). www.justice.gov/eoir/media/1...
justice.gov
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Michael D. Baker @mikebakerlaw.bsky.social · 02/09/2026
⚖️ BIA upholds a $3,000 immigration fine. The respondent won voluntary departure, then stayed. The statute needs no willful intent. Miss the deadline, owe the penalty. Appeal dismissed—matter of R-P-L-, 29 I&N Dec. 859 (BIA 2026). www.justice.gov/eoir/media/1...
justice.gov
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Michael D. Baker @mikebakerlaw.bsky.social · 02/09/2026
⚖️ BIA vacates an asylum grant. An Afghan feared the Taliban. The immigration judge found him credible and never addressed the inconsistencies. Clear error. The Board remands for new findings—matter of A-Q-R-K-, 29 I&N Dec. 865 (BIA 2026). www.justice.gov/eoir/media/1...
justice.gov
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Michael D. Baker @mikebakerlaw.bsky.social · 30/08/2026
He won his case. A judge ruled he couldn't be sent home; he'd be tortured. So ICE told him to get a passport for that exact country. Wait two years. No, next week. No, never mind. Third-country removal. Surreal and cruel. mikebakerlaw.com/blog/?p=6255...
mikebakerlaw.com
Protected From Deportation, Deported Anyway - Law Offices of Michael D. Baker
Withholding and CAT bar removal to one country, not removal itself. How third-country removal targets immigrants who already won protection, and what counsel can do.
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Michael D. Baker @mikebakerlaw.bsky.social · 26/08/2026
⚖ BIA: once removal is final, an immigration judge loses jurisdiction over custody. Only a DHS referral reopens it. A Congolese woman won CAT protection, detained a year, got bond. BIA vacated. Matter of W-F-D-, 29 I&N Dec. 854 (BIA 2026). www.justice.gov/eoir/media/1...
justice.gov
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Michael D. Baker @mikebakerlaw.bsky.social · 23/08/2026
⚖️ DHS killed the asylum interview. USCIS can now send an immigrant to Court on the paper alone—no question about what they fled. No one hears the story. Immigration Equality v. Mullin, filed Aug. 19. mikebakerlaw.com/blog/2026/08...
mikebakerlaw.com
USCIS Can Now Send Asylum Seekers to Immigration Court Without an Interview - Law Offices of Michael D. Baker
An interim DHS rule lets USCIS refer affirmative asylum cases to immigration court with no interview. What the rule does, who it reaches, and the lawsuit challenging it.
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Michael D. Baker @mikebakerlaw.bsky.social · 19/08/2026
⚖️ Green card alert. On September 18, 2026, USCIS starts counting SNAP, Medicaid, WIC, and housing aid against your adjustment of status. File the I-485 before that date, and the old narrow public charge rule governs your case. mikebakerlaw.com/blog/2026/08...
mikebakerlaw.com
The Public Charge Net Widens on September 18, 2026 - Law Offices of Michael D. Baker
On September 18, 2026, USCIS starts weighing nearly any benefit a green card applicant uses. What changed, who it reaches, the new bonds, and what to do before the date.
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Michael D. Baker @mikebakerlaw.bsky.social · 18/08/2026
⚖️ USCIS overhauls public charge. From September 18, 2026, officers weigh any means-tested benefit- Medicaid, SNAP, housing- against immigrants adjusting status. The 2022 rule is gone. INA 212(a)(4). www.uscis.gov/sites/defaul...
uscis.gov
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Michael D. Baker @mikebakerlaw.bsky.social · 18/08/2026
⚖️ BIA: one motion to reopen. A Jordanian filed four. Three denied. His fourth rode a third wife's I-130 and a recycled ineffective counsel claim. No equitable tolling of the immigration number bar. Matter of M-M-L-J-, 29 I&N Dec. 843 (BIA 2026). www.justice.gov/eoir/media/1...
justice.gov
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Michael D. Baker @mikebakerlaw.bsky.social · 16/08/2026
Ask why, and it turns cold. He isn't building for how the world remembers him. He's building what the world can't take back. Deplatform him, pull his name off a Manhattan tower, kill the Bronx golf lease, close the accounts — stone can't be debanked. One name, cut deep, that no one can strip away.
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Michael D. Baker @mikebakerlaw.bsky.social · 16/08/2026
The East Wing is rubble now. He wants an arch where it stood, and a ballroom. Seventy percent of his mind lives there, the Times says — not Iran, not the economy. The marble. www.nytimes.com/2026/07/31/o...
nytimes.com
Opinion | How Trump Has Changed, With Maggie Haberman (Gift Article)
The New York Times correspondent says 70 percent of the president’s mind is dedicated to White House renovations.
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Michael D. Baker @mikebakerlaw.bsky.social · 15/08/2026
New BIA precedent, and it lands on detained people first. Matter of A-K-R- says the only hard time you get to find a lawyer is the 10 days before your first hearing. INA § 239(b)(1). After that, more time runs on good cause. Move fast on counsel. mikebakerlaw.com/blog/2026/08...
mikebakerlaw.com
The Board Cuts the Right to Counsel Down to Ten Days - Law Offices of Michael D. Baker
In Matter of A-K-R-, the BIA makes the ten-day floor the only firm time to find counsel and withdraws Matter of C-B-. What it means for detained pro se clients.
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