Immigration Review Ep. 153 - Precedential Decisions from 3/27/2023 - 4/2/2023 (EAJA fees; administrative closure; crime of violence; loss over $10,000; conspiracy; restitution; rental car agreements; mental state; accomplice liability in Washington State)
Nkenglefac v. Garland, No. 19-60647 (5th Cir. Mar. 28, 2023)
- Equal Access to Justice Act (EAJA); substantially justified; evidence not in record; adverse credibility; paralegal fees
Garcia v. Garland, No. 20-1641 (2d Cir. Mar. 31, 2023)
- administrative closure; deference to the Attorney General; Castro-Tum; Cruz Valdez; regulatory interpretation; ambiguity; retroactive effect
United States v. Williams, No. 20-7131 (4th Cir. Mar. 27, 2023)
- crime of violence; sodomy-threat theory; Va. Code § 18.2-58; deference to state supreme court; U.S. v. Eldridge (CA2); kidnapping in violation of N.Y. Pen. Law § 135.20; USA v. Huerta-Rodriguez (CA5); INA § 101(a)(43)(O)
Khalulyan v. Garland, No. 21-70909 (9th Cir. Mar. 30, 2023)
- INA § 101(a)(43)(M)(i); § 101(a)(43)(U); loss over $10,000; sentence enhancement consideration; 18 U.S.C. § 1029(b)(2); credit card skimming; circumstance specific; conspiracy; potential loss; restitution
Al-Adily v. Garland, No. 22-3432 (6th Cir. Mar. 30, 2023)
- Mich. Comp. Laws § 750.362a(3)(a); INA § 101(a)(43)(M)(i); loss over $10,000; restitution in Michigan ; circumstance specific; clear and convincing evidence; rental car agreement; punishment
Alfred v. Garland, No. 19-72903 (9th Cir. Mar. 30, 2023) (en banc)
- U.S. v. Valdivia Flores; INA § 101(a)(43)(G); categorical approach; federal generic accomplice liability; robbery in violation of Wash. Rev. Code § 9A.56.190; state survey; Duenas-Alvarez; example of indivisible mens rea
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Immigration Review® is a podcast made available for educational purposes only. It does not provide legal advice. Rather, it offers general information and insights from publicly available immigration cases. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the host. The podcast should not be used as a substitute for competent legal advice from a licensed attorney in your state.
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