Ep. 217 - Precedential Decisions from 6/17/2024 - 6/23/2024 (fundamental right to live with spouse; lawful sanction; credibility; failure to consider therapist letter; no-notice reopening; reasonable fear review; deficient OSC & due process)

Jun 24, 2024

This podcast covers legal topics such as fundamental right to live with spouse, lawful sanctions, credibility assessments, failure to consider therapist letters, deficient OSC due process, no-notice reopenings, reasonable fear reviews, and deficient NTAs. It explores complex immigration cases and offers insights into jurisdictional issues, timely filing of petitions, and due process rights in deportation orders.

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Intro

00:00 • 14min

Legal Analysis of Immigration Cases: Credibility, Hardship, and Jurisdictional Issues

13:38 • 19min

Interpretation of the 30-day Rule in Immigration Law

33:06 • 11min

Cases of Gonzalez-Lara v. Garland and United States v. Rivera Valdez: A Legal Analysis

43:56 • 7min

Weekly Recap of Recent Immigration Cases and Podcast Information

50:51 • 2min

Department of State v. Munoz, No. 23-334 (U.S. June 21, 2024)

fundamental right to live with one’s spouse in the United States; due process; doctrine of consular nonreviewability

Matter of H-C-R-C-, 28 I&N Dec. 809 (BIA 2024)

lawful sanction cannot defeat the CAT; prison rape; credibility

Garcia Cortes v. Garland, No. 22-1930 (4th Cir. June 17, 2024)

non-LPR cancellation of removal; exceptional and extremely unusual hardship; Wilkinson; standard of review; mixed question of law and fact failure to consider therapist letter

Rosales-Mendez v. U.S. Att'y Gen., No. 22-13164 (11th Cir. June 20, 2024)

in absentia motion to reopen; deficient NTA; clerical error incorrect address; waiver of notice

Inestroza-Tosta v. Att'y Gen. U.S., No. 22-1667 (3d Cir. June 21, 2024)

reasonable fear review; Nasrallah; 30 day rule; claims processing rule; jurisdiction; Guzman Chavez; final order of removal; reinstatement; Santos-Zacaria; administrative closure; particular social group defined by harm; gang claims

Gonzalez-Lara v. Garland, No. 23-459 (9th Cir. June 17, 2024)

deficient NTA; Poso-Sanchez; post conclusion voluntary departure; intervening change in law; motion to remand and prima facie case; failure to apply before IJ; fear of gangs in El Salvador

United States v. Rivera-Valdes, No. 21-30177 (9th Cir. June 17, 2024)

in absentia deportation order; deficient Order to Show Cause; collateral attack; § 1326; notice of hearing; due process

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DISCLAIMER & CREDITS
See Eps. 1-200

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