Immigration Review Ep. 114 - Precedential Decisions from 6/27/2022 - 7/3/2022 (asylum; dual nationality; credibility - impeachment & plausibility; circuit venue; stays; expedited removal & theft offenses; NACARA; cancellation; changed country condition motion to reopen)
Zepeda-Lopez, et al. v. Garland, No. 19-145 (2d June 28, 2022)
- asylum; dual citizenship; dual nationality; statutory interpretation; “any”; dictionary definitions; INA § 101(a)(42)(A); refugee; UN Refugee Convention; statutory scheme as a whole; Matter of B-R-; Honduras
Matter of E-F-N-, 28 I&N Dec. 591 (BIA 2022)
- credibility; impeachment; filing deadlines; fundamental fairness; Federal Rules of Evidence; Cameroon; SCNC
Herrera-Alcala v. Garland, No. 20-1770 (4th Cir. June 30, 2022)
- venue; forum; Immigration Adjudication Center; credibility; Cuba; credible fear interview; omissions; inherent plausibility; recovery without medical attention; visa from persecuting country
Antonio v. Garland, No. 22-0141 (6th Cir. June 29, 2022)
- stay of removal; Nken; irreparable-harm; CAT deferral; drug trafficking; gangs; Dominican Republic
Barradas Jacome v. Att'y Gen. U.S., No. 20-2439 (3d Cir. June 30, 2022)
- 18 Pa. Cons. Stat. § 3925(a); expedited removal; due process; challenge removability; regulatory interpretation; exhaustion; administrative remedy; INA § 101(a)(43)(G); receipt of stolen property; mens rea
Antonio Hernandez v. Garland, No. 20-70158 (9th Cir. June 27, 2022)
- NACARA; LPR cancellation of removal; INA § 240A(a); INA § 240A(c)(6); statutory interpretation; statutory scheme as a whole; Matter of Hernandez-Romero
Alberto Hernandez v. Garland, No. 21-70493 (9th Cir. June 28, 2022)
- TPS; admission; admitted in any status; LPR cancellation of removal under INA § 240A(a); Sanchez v. Mayorkas; particularly serious crime; cumulative effect of convictions; Cal. Pen. Code § 273.5(A)
Sarkar v. Garland, No. 17-72212 (9th Cir. July 1, 2022)
- circuit court administrative closure; discretion standard; ICE discretion not to remove; prosecutorial discretion memo; changed country condition motion to reopen; individualized risk; Bangladesh
Djie v. Garland, No. 20-60448 (5th Cir. June 29, 2022)
- number bar to motions to reopen; changed country condition motion to reopen; regulatory interpretation; conflict between statute and regulation; 8 C.F.R. § 1003.2(c)(2); doctrine of expressio unius est exclusio alterius
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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.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0