Ep. 204 - Precedential Decisions from 3/18/2024 - 3/24/2024 (mixed question of law and fact; CIMT & child abuse; nexus & indigenous women; particular social group change on appeal; relocation in India; criminal-alien jurisdictional bar & Nasrallah)

Mar 25, 2024

The podcast delves into mixed questions of law and fact in immigration cases, child abuse and CIMT issues, nexus for indigenous Guatemalan women, changes to particular social group definitions, extortion motivations beyond money, past persecution standards in the Ninth Circuit, and jurisdictional issues in removal proceedings with a focus on Nasrallah implications.

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Introduction

00:00 • 5min

Navigating Legal Standards in Immigration Cases

04:55 • 28min

Immigration Law Receptionist Service and Real Estate Investment Sponsor Ads

32:34 • 2min

Streamlining Immigration Law Practice with Filevine and Immigration AI

34:28 • 2min

Legal Analysis of Past Persecution and Reasonable Relocation: Ninth Circuit Cases

36:12 • 18min

Analysis of Recent Jurisdictional Decision and Circuit Precedents in Immigration Cases

54:04 • 3min

Wilkinson v. Garland, No. 22-666 (U.S. Mar. 19, 2024)

jurisdiction; INA § 242(a)(2)(B) & (D); Guerro-Lasprilla; mixed question of law and fact; Patel

Gomez-Ruotolo v. Garland, No. 23-1238 (4th Cir. Mar. 20, 2024)

CIMT; categorical approach; electronic solicitation of a minor between seven and fourteen; VA Code § 18.2-374.3(c); attempted sexual battery on a child; VA Code Section 18.2-67.5(c); force; sexual battery by ruse; CAT protection from Venezuela

Sabastian-Andres v. Garland, No. 23-3606 (6th Cir. Mar. 20, 2024)

nexus; indigenous Guatemalan women; Mayan Akateko women

Ferreira v. Garland, No. 23-1543 (1st Cir. Mar. 21, 2024)

BIA change to particular social group; women; nexus; family; Trinidadian women who oppose Trinidad's social norms in that they do not want to be subjected to abuse or violent sexual abuse by family members or significant others based on their gender

Borjas Cruz v. Garland, No. 22-3035 (7th Cir. Mar. 21, 2024)

nexus; extortion; motivation beyond money; Honduras

Singh v. Garland, No. 22-211 (9th Cir. Mar. 22, 2024)

past persecution standard in the Ninth Circuit; no serious physical harm required; DHS’s relocation burden with Mann party claims and Punjab; India

Tapia Coria v. Garland, No. 22-970 (9th Cir. Mar. 19, 2024)

final order of removal; INA § 242(a)(2)(C); jurisdiction; on the merits review; Nasrallah; motion to remand; administrative closure; Nasrallah implicitly overruling prior precedent

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DISCLAIMER & CREDITS
See Eps. 1-200

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