Immigration Review Ep. 157 - Precedential Decisions from 4/24/2023 - 4/30/2023 (modified categorical approach; pleas colloquy; SIJS; visa fraud; 237(a)(1)(H) waivers; crime of domestic violence; torture; past persecution; derivative citizenship)
Matter of Cancinos-Mancio, 28 I&N Dec. 708 (BIA 2023)
- modified categorical approach; reviewable documents; plea colloquy; crime of violence; Ariz. Rev. State § 13-1204(A)(2)
Cortez-Amador v. Att'y Gen. U.S., No. 22-1249 (3d Cir. Apr. 25, 2023)
- Special Immigrant Juvenile Status; SIJS; INA § 245(h); admission or parole; Patel; jurisdiction; death threats; Guatemala
Reese v. Garland, No. 22-6011 (5th Cir. Apr. 24, 2023)
- visa fraud; 18 U.S.C. § 1546(a); INA § 237(a)(1)(H) waiver; INA § 237(a)(3)(B)(iii); due process; family unity
Caldera-Torres v. Garland, No. 22-2282 (7th Cir. Apr. 27, 2023)
- crime of domestic violence; INA § 237(a)(2)(E)(i); Wis. Stat. § 940.19(1); circumstance specific approach; Pereida; domestic abuse surcharge; burdens
Somers v. USA, No. 19-1484 (11th Cir. Apr. 25, 2023)
- Borden; crime of violence; recklessness; Fla. Stat. § 784.021; Fla. St. 784.011(1); violent force; Florida Supreme Court decisions
Kerr v. Garland, No. 21-2074 (4th Cir. Apr. 24, 2023)
- CAT; aggregate risk of torture; compounding effect of harms; LGBTQ; former gang members; Jamaica
Santos Garcia v. Garland, No. 22-1535 (1st Cir. Apr. 28, 2023)
- asylum; persecution; death threats; Lider Party; Guatemala
Sharma v. Garland, No. 22-1496 (1st Cir. Apr. 28, 2023)
- derivative citizenship; former INA § 321(a); objective manifestation; Zombie Precedent; Nwozuzu; Cheneau
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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