Immigration Review Ep. 87 - Precedential Decisions from 12/20/2021 - 12/26/2021 (political persecution in Congo; VAWA motion to reopen; criminal bars to cancellation; habeas, in custody, and deportation; due process; CIMT and marijuana)
[2:13] Nsimba v. Att’y Gen. U.S., No. 20-3565 (3d Cir. Dec. 22, 2021)
- pattern or practice of persecution; well-founded fear; similarly situated family members; Union for Democracy and Social Progress; summons vs. arrest warrant; corruption & persecution; difficulty obtaining evidence; physical harm not required; reasonable relocation; Congo
[9:13] Yasin v. Att'y Gen. U.S., No. 20-2509 (3d Cir. Dec. 20, 2021)
- VAWA motion to reopen; INA § 240(c)(7)(C)(iv)(III); discretion; INA § 242(a)(2)(B)(ii)
[14:03] Ramirez-Medina v. Garland, No. 16-73325 (9th Cir. Dec. 22, 2021)
- non-LPR cancellation of removal; INA § 240A(b)(1)(C); multiple offenses; statutory interpretation; use of the singular; Dictionary Act; Pereida
[17:49] Argueta Romero v. DHS, No. 20-12487 (11th Cir. Dec. 20, 2021)
- jurisdiction; “in custody”; habeas; INA § 242(a)(5); INA § 101(g); self-removal; statutory interpretation & lenity; Chevron deference; 8 U.S.C. § 1326; definition of deportation
[29:39] Rodriguez-Jimenez v. Garland, No. 21-70064 (9th Cir. Dec. 21, 2021)
- due process; remand; prejudice; reviewing BIA decisions
[33:08] Walcott v. Garland, No. 18-70393 (9th Cir. Dec. 22, 2021)
- CIMT; small amount of marijuana; least culpable conduct; drug trafficking; evolving definition of CIMT; societal norms; deference to CIMT definition; divisibility
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MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.