Immigration Review Ep. 147 - Precedential Decisions from 2/14/2023 - 2/20/2023 (unlawful presence bar; EB-1C; jurisdiction to review adjustment of status denial; cross-appeals; crime of violence - attempt, knowledge, and violent force; credibility, Cuba, and kidney stones)
Matter of Duarte-Gonzalez, 28 I&N Dec. 688 (BIA 2023)
- unlawful presence; 10-year bar; INA § 212(a)(9)(B)(i)(II); statutory construction; negative inference
Ren, et al. v. USCIS, No. 21-1661 (4th Cir. Feb. 14, 2023)
- EB-1C; executive or manager; evidentiary burden of proof; degree of managerial or executive tasks; daily responsibilities; Patel
Britkovyy v. Mayorkas, No. 21-3160 (7th Cir. Feb. 17, 2023)
- district court jurisdiction to review adjustment of status denial; APA; Patel; presumption of reviewability; legislative intent; statute over regulation
Lopez v. Garland, No. 20-71956 (9th Cir. Feb. 16, 2023)
- cross-appeals; waiver of appeal
USA v. Alvarez, No. 21-50088 (9th Cir. Feb. 16, 2023)
- crime of violence; categorical approach and attempt; felonious assault on a peace officer in violation of Ohio Rev. Code § 2903.13(A); Palomar-Santiago; fundamental fairness; § 1326; Valdivia Flores; Door; knowledge; de minimis contact; force capable of causing physical pain or injury; Castleman; Stokeling
Serra v. U.S. Att'y Gen., No. 21-10471 (11th Cir. Feb. 15, 2023)
- credibility; insignificant inconsistencies; asylum; credible fear interview transcript; timing of kidney stone; approximation; guessing; number of countries traveled through; persecution through prosecution; Cuba
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