Immigration Review Ep. 159 - Precedential Decisions from 5/8/2023 - 5/14/2023 (Supreme Court Season!; exhaustion of remedies; crime of violence; visa waiver program & asylum only proceedings; fundamental change in circumstances; Lider Party in Guatemala)
Santos-Zacaria v. Garland, No. 21-1436 (U.S. May 11, 2023)
- exhaustion of administrative remedies; INA § 242(d)(1); jurisdiction; statutory scheme as a whole; Congressional language in the INA; claims processing rule; remedy of right
Banuelos-Jimenez v. Garland, No. 23-0097 (6th Cir. May 10, 2023)
- crime of violence; Borden; threatened use of force; apprehension of imminent physical injury; third-degree assault on a family or household member, Ark. Code Ann. § 5-26-309; state legislative intent
Ishmael v. Att'y Gen. U.S., No. 21-2563 (3d Cir. May 11, 2023)
- visa waiver program; reopened asylum only proceedings; terminating asylum status; entrance into the U.S. as an asylee
Mendez Esteban v. Garland, No. 22-1215 (1st Cir. May 11, 2023)
- DHS burden to establish fundamental change in circumstances; persuasiveness of State Department report; power of political party when not in power; local government; asylum; “generally free and fair”; family members living safely; Lider party; Guatemala
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