Ep. 218 - Precedential Decisions from 6/24/2024 - 6/30/2024 (Chevron agency deference; discretionary determination review; nexus; Jehovah’s Witnesses; religion; aggravated felony: sexual abuse of a minor & relating to obstruction of justice; mens rea)
Legal expert Manzano discusses cases involving Jehovah's Witnesses, including nexus and religious persecution. Topics covered include agency deference, discretionary determinations, aggravated felonies, obstruction of justice, and mens rea in immigration law.
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insights INSIGHT
Chevron Deference Overruled
The Supreme Court's overruling of Chevron deference gives federal courts more power.
This impacts agency interpretations of statutes, including immigration law.
insights INSIGHT
Justice Jackson's Recusal
The Supreme Court decided a monumental question in a case Justice Jackson recused herself from.
This recusal was due to her prior involvement in the matter.
insights INSIGHT
BIA's Diminished Role
The BIA's role has been diminished, with their interpretations becoming advisory opinions.
The impact on non-citizens is uncertain and may vary by geography.
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Loper Bright Enterprises v. Raimondo, No. 22-451 (U.S. June 28, 2024)
deference to agencies; APA; Chevron; star decisis
Santiago Lopez v. Garland, No. 23-2081 (7th Cir. June 24, 2024)
non-LPR cancellation of removal; Wilkinson; discretionary determination; procedural vs. substantive challenge; timelines of deficient NTA challenge
Manzano v. Garland, No. 22-704 (9th Cir. June 25, 2024)
nexus; Jehovah’s Witnesses; religion; one central reason; extortion-plus; 18th Street Gang; El Salvador
Leon Perez v. Garland, No. 23-204 (9th Cir. June 28, 2024)
attempted lewdness with a child under the age of 14 in violation of Nev. Rev. Stat. §§ 193.330, 201.230(2); sexual abuse of a minor and attempt aggravated felony; Medina-Villa; Esquivel-Quintana; 18 Pa. Cons. Stat. Ann. § 2702(a) (third circuit)
Cordero-Garcia v. Garland, No. 19-72779 (9th Cir. June 27, 2024)
aggravated felony relating to obstruction of justice; INA § 101(a)(43)(S); Cal. Penal Code § 136.1(b)(1); Pugin; mens rea and related statutes; specific intent; relating to
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