Immigration Review Ep. 98 - Precedential Decisions from 3/7/2022 - 3/13/2022 (untimely BIA briefs; frivolous asylum finding; crime of domestic violence; aggravated felony - rape, money laundering; divisibility; I-130 petition & INA § 204(c))
Into + Wooden v. U.S., No. 20-5279 (U.S. Mar. 7, 2022)
- Armed Career Criminal Act (ACCA); different occasions; single scheme of criminal misconduct; INA § 237(a)(2)(A)(ii); CIMT
Oluwajana v. Garland, No. 21-1804 (7th Cir. Mar. 9, 2022)
- due process; motion to extend briefing deadline; motion to accept untimely brief; abuse of discretion; general remand by OIL; EOIR FOIA
Matter of M-M-A-, 28 I&N Dec. 494 (BIA 2022)
- frivolous asylum finding; sufficiency of IJ factual findings; regulations as a whole; regulatory interpretation; discretion
Valdez Amador v. Garland, No. 13-71406 (9th Cir. Mar. 9, 2022)
- INA § 237(a)(2)(E)(i) crime of domestic violence; corporal injury on a spouse or cohabitant; Cal. Pen. Code § 273.5(a); rape of an unconscious person; Cal. Pen. Code § 261(a)(4); divisibility; Mathis; INA § 101(a)(43)(A)
Fakhuri v. Garland, No. 19-60275 (5th Cir. Mar. 11, 2022)
- categorical approach; divisibility; elements; different criminal punishments; aggravated felony; attempt; money laundering; INA § 101(a)(43)(U); § 101(a)(43)(D); Tenn. Code § 39-14-101; Tenn. Code § 39-14-903
Iyawe v. Garland, et al., No. 20-3088 (8th Cir. Mar. 11, 2022)
- I-130 petition; INA § 204(c); APA; arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; deference to prior USCIS decision
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