Ep. 96 - Precedential Decisions from 2/21/2022 - 2/27/2022 (CIMT; false statement; § 209(b) adjustment of status; standards of review; termination & evidence of alienage; exceptional circumstances; frivolous asylum)

Zarate v. U.S. Att’y Gen., No. 20-11654 (11th Cir. Feb. 18, 2022)

• CIMT; falsely representing a social security number; 42 U.S.C. § 408(a)(7)(B); fraud or deceit; crimes against the government; least culpable conduct; false statement; intent to deceive; Pereida; burdens

Matter of T-C-A-, 28 I&N Dec. 472 (BIA 2022)

• INA § 209(b); asylee and refugee adjustment of status; “granted”; definition of “status”; statutory interpretation; particularly serious crime; financial crime; CAT; Albania 
  
  
  

Adeyanju v. Garland, No. 21-1045 (1st Cir. Feb. 24, 2022)

• factual vs. discretionary; BIA review; Arai; H-L-H- & Z-Y-Z-; reweighing evidence; I-751; visa fraud; police reports; clear error; dead fish

Lopez-Perez v. Garland, No. 21-1057 (1st Cir. Feb. 22, 2022)

• asylum; one year filing deadline; factual vs. legal challenge; wealthy merchants; Mam; Guatemala

B.R. v. Garland, No. 19-70386 (9th Cir. Feb. 23, 2022)

• termination; regulatory violations; due process; service of NTA on minor; egregious constitutional violation; evidence of alienage; CAT; drug cartels; Mexico

Gallegos v. Garland, No. 20-3036 (8th Cir. Feb. 22, 2022)

• in absentia motion to reopen; exceptional circumstances; depression; anxiety; exhaustion of impermissible fact finding

Khaytekov v. Garland, No. 19-3149 (6th Cir. Feb. 25, 2022)

•  frivolous asylum filing; warning; lodged not filed; statutory interpretation; definition of “under”

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