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))

March 14, 2022
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))
Show Notes Chapter Markers

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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DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide legal advice. Rather, it offers general information and insights from publicly available immigration cases. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the host. The podcast should not be used as a substitute for competent legal advice from a licensed attorney in your state.

MUSIC CREDITS:
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Support the show
Into + Wooden v. U.S. (U.S. Mar. 7, 2022)
Oluwajana v. Garland (7th Cir. Mar. 9, 2022)
Matter of M-M-A- (BIA 2022)
Valdez Amador v. Garland (9th Cir. Mar. 9, 2022)
Fakhuri v. Garland (5th Cir. Mar. 11, 2022)
Iyawe v. Garland, et al. (8th Cir. Mar. 11, 2022)