Ep. 99 - Precedential Decisions from 3/14/2022 - 3/20/2022 (aggravated felony theft; larceny; CIMT; divisibility; dwelling; motion to reopen; mental competency; good moral character)

Matter of C. Morgan, 28 I&N Dec. 508 (BIA 2022)

• attempt to commit larceny, Conn. Gen. Stat. §§ 53a-124, 53a-49; INA § 101(a)(43)(U)aggravated felony; theft offense as defined at INA § 101(a)(43)(G); divisibility; means; fraud and theft; trickery; knowing consent; Reyes

Lauture v. U.S. Att’y Gen.,  No. 19-13165 (11th Cir. Mar. 17, 2022)

• CIMT; INA § 237(a)(2)(A)(i); burglary of an unoccupied dwelling; Fla. Stat. § 810.02(3)(b); divisibility; aggravated felony theft and crime of violence; Mathis peak; realistic probability test; occupied dwelling 

Cupete v. Garland, No. 20-3441 (2d Cir. Mar. 16, 2022)

• CIMT; impair government function; 18 U.S.C. § 1001; Matter of Pinzon; deficient NTA; jurisdiction 

Garcia v. Garland, No. 19-60793 (5th Cir. Mar. 14, 2022)

• changed country condition motion to reopen; deficient NTA; LGBT; HIV positive; Mexico

Hernandez Garmendia v. Att'y Gen. U.S., No. 203211 (3d Cir. Mar. 16, 2022)

• asylum; CAT; due process; exhaustion; mental competency; indicia of incompetency; Matter of M-A-M-; El Salvador

Hernandez v. Garland, No. 20-3575 (8th Cir. Mar. 18, 2022)

• good moral character; non-LPR cancellation of removal; sufficiency of BIA decision; alcohol  

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