Immigration Review

Ep. 114 - Precedential Decisions from 6/27/2022 - 7/3/2022 (asylum; dual nationality; credibility - impeachment & plausibility; circuit venue; stays; expedited removal & theft offenses; NACARA; cancellation; changed country condition motion to reopen)

July 04, 2022
Immigration Review
Ep. 114 - Precedential Decisions from 6/27/2022 - 7/3/2022 (asylum; dual nationality; credibility - impeachment & plausibility; circuit venue; stays; expedited removal & theft offenses; NACARA; cancellation; changed country condition motion to reopen)
Show Notes Chapter Markers

Zepeda-Lopez, et al. v. Garland, No. 19-145 (2d June 28, 2022)

  • asylum; dual citizenship; dual nationality; statutory interpretation; “any”; dictionary definitions; INA § 101(a)(42)(A); refugee; UN Refugee Convention; statutory scheme as a whole; Matter of B-R-; Honduras

 

Matter of E-F-N-, 28 I&N Dec. 591 (BIA 2022)

  • credibility; impeachment; filing deadlines; fundamental fairness; Federal Rules of Evidence; Cameroon; SCNC

 

Herrera-Alcala v. Garland, No. 20-1770 (4th Cir. June 30, 2022)

  • venue; forum; Immigration Adjudication Center; credibility; Cuba; credible fear interview; omissions; inherent plausibility; recovery without medical attention; visa from persecuting country

 

Antonio v. Garland, No. 22-0141 (6th Cir. June 29, 2022)

  • stay of removal; Nken; irreparable-harm; CAT deferral; drug trafficking; gangs; Dominican Republic

 

Barradas Jacome v. Att'y Gen. U.S., No. 20-2439 (3d Cir. June 30, 2022)

  • 18 Pa. Cons. Stat. § 3925(a); expedited removal; due process;  challenge removability; regulatory interpretation; exhaustion; administrative remedy; INA § 101(a)(43)(G); receipt of stolen property; mens rea

 

Antonio Hernandez v. Garland, No. 20-70158 (9th Cir. June 27, 2022)

  • NACARA; LPR cancellation of removal; INA § 240A(a); INA § 240A(c)(6); statutory interpretation; statutory scheme as a whole; Matter of Hernandez-Romero

 

Alberto Hernandez v. Garland, No. 21-70493 (9th Cir. June 28, 2022)

  • TPS; admission; admitted in any status; LPR cancellation of removal under INA § 240A(a); Sanchez v. Mayorkas; particularly serious crime; cumulative effect of convictions; Cal. Pen. Code § 273.5(A)

 

Sarkar v. Garland, No. 17-72212 (9th Cir. July 1, 2022)

  • circuit court administrative closure; discretion standard; ICE discretion not to remove; prosecutorial discretion memo; changed country condition motion to reopen; individualized risk; Bangladesh 

 

Djie v. Garland, No. 20-60448 (5th Cir. June 29, 2022)

  • number bar to motions to reopen; changed country condition motion to reopen; regulatory interpretation; conflict between statute and regulation; 8 C.F.R. § 1003.2(c)(2); doctrine of expressio unius est exclusio alterius



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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.

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Support the show

Zepeda-Lopez, et al. v. Garland (2d June 28, 2022)
Matter of E-F-N- (BIA 2022)
Herrera-Alcala v. Garland (4th Cir. June 30, 2022)
Antonio v. Garland (6th Cir. June 29, 2022)
Barradas Jacome v. Att'y Gen. U.S. (3d Cir. June 30, 2022)
Antonio Hernandez v. Garland (9th Cir. June 27, 2022)
Alberto Hernandez v. Garland (9th Cir. June 28, 2022)
Sarkar v. Garland (9th Cir. July 1, 2022)
Djie v. Garland (5th Cir. June 29, 2022)