Ep. 115 - Precedential Decisions from 7/4/2022 - 7/10/2022 (adverse credibility; inconsistencies; deficient NTA; in absentia motion to reopen; CIMT & drug trafficking; reinstatement, INA § 212(a)(9)(C), and right to counsel; CAT & clear error)

Barseghyan v. Garland, No. 16-72849 (9th Cir. July 8, 2022)

• credibility; asylum; inconsistency; Alam; past persecution; totality of circumstances; opportunity to explain; plausibility; Armenia

Gudiel-Villatoro v. Garland, No. 20-61050 (5th Cir. July 8, 2022)

• deficient NTA; in absentia motion to reopen; Rodriguez; failure to update address; failure to provide address; Spagnol-Bastos

Daye v. U.S. Att'y Gen., No. 20-14340 (11th Cir. July 6, 2022)

• CIMT; drug trafficking; Va. Code Ann. § 18.2-248.01; Va. Code Ann. § 18.2-256; intent to distribute; conspiracy; mens rea; conspiracy; morally reprehensible 

Rivera Vega v. Garland, No. 19-71750 (9th Cir. July 8, 2022)

•  reinstatement with adjustment of status application pending before USCIS; INA § 212(a)(9)(C); IIRIRA; retroactivity; right to counsel; reasonable fear review

Brito v. Garland, No. 21-1278 (7th Cir. July 7, 2022)

• clear error review; standard of review; speculation; DHS appeal; temporary BIA members; 8 C.F.R. § 1003.1(a)(4); Familia Michoacan cartel; CAT; Mexico

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Chapters

• 2:26 Barseghyan v. Garland (9th Cir. July 8, 2022)
• 6:34 Gudiel-Villatoro v. Garland (5th Cir. July 8, 2022)
• 9:52 Daye v. U.S. Att'y Gen. (11th Cir. July 6, 2022)
• 15:41 Rivera Vega v. Garland (9th Cir. July 8, 2022)
• 26:13 Brito v. Garland (7th Cir. July 7, 2022)