Ep. 129 - Precedential Decisions from 10/10/2022 - 10/16/2022 (en banc; deficient NTA; venue; stay of removal; adjustment of status; discretion; mens rea; aggravated felony theft offense; permissive inference by a jury; realistic probability test)

Singh v. Garland, No. 20-70050 (9th Cir. Oct. 12, 2022)

• en banc challenge; in absentia motion to reopen; deficient NTA; statutory interpretation; Rodriguez; Laparra

Sarr v. Garland, No. 20-3836 (2d Cir. Oct. 12, 2022)

• venue; jurisdiction; stay of removal; INA § 242(b)(2)

Moreno v. Garland, No. 21-1237 (1st Cir. Oct. 14, 2022)

• adjustment of status; INA § 245(a); discretion; motion to remand; new evidence; jurisdiction 

Baghdad v. Att'y Gen. U.S., No. 21-2094 (3d Cir. Oct. 11, 2022)

• mens rea; mental state; aggravated felony theft offense; retail theft under 18 Pa. Cons. Stat. § 3929(a)(1); permissive inference by a jury; 18 Pa. Cons. Stat. § 3929(c); use of the word “shall”; realistic probability test

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