Immigration Review

Ep. 170 - Precedential Decisions from 7/24/2023 - 7/30/2023 (credibility; omission; Constitutionality of BIA; exhaustion; § 209 adjustment; I-130 revocation; derivative citizenship; administrative closure)

July 31, 2023
Ep. 170 - Precedential Decisions from 7/24/2023 - 7/30/2023 (credibility; omission; Constitutionality of BIA; exhaustion; § 209 adjustment; I-130 revocation; derivative citizenship; administrative closure)
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Immigration Review
Ep. 170 - Precedential Decisions from 7/24/2023 - 7/30/2023 (credibility; omission; Constitutionality of BIA; exhaustion; § 209 adjustment; I-130 revocation; derivative citizenship; administrative closure)
Jul 31, 2023

Chen v. Garland, No. 19-715 (2d Cir. July 25, 2023) 

  • credibility; probative omission; trivial inconsistency; no requirement to list all persecution in asylum statement; supplemental rather than inconsistent; cultural context; totality of circumstances; de minimus inconsistency 

 


Amador Duenas v. Garland, No. 18-71987 (9th Cir. July 27, 2023) 

  • Constitutionality of BIA members; Appointments Clause; Principal Officers; Inferior Officers 

 


Diaz Mejia v. Garland, No. 21-2088 (7th Cir. July 27, 2023) 

  • failure to exhaust; waiver of argument 

 


Cela v. Garland, No. 22-1322 (4th Cir. July 28, 2023) 

  • INA § 209 adjustment of status; asylee vs. refugee; termination of asylum status; Chevron deference; Matter of T-C-A-; statutory interpretation 

 


Bouarfa v. DHS, No. 22-12429 (11th Cir. July 28, 2023) 

  • INA § 242(a)(2)(B)(ii); revocation of I-130 petition; INA § 204(c); discretion; jurisdiction 

 


Clement v. U.S. Att’y Gen., No. 21-13382 (11th Cir. July 28, 2023) 

  •  forfeiture of judicial review; derivate citizenship; Equal Protection; final order; motion to withdraw appeal; Ng Fung Ho; waiver of constitutional right 

 


Bekhbat v. Garland, No. 22-2379 (8th Cir. July 27, 2023) 

  • motion to reconsider; administrative closure; automatic termination of voluntary departure 




Sponsors and friends of the podcast!

Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.

Docketwise
"Modern immigration software & case management"

Joorney Business Plans
"Business-critical documents for every stage of your journey"
For 30% off use code: REVJOORNEY30  

Capital Good Fund
"A social change organization that uses financial services to tackle poverty in America."



CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview


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:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0 

Support the Show.

Show Notes Chapter Markers

Chen v. Garland, No. 19-715 (2d Cir. July 25, 2023) 

  • credibility; probative omission; trivial inconsistency; no requirement to list all persecution in asylum statement; supplemental rather than inconsistent; cultural context; totality of circumstances; de minimus inconsistency 

 


Amador Duenas v. Garland, No. 18-71987 (9th Cir. July 27, 2023) 

  • Constitutionality of BIA members; Appointments Clause; Principal Officers; Inferior Officers 

 


Diaz Mejia v. Garland, No. 21-2088 (7th Cir. July 27, 2023) 

  • failure to exhaust; waiver of argument 

 


Cela v. Garland, No. 22-1322 (4th Cir. July 28, 2023) 

  • INA § 209 adjustment of status; asylee vs. refugee; termination of asylum status; Chevron deference; Matter of T-C-A-; statutory interpretation 

 


Bouarfa v. DHS, No. 22-12429 (11th Cir. July 28, 2023) 

  • INA § 242(a)(2)(B)(ii); revocation of I-130 petition; INA § 204(c); discretion; jurisdiction 

 


Clement v. U.S. Att’y Gen., No. 21-13382 (11th Cir. July 28, 2023) 

  •  forfeiture of judicial review; derivate citizenship; Equal Protection; final order; motion to withdraw appeal; Ng Fung Ho; waiver of constitutional right 

 


Bekhbat v. Garland, No. 22-2379 (8th Cir. July 27, 2023) 

  • motion to reconsider; administrative closure; automatic termination of voluntary departure 




Sponsors and friends of the podcast!

Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.

Docketwise
"Modern immigration software & case management"

Joorney Business Plans
"Business-critical documents for every stage of your journey"
For 30% off use code: REVJOORNEY30  

Capital Good Fund
"A social change organization that uses financial services to tackle poverty in America."



CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview


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:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0 

Support the Show.

Chen v. Garland (2d Cir. July 25, 2023)
Amador Duenas v. Garland (9th Cir. July 27, 2023)
Diaz Mejia v. Garland (7th Cir. July 27, 2023)
Cela v. Garland (4th Cir. July 28, 2023)
Bouarfa v. DHS (11th Cir. July 28, 2023)
Clement v. U.S. Att’y Gen. (11th Cir. July 28, 2023)
Bekhbat v. Garland (8th Cir. July 27, 2023)