Immigration Review

Ep. 176 - Precedential Decisions from 9/4/2023 - 9/10/2023 (cocaine isomers; gay men as PSG; reporting harm to police; fears of gangs for CAT and asylum; voluntary departure & motions to reopen; prison guards as PSG; reasonable fear review)

September 11, 2023
Immigration Review
Ep. 176 - Precedential Decisions from 9/4/2023 - 9/10/2023 (cocaine isomers; gay men as PSG; reporting harm to police; fears of gangs for CAT and asylum; voluntary departure & motions to reopen; prison guards as PSG; reasonable fear review)
Show Notes Chapter Markers

USA v. Minter, No. 21-3102 (2d Cir. Sept. 6, 2023)

  • sale of cocaine; N.Y. Penal Law § 220.39; serious drug offense; definition of isomer; realistic probability test

 


Matter of C-G-T-, 28 I&N Dec. 740 (BIA 2023)

  • one-year deadline; gay men in the Dominican Republic; reasonableness of reporting harm to police; reporting harm as child; sexual identity as immutable; statement of persecutor and nexus 

 


Ponce-Flores v. Garland, No. 21-2377 (4th Cir. Sept. 6, 2023)

  • gang-based CAT deferral; aggregate torture; police corruption; acquiescence; former gang member; MS-13; harm in U.S. prison; Honduras

 


Velázquez v. Garland, No. 22-9576 (10th Cir. Sept. 8, 2023)

  • voluntary departure; deadline on a weekend; extending statutory deadline; motion to reopen; failure to depart

 


Martinez-De Umana v. Garland, No. 22-60340 (5th Cir. Sept. 8, 2023)

  • gang-based asylum fear; MS-13; Matter of Fuentes; fear because prison guard or police officer; Dr. Thomas Boerman; considering expert testimony; Ministry of Justice; El Salvador

 


Alonso-Juarez v. Garland, No. 15-72821 (9th Cir. Sept. 8, 2023)

  • reasonable fear review; Nasrallah; 30 day rule; claims processing rule; jurisdiction; Guzman Chavez; final order of removal; reinstatement; Bhaktibhai-Patel; Santos-Zacaria; Suspension Clause




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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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USA v. Minter (2d Cir. Sept. 6, 2023)
Matter of C-G-T- (BIA 2023)
Ponce-Flores v. Garland (4th Cir. Sept. 6, 2023)
Velázquez v. Garland (10th Cir. Sept. 8, 2023)
Martinez-De Umana v. Garland (5th Cir. Sept. 8, 2023)
Alonso-Juarez v. Garland (9th Cir. Sept. 8, 2023)