Immigration Review

Ep. 197 - Precedential Decisions from 1/29/2024 - 2/4/2024 (deficient NTA; Form I-261; persecution because of debts; motion to reopen & mental health; mixed adverse credibility finding; clearly and beyond doubt admissible & false claim to citizenship)

February 05, 2024
Immigration Review
Ep. 197 - Precedential Decisions from 1/29/2024 - 2/4/2024 (deficient NTA; Form I-261; persecution because of debts; motion to reopen & mental health; mixed adverse credibility finding; clearly and beyond doubt admissible & false claim to citizenship)
Show Notes Chapter Markers

Matter of Aguilar Hernandez, 28 I&N Dec. 774 (BIA 2024)

  • deficient NTA; Form I-261; interlocutory appeal; termination; regulatory interpretation; factual and legal allegations in an NTA; Niz-Chavez dicta

 


Gaspar-Felipe v. Garland, No. 22-3372 (8th Cir. Jan. 30, 2024)

  • indigenous asylum claim; persecution because of debts; family remaining in country of fear; Guatemala 

 


Davis v. Garland, No. 22-3262 (8th Cir. Feb. 1, 2024)

  • motion to reopen; asylum waiver; mental health; mental competency; new and previously unavailable evidence 

 


Lopez-Benitez v. Garland, No. 22-1808 (4th Cir. Jan. 30, 2024)

  • nexus; incidental or tangential; MS-13 extortion as persecution; exhaustion post-Santos-Zacaria; El Salvador

 


Ayala-Osegueda v. Garland, No. 22-1707 (4th Cir. Feb. 1, 2024)

  • mixed adverse credibility finding; express credibility; family based particular social group; nexus; persuasiveness; asylum despite adverse credibility; extortion; MS-13; El Salvador

 


Nivar Santana v. Garland, No. 22-2114 (4th Cir. Feb. 2, 2024)

  • clearly and beyond doubt admissible; adjustment of status; false claim to citizenship; definition of “assimilation”; military service; evidentiary admission and fundamental fairness 




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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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Matter of Aguilar Hernandez (BIA 2024)
Gaspar-Felipe v. Garland (8th Cir. Jan. 30, 2024)
Davis v. Garland (8th Cir. Feb. 1, 2024)
Lopez-Benitez v. Garland (4th Cir. Jan. 30, 2024)
Ayala-Osegueda v. Garland (4th Cir. Feb. 1, 2024)
Nivar Santana v. Garland (4th Cir. Feb. 2, 2024)