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)

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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