Immigration Review

Ep. 69 - Precedential Decisions from 8/16/2021 - 8/22/2021 (categorical approach; jurisdiction; expedited removal; due process; false claim; credibility; serious nonpolitical crime bar; particular social group)

August 23, 2021
Immigration Review
Ep. 69 - Precedential Decisions from 8/16/2021 - 8/22/2021 (categorical approach; jurisdiction; expedited removal; due process; false claim; credibility; serious nonpolitical crime bar; particular social group)
Show Notes Chapter Markers

[2:16] Germain v. U.S. Att’y General, No. 20-11419 (11th Cir. Aug. 18, 2021)

  • aggravated felony; INA § 101(a)(43)(P); relating to document fraud; 18 U.S.C. § 1546(a); cancellation of removal;

[9:22] Lopez-Marroquin v. Garland, No. 18-72922 (9th Cir. Aug. 18, 2021)

  • Cal. Veh. Code § 10851(a); categorical approach; divisibility; aggravated felony; 8 U.S.C. § 1101(a)(43)(G); Duenas-Alvarez v. Holder; Mathis v. United States

[16:59] Guerrier v. Garland, No. 20-70115 (9th Cir. Aug. 16, 2021) 

  • jurisdiction; credible fear determination; expedited removal; colorable constitutional claim; due process; DHS v. Thuraissigiam

[24:16] Flores-Rodriguez v. Garland, No. 19-70177 (9th Cir. Aug. 16, 2021)

  • False claim to U.S. citizenship; INA § 212(a)(6)(C)(ii); adjustment of status; due process; prejudice

[31:41] Dai v. Garland, No. 15-70776 (9th Cir. Aug. 20, 2021)

  • Garland v. Dai; adverse credibility; presumption of credibility; deemed credible; persuasiveness

[34:15] Liang v. Garland, No. 18-2257 (2d Cir. Aug. 19, 2021)

  • Asylum; withholding of removal; Convention Against Torture; credibility; factual omission; factual inconsistency; substantial evidence

[42:18] Sharma v. Garland, No. 20-70238 (9th Cir. Aug. 17, 2021)

  • Asylum; withholding of removal; reasonable fear of persecution; Convention Against Torture; voluntary departure; jurisdiction

[46:29] Villalobos Sura v. Garland, No. 20-71839 (9th Cir. Aug. 17, 2021)

  • Withholding of removal; serious nonpolitical crime bar; probable cause; INTERPOL Red Notice; Convention Against Torture; government acquiescence; El Salvador

[53:09] Plancarte Sauceda v. Garland, No. 19-73312 (9th Cir. Aug. 20, 2021) 

  • particular social group; immutable characteristic; asylum; withholding of removal; Convention Against Torture; government acquiescence; venue

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DISCLAIMER: 
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. 

MUSIC CREDITS: 
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.

Support the show

Germain v. U.S. Att’y General, No. 20-11419 (11th Cir. Aug. 18, 2021)
Lopez-Marroquin v. Garland, No. 18-72922 (9th Cir. Aug. 18, 2021)
Guerrier v. Garland, No. 20-70115 (9th Cir. Aug. 16, 2021)
Flores-Rodriguez v. Garland, No. 19-70177 (9th Cir. Aug. 16, 2021)
Dai v. Garland, No. 15-70776 (9th Cir. Aug. 20, 2021)
Liang v. Garland, No. 18-2257 (2d Cir. Aug. 19, 2021)
Sharma v. Garland, No. 20-70238 (9th Cir. Aug. 17, 2021)
Villalobos Sura v. Garland, No. 20-71839 (9th Cir. Aug. 17, 2021)
Plancarte Sauceda v. Garland, No. 19-73312 (9th Cir. Aug. 20, 2021)