Ep. 91 - Precedential Decisions from 1/17/2022 - 1/23/2022 (aggravated felony theft offense; realistic probability test; divisibility; controlled substance offense; in absentia motion to reopen; recklessness; res judicata; CIMT; admission)

[1:48, 32:54] Ode to the Loaf



[2:08] Da Graca v. Garland, No. 20-1607 (1st Cir. Jan. 18, 2022)

• Rhode Island Gen. L. § 31-9-1; INA § 101(a)(43)(G); aggravated felony theft offense; joyriding; realistic probability test; state statutory framework as a whole

[9:27] Matter of Laguerre, 28 I&N Dec. 437 (BIA 2022)

• law relating to a controlled substance; INA § 237(a)(2)(B)(i); divisibility; N.J. Stat. § 2C:35-10(a)(1); elements vs. means; double jeopardy; Mathis peak; disregarding state case law 

[17:19] Matter of Laparra, 28 I&N Dec. 425 (BIA 2022)

• deficient NTA; in absentia motions to reopen; statutory interpretation; use of the word “the”; Niz-Chavez

[21:26] USA v. Gomez Gomez, No. 17-20526 (5th Cir. Jan. 18, 2022)

• aggravated assault in violation of Tex. Pen. Code § 22.01(a)(1); Borden; aggravated felony crime of violence; 18 U.S.C. § 16(a); recklessness

[23:01] Diaz Esparza v. Garland, No. 19-60699 (5th Cir. Jan. 17, 2022)

• CIMT; res judicata; recklessness; deadly conduct in violation of Tex. Pen. Code § 22.05(a); evading arrest with a motor vehicle in violation of Tex. Pen. Code § 38.04; admission and adjustment of status

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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.