Immigration Review

Ep. 92 - Precedential Decisions from 1/24/2022 - 1/30/2022 (burdens; improper fact finding; adverse credibility; aggravated felony theft offense; motion to reopen; equitable tolling; law relating to a controlled substance; cocaine isomers; divisibility)

January 31, 2022
Immigration Review
Ep. 92 - Precedential Decisions from 1/24/2022 - 1/30/2022 (burdens; improper fact finding; adverse credibility; aggravated felony theft offense; motion to reopen; equitable tolling; law relating to a controlled substance; cocaine isomers; divisibility)
Show Notes Chapter Markers

[2:17] Osmani v. Garland, No. 20-3318 (7th Cir. Jan. 24, 2022)

  • jurisdiction; discretion; refugee waiver; INA 209(c); burdens; discretionary relief; motion to remand; impermissible fact finding

 

[8:30] Dai v. Garland, No. 21-1315 (7th Cir. Jan. 24, 2022)

  • adverse credibility; dates; inconsistencies; house church; Christianity; China

 

[12:18] Matter of Koat, 28 I&N Dec. 450 (BIA 2022)

  • aggravated felony theft offense; INA § 101(a)(43)(G); Iowa Code § 714.1; divisibility; Matter of Reyes; state legislative history; elements vs. means; disregarding state case law

 

[20:31] Urrutia Robles v. Garland, No. 20-1504 (8th Cir. Jan. 26, 2022)

  • motion to reopen; equitable tolling; cumulative evidence

 

[24:31] Chamu v. U.S. Att'y Gen., No. 19-13908 (11th Cir. Jan. 26, 2022)

  • law relating to a controlled substance; cocaine isomers; realistic probability test; Ramos; textual differences; mens rea and categorical approach





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MUSIC CREDITS: 
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Support the show
Osmani v. Garland (7th Cir. Jan. 24, 2022)
Dai v. Garland (7th Cir. Jan. 24, 2022)
Matter of Koat (BIA 2022)
Urrutia Robles v. Garland (8th Cir. Jan. 26, 2022)
Chamu v. U.S. Att'y Gen. (11th Cir. Jan. 26, 2022)