Immigration Review

Ep. 162 - Precedential Decisions from 5/29/2023 - 6/4/2023 (antique firearms; realistic probability; receipt of stolen property; extortion in El Salvador; untimely PFR; voluntary departure; deficient NTA in absentia motion to reopen; misrep in NTA)

Portillo v. DHS, No. 22-1383 (1st Cir. May 30, 2023)

  • firearms offense; INA § 237(a)(2)(C); defacing or receiving a firearm with a defaced serial number in violation of Mass. Gen. Law ch. 269, § 11C; realistic probability test; affirmative defense
 


Khan v. Garland, No. 21-60146 (5th Cir. May 30, 2023)

  • receipt of stole property; INA § 101(a)(43)(G); 18 Pa. Cons. Stat. § 3925(a); mens rea; use of the word alien
 


Granados Arias v. Garland, No. 22-2148 (7th Cir. May 31, 2023)

  • extortion; well-founded fear; nexus; nexus for withholding; harmless error; family living safely in country; Mara 18; El Salvador
 


Salgado v. Garland, No. 21-1864 (4th Cir. May 31, 2023)

  • untimely petition for review; final order of removal; finality of decision when matter is remanded for consideration of voluntary departure; 30 day jurisdictional requirement
 


Nivelo Cardenas v. Garland, No. 20-60778 (5th Cir. June 2, 2023)

  • deficient NTA; no-notice motion to reopen; in absentia; misspelled address; challenging presumption of regularity; rule of orderliness with deference to panel decisions; government misrepresentation in NTA




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