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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Chapters

• 2:39 Portillo v. DHS (1st Cir. May 30, 2023)
• 13:01 Khan v. Garland (5th Cir. May 30, 2023)
• 18:53 Granados Arias v. Garland (7th Cir. May 31, 2023)
• 27:33 Salgado v. Garland (4th Cir. May 31, 2023)
• 33:40 Nivelo Cardenas v. Garland (5th Cir. June 2, 2023)