Ep. 164 - Precedential Decisions from 6/12/2023 - 6/18/2023 (identity theft; denial of freedom; failure to file NTA; temporary BIA members; good moral character; 212(h) waiver; egregious arrest; credibility; methamphetamine)

Dubin v. United States, No. 22-10 (U.S. June 12, 2023)

• identity theft; use; in relation to; statutory titles; “aggravated”; statutory interpretation; over-criminalization 

Odei v. Garland, No. 21-1315 (1st Cir. June 15, 2023)

• denial of freedom;  withholding of removal; nexus; taking land; Chieftain; Ghana

Alexandre-Matias v. Garland, No. 21-60798 (5th Cir. June 13, 2023)

• in absentia motion to reopen; due process; I-213; failure to file NTA; claims processing rule

Medina Carreon v. Garland, No. 21-60391 (5th Cir. June 15, 2023)

• temporary BIA member; ultra vires; 8 C.F.R. § 1003.1(a)(4); improper appointment of Acting Attorney General; cock fighting; good moral character; Castillo Perez

Medley v. Garland, No. 20-3079 (2d Cir. June 15, 2023)

• ICE arrest; egregious regulatory or constitutional violation; termination with prejudice where removability established

King v. Garland, No. 22-2166 (8th Cir. June 14, 2023)

• INA § 212(h) waiver; jurisdiction; reweighing evidence; Patel

Zongo v. Garland, No. 21-3847 (8th Cir. June 16, 2023)

• credibility; affidavit inconsistencies; Burkina Faso; exhaustion 

Rincon Barbosa v. Garland, No. 22-1655 (8th Cir. June 14, 2023)

• divisibility; modified categorical approach; jury instructions; Kan. Stat. Ann. § 21-5706(a); same punishment; Kansas definition of methamphetamine 

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

MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0 

Chapters

• 3:11 Dubin v. United States (U.S. June 12, 2023)
• 9:32 Odei v. Garland (1st Cir. June 15, 2023)
• 12:52 Alexandre-Matias v. Garland (5th Cir. June 13, 2023)
• 16:21 Medina Carreon v. Garland (5th Cir. June 15, 2023)
• 24:20 Medley v. Garland (2d Cir. June 15, 2023)
• 35:23 King v. Garland (8th Cir. June 14, 2023)
• 38:15 Zongo v. Garland (8th Cir. June 16, 2023)
• 41:30 Rincon Barbosa v. Garland (8th Cir. June 14, 2023)