Ep. 176 - Precedential Decisions from 9/4/2023 - 9/10/2023 (cocaine isomers; gay men as PSG; reporting harm to police; fears of gangs for CAT and asylum; voluntary departure & motions to reopen; prison guards as PSG; reasonable fear review)

USA v. Minter, No. 21-3102 (2d Cir. Sept. 6, 2023)

• sale of cocaine; N.Y. Penal Law § 220.39; serious drug offense; definition of isomer; realistic probability test

Matter of C-G-T-, 28 I&N Dec. 740 (BIA 2023)

• one-year deadline; gay men in the Dominican Republic; reasonableness of reporting harm to police; reporting harm as child; sexual identity as immutable; statement of persecutor and nexus 

Ponce-Flores v. Garland, No. 21-2377 (4th Cir. Sept. 6, 2023)

• gang-based CAT deferral; aggregate torture; police corruption; acquiescence; former gang member; MS-13; harm in U.S. prison; Honduras

Velázquez v. Garland, No. 22-9576 (10th Cir. Sept. 8, 2023)

• voluntary departure; deadline on a weekend; extending statutory deadline; motion to reopen; failure to depart

Martinez-De Umana v. Garland, No. 22-60340 (5th Cir. Sept. 8, 2023)

• gang-based asylum fear; MS-13; Matter of Fuentes; fear because prison guard or police officer; Dr. Thomas Boerman; considering expert testimony; Ministry of Justice; El Salvador

Alonso-Juarez v. Garland, No. 15-72821 (9th Cir. Sept. 8, 2023)

• reasonable fear review; Nasrallah; 30 day rule; claims processing rule; jurisdiction; Guzman Chavez; final order of removal; reinstatement; Bhaktibhai-Patel; Santos-Zacaria; Suspension Clause

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Chapters

• 2:39 USA v. Minter (2d Cir. Sept. 6, 2023)
• 10:55 Matter of C-G-T- (BIA 2023)
• 17:27 Ponce-Flores v. Garland (4th Cir. Sept. 6, 2023)
• 24:52 Velázquez v. Garland (10th Cir. Sept. 8, 2023)
• 32:48 Martinez-De Umana v. Garland (5th Cir. Sept. 8, 2023)
• 37:36 Alonso-Juarez v. Garland (9th Cir. Sept. 8, 2023)