Ep. 189 - Precedential Decisions from 12/4/2023 - 12/10/2023 (final order of removal & withholding; nexus: religion, domestic violence & witches; reasonable relocation; drug offenses; aggravated felony: sexual abuse of a minor & crime of violence)

Argueta-Hernandez v. Garland, No. 22-60307 (5th Cir. Dec. 5, 2023)

• untimely petition for review; withholding; final order; Bhaktibhai-Patel; Nasrallah; panel rehearing; claims processing rule; Santos-Zacaria; death threats alone; one central reason; a reason; nexus; government says leave country; willful blindness; MS-13; El Salvador; Villarreal

Singh Bhagtana v. Garland, No. 20-1673 (2d Cir. Dec. 5, 2023)

•  reasonable relocation; DHS burden; Bharatiya Janata Party (“BJP”); Shiromani Akali Dal Amritsar (“Mann”) Party; India

United States v. Chaires, No. 20-4162 (2d Cir. Dec. 7, 2023)

• Minter; N.Y. Penal Law § 220.39(1); cocaine isomer; controlled substance offense; failure to argue below; categorical approach

Aguilar-Sanchez v. Garland, No. 22-3598 (8th Cir. Dec. 4, 2023)

• sexual abuse of a minor aggravated felony: conduct and mens rea; Esquivel-Quintana; Minn. Stat. § 609.324, subd. 1(b)(3); Matter of Rodriguez-Rodriguez

Mwendapeke v. Garland, No. 22-2383 (7th Cir. Dec. 7, 2023)

• complicity to robbery in the first degree in violation of KY. Rev. Stat. §§ 502.020 & 515.020, 515.020; generic definition of aiding and abetting; act through omission; verbal aiding and abetting; violent force; Taylor

Sebastian-Sebastian v. Garland, No. 23-0267 (6th Cir. Dec. 8, 2023)

• nexus; inextricably intertwined; mixed motive; Chuj women unable to leave; witches; humanitarian asylum; Guatemala 

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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.

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Chapters

• 2:53 Argueta-Hernandez v. Garland (5th Cir. Dec. 5, 2023)
• 17:25 Singh Bhagtana v. Garland (2d Cir. Dec. 5, 2023)
• 20:46 United States v. Chaires (2d Cir. Dec. 7, 2023)
• 26:51 Aguilar-Sanchez v. Garland (8th Cir. Dec. 4, 2023)
• 33:05 Mwendapeke v. Garland (7th Cir. Dec. 7, 2023)
• 41:03 Sebastian-Sebastian v. Garland (6th Cir. Dec. 8, 2023)