Ep. 192 - Precedential Decisions from 12/26/2023 - 12/31/2023 (particular social group - circularity, distinction, criminal motives & nexus; Mendez Rojas class; sue sponte; crime of violence; abandonment, R-C-R- & good cause)

Espinoza-Ochoa v. Garland,  No. 21-1431 (1st Cir. Dec. 27, 2023)

• particular social group; social distinction; circularity; farmers; nexus; mixed motive; one central reason; retribution; criminal motives transforming into protected ground; revenge; gangs; Guatemala

Pascual-Miguel v. Garland, No. 20-2397 (8th Cir. Dec. 27, 2023)

• ineffective assistance of counsel; prejudice; nexus; Mendez Rojas Class Settlement; untimely asylum application 

Essel v. Garland, No. 22-2615 (8th Cir. Dec. 28, 2023)

• sua sponte motion to reopen; equitable tolling; 3-year residency requirement for naturalization; exhaustion

Rodriguez-Hernandez v. Garland, No. 21-456 (9th Cir. Dec. 27, 2023)

• crime of violence; harassment in violation of Wash. Rev. Code 9A.46.020(1); realistic possibility; other state crimes; divisibility; force against property; graffiti; CAT; Mexico

Alcarez-Rodriguez v. Garland, No. 21-411 (9th Cir. Dec. 28, 2023)

• motion to remand for new evidence; reasonably available evidence; denial of relief as abandoned; missed filing deadline; good cause standard; Matter of R-C-R-; transgender HIV positive; Mexico

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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

• 2:26 Espinoza-Ochoa v. Garland (1st Cir. Dec. 27, 2023)
• 12:31 Pascual-Miguel v. Garland (8th Cir. Dec. 27, 2023)
• 18:11 Essel v. Garland (8th Cir. Dec. 28, 2023)
• 25:22 Rodriguez-Hernandez v. Garland (9th Cir. Dec. 27, 2023)
• 34:34 Alcarez-Rodriguez v. Garland (9th Cir. Dec. 28, 2023)