Ep. 196 - Precedential Decisions from 1/22/2024 - 1/28/2024 (imminent death threats alone & persecution/torture; mixed motive, family group & nexus; unable or unwilling; BIA reweighing evidence; applicant for admission; derivative citizenship & standing)

Pineda-Maldonado v. Garland, No. 20-1912 (1st Cir. Jan. 24, 2024)

• past torture; past persecution; death threats alone; imminent threats; mixed motive; animus; family membership; cattle thieves; nexus standard for withholding; El Salvador

Owusu v. Garland, No. 24-0016 (6th Cir. Jan. 24, 2024)

• police unable or unwilling to protect; failure to report; New Patriot Party; NPP; National Democrat Congress; NDC, Ghana

Mencia-Medina v. Garland, No. 20-1724 (8th Cir. Jan. 23, 2024)

•  special rule cancellation of removal under INA § 240A(b)(2); VAWA cancellation; abuse as a discretionary factor; BIA reweighing evidence; exhaustion 

United States v. Gambino-Ruiz, No. 21-50303 (9th Cir. Jan. 24, 2024)

• applicant for admission; INA § 212(a)(7)(A)(i)(I); Torres v. Barr; collateral attack of removal order; 8 U.S.C. § 1326;  United States v. Palomar-Santiago; arriving alien

Lodge v. U.S. Att'y Gen., No. 22-10416 (11th Cir. Jan. 26, 2024)

• former INA § 321(a); derivative citizenship; equal protection; race discrimination; third party standing

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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

• 3:11 Pineda-Maldonado v. Garland (1st Cir. Jan. 24, 2024)
• 13:38 Owusu v. Garland (6th Cir. Jan. 24, 2024)
• 17:49 Mencia-Medina v. Garland (8th Cir. Jan. 23, 2024)
• 24:48 United States v. Gambino-Ruiz (9th Cir. Jan. 24, 2024)
• 36:26 Lodge v. U.S. Att'y Gen. (11th Cir. Jan. 26, 2024)