Ep. 40 - Precedential Decisions from 1/25/2021 - 1/31/2021 (particular social group; particularity; former gang members; past persecution - attempted rape; voluntary departure; stop-time rule; CIMT; continuance, U-Visa, and motion to reopen) - podcast episode cover

Ep. 40 - Precedential Decisions from 1/25/2021 - 1/31/2021 (particular social group; particularity; former gang members; past persecution - attempted rape; voluntary departure; stop-time rule; CIMT; continuance, U-Visa, and motion to reopen)

Feb 01, 202137 min
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Episode description

[2:26] Amaya v. Rosen, No. 19-1619 (4th Cir. Jan. 25, 2021)

  • asylum; particular social group; particularity; former gang members; MS-13; El Salvador 



[8:36] Kaur v. Wilkinson, No. 18-73001 (9th Cir. Jan. 29, 2021)

  •  past persecution; attempted gang rape; sexual violence; nexus to government actor even when political party not in power; India; Mann Party

 

[14:14] Matter of H-L-S-A-, 28 I&N Dec. 228 (BIA 2021)

  • asylum; particular social group; social distinction; gangs; criminal witnesses; public testimony; MS-13; persecution in the United States 



[20:11] Matter of Viera-Garcia and Ordonez-Viera, 28 I&N Dec. 223 (BIA 2021)

  • NTA; Pereira v. Sessions; voluntary departure; INA § 240B(b); stop-time rule

 

[24:39] Munoz-Rivera v. Wilkinson, No. 19-60376 (5th Cir. Jan. 27, 2021)

  • crime involving moral turpitude (CIMT); deception; use of an unauthorized social security number in violation of 42 U.S.C. § 408(a)(7)(B)


[29:24] Granados Benitez v. Wilkinson, No. 20-1541 (1st Cir. Jan. 28, 2021)

  •  motion to reopen; changed circumstances; additional evidence; continuances; Matter of L-A-B-R-; U-Visa




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