Ep. 46 - Precedential Decisions from 3/8/2021 - 3/14/2021 (realistic probability-Fla. marijuana poss.; CIMT-conspiracy, assault, threats; particularly serious crime-mental health; persecution and PSGs; reopening-changed conditions/in absentia; stepchild)
Episode description
[2:13] Gonzalez v. Wilkinson, No. 19-3412 (8th Cir. Mar. 9, 2021)
- realistic probability test; cancellation of removal; Fla. Stat. § 893.13(6)(b); possession of marijuana; divisibility; Matter of Guadarrama
[7:29] Matter of Nemis, 28 I&N Dec. 250 (BIA 2021)
- conspiracy; fraud; CIMT; conspiracy to commit visa fraud in violation of 18 U.S.C. § 371 and 18 U.S.C. § 1546(a)
[15:33] Matter of Aguilar-Mendez, 28 I&N Dec. 262 (BIA 2021)
- CIMT; assault by means of force likely to produce great bodily injury in violation of Cal. Pen. Code § 245(a)(4); voluntary departure
[19:01] Birhanu v. Wilkinson, No. 19-9599 (10th Cir. Mar. 9, 2021)
- CIMT; recklessness; making threats of terrorism in violation of Utah Code Ann. § 76-5-107.3(1)(b)(ii); single scheme of criminal conduct; INA § 237(a)(2)(A)(ii); particularly serious crime; mental health; competency hearing
[25:20] Jama v. Wilkinson, No. 19-2250 (8th Cir. Mar. 11, 2021)
- particularly serious crime; Matter of G-G-S-; mental health; BIA fact finding; CAT deferral; Somalia
[30:11] Sanchez v. Garland, No. 16-73745 (9th Cir. Mar. 11, 2021)
- past persecution; threats; gangs; women; social distinction; El Salvador
[33:23] Lucaj v. Wilkinson, No. 20-1566 (1st Cir. Mar. 10, 2021)
- motion to reopen based on materially changed country conditions; deterioration of conditions; asylum; Albania
[36:03] Lopez v. Garland, No. 20-3762 (6th Cir. Mar. 12, 2021)
- in absentia motion to reopen; notice to appear (NTA) in native language
[37:55] Arguijo v. USCIS, No. 13-cv-05751 (7th Cir. Mar. 12, 2021)
- Violence Against Women Act; VAWA; stepchild; dictionary definition
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