Ep. 61 - Precedential Decisions from 6/21/2021 - 6/27/2021 (defective NTA; Special Immigrant Juvenile status; < 30 grams marijuana; circumstance specific approach; conviction; changed country condition motion to reopen; voluntary departure; particularity)
Episode description
[2:35] Avila de la Rosa v. Garland, No. 20-1956 (7th Cir. June 24, 2021)
- defective notice to appear; NTA; prejudice; claims processing rule; Pereira; Niz-Chavez; motion to terminate
[7:39] Matter of Moradel, 28 I&N Dec. 310 (BIA 2021)
- Special Immigrant Juvenile status; canon of statutory construction - rule of the last antecedent; statutory interpretation; N.J. Stat. § 2C:35-10(a)(4); simple possession; 30 grams or less of marijuana; circumstance specific approach
[14:55] Bogle v. Garland, No. 19-72290 (9th Cir. June 23, 2021)
- personal use exception under INA § 237(a)(2)(B)(i); conviction under INA § 101(a)(48); circumstances specific approach; police report; Pereida v. Wilkinson
[20:50] Kaur v. Garland, No. 18-72786 (9th Cir. June 21, 2021)
- changed country condition motion to reopen; change in circumstances; personal circumstances; family-based particular social group; persecution by members of group; retribution; personal vendetta; acquiescence; CAT; relocation; women; India
[27:30] Zamorano v. Garland, No. 19-72893 (9th Cir. June 25, 2021)
- prehearing voluntary departure under INA § 240B(a); due process; IJ duty to inquire - asylum; 8 C.F.R. § 1240.11; U-Visa
[32:31] Moreno-Osorio v. Garland, No. 20-1035 (4th Cir. June 23, 2021)
- asylum; withholding of removal; CAT; Mara 18; Honduras; particularity; unlawfully wounding in violation of Va. Code Ann. § 18.2-51; crime of violence; Bordon
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