Ep. 94 - Precedential Decisions from 2/7/2022 - 2/13/2022 (aggravated felony; adverse credibility; discretion; in absentia reopening; applicant for admission; CAT & relocation; deficient notice of referral; one year deadline; particularly serious crime)
Episode description
USA v. Rodriguez-Flores, No. 21-40277 (5th Cir. Feb. 11, 2022)
- sexual assault of an adult under Tex. Pen. Code § 22.011(a)(1), (b); aggravated felony crime of violence; means/elements; divisibility
Ixcuna-Garcia v. Garland, No. 17-1867 (1st Cir. Feb. 8, 2022)
- adverse credibility; corroborating evidence; notice and opportunity to explain; Ren; L-A-C-; one-year asylum deadline; Ladino men; Mayan women; Guatemala
Thomas v. Garland, No. 20-2144 (1st Cir. Feb. 8, 2022)
- adjustment of status; discretion; police reports; drug arrest; fundamental fairness
Hesso v. Garland, No. 20-3737 (8th Cir. Feb. 9, 2022)
- in absentia motion to reopen; sufficiency of evidence; presumption of delivery
Iredia v. Att’y Gen. U.S., No. 21-1379 (3d Cir. Feb. 11, 2022)
- arriving alien; advance parole; applicant for admission; INA § 212(a)(7)(A)(i)(I); TPS; Ortiz-Bouchet
Ruiz-Colmenares v. Garland, No. 20-72672 (9th Cir. Feb. 9, 2022)
- CAT deferral; fear of robbery and kidnapping; credibility; deficient Notice of Referral to IJ; Mexico
Tzompantzi-Salazar v. Garland, No. 20-71514 (9th Cir. Feb. 9, 2022)
- CAT protection; fear of robbery and kidnapping; credibility; deficient Notice of Referral; relocation; burdens; Mexico
Ojo v. Garland, No. 19-3237 (2d Cir. Feb. 9, 2022)
- asylum; one-year deadline; extraordinary vs. changed circumstances; discretion; particularly serious crime; crimes against persons; conspiracy to commit wire fraud and use identification documents unlawfully Dai; pro se exhaustion; expert report; criminal deportees; prison conditions; Nigeria
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