June 20, 2022

Ep. 112 - Precedential Decisions from 6/13/2022 - 6/19/2022 (class action injunctions; detention; isomers; credibility; particularly serious crimes; claims processing rules; naturalization; Nicaragua; persecution; alien smuggling)

1 hour 6 minutes

Garland v. Gonzalez, et al., No. 20-322 (U.S. June 13, 2022)

INA § 242(f)(1); injunctions; class action; individual; statutory interpretation; detention

Johnson v. Arteaga-Martinez, No. 19-896 (U.S. June 13, 2022)

statutory interpretation; canon of constitutional avoidance; detention; withholding-only proceedings; reinstatement; Jennings

Aguirre-Zuniga v. Garland, No. 21-1201 (7th Cir. June 16, 2022)

methamphetamine; isomers; categorical approach; internal divisibility; Ind. Code § 35-48-4-1.1; realistic probability test; legislative silence

Cabrera-Ruiz v. Garland, No. 21-2085 (7th Cir. June 14, 2022)

CAT; acquiesce; fear of cartels; gang tattoo; credibility; Mexico

Reyes Pujols v. Garland, No. 21-1128 (1st Cir. June 14, 2022)

credibility; aggregate inconsistencies; demeanor; unconscious bias; trauma survivors; Dominican Republic

Matter of D-L-S-, 28 I&N Dec. 568 (BIA 2022)

particularly serious crime; final judgment; deferred adjudication; assault; Fla. Stat. § 784.041; conviction; canon on consistent usage

Holmes v. Garland, No. 21-2135 (8th Cir. June 17, 2022)

remand; pro se admissions & concessions; due process; fundamental fairness

Donnelly v. CARRP, No. 20-4243 (2d Cir. June 14, 2022)

INA § 310(c); jurisdiction; mandatory claims processing rule; exhaustion; naturalization; Ireland

Molina v. Garland, No. 19-73028 (9th Cir. June 13, 2022)

asylum; past persecution; threats; fleeing; terrorist accusations; cumulative harm for asylum; El Chipote; risk percentage; protesting; CAT; detention at airport; Nicaragua

Greenwood v. Garland, No. 17-72389 (9th Cir. June 16, 2022)

changed country condition motion to reopen; credibility; Matter of F-S-N-; identity; sua sponte; Jamaica

Marquez-Reyes v. Garland, No. 17-71367 (9th Cir. June 14, 2022)

alien smuggling; INA § 212(a)(6)(E)(i); encouraged; knowing; dictionaries; cannon of constitutional avoidance; First Amendment; pro-immigration political advocacy; Equal Protection; vagueness; administrative closure

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By Kevin A. Gregg, Esq. ([email protected])

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