July 04, 2022

Ep. 114 - Precedential Decisions from 6/27/2022 - 7/3/2022 (asylum; dual nationality; credibility - impeachment & plausibility; circuit venue; stays; expedited removal & theft offenses; NACARA; cancellation; changed country condition motion to reopen)

55 minutes

Zepeda-Lopez, et al. v. Garland, No. 19-145 (2d June 28, 2022)

asylum; dual citizenship; dual nationality; statutory interpretation; “any”; dictionary definitions; INA § 101(a)(42)(A); refugee; UN Refugee Convention; statutory scheme as a whole; Matter of B-R-; Honduras

Matter of E-F-N-, 28 I&N Dec. 591 (BIA 2022)

credibility; impeachment; filing deadlines; fundamental fairness; Federal Rules of Evidence; Cameroon; SCNC

Herrera-Alcala v. Garland, No. 20-1770 (4th Cir. June 30, 2022)

venue; forum; Immigration Adjudication Center; credibility; Cuba; credible fear interview; omissions; inherent plausibility; recovery without medical attention; visa from persecuting country

Antonio v. Garland, No. 22-0141 (6th Cir. June 29, 2022)

stay of removal; Nken; irreparable-harm; CAT deferral; drug trafficking; gangs; Dominican Republic

Barradas Jacome v. Att'y Gen. U.S., No. 20-2439 (3d Cir. June 30, 2022)

18 Pa. Cons. Stat. § 3925(a); expedited removal; due process; challenge removability; regulatory interpretation; exhaustion; administrative remedy; INA § 101(a)(43)(G); receipt of stolen property; mens rea

Antonio Hernandez v. Garland, No. 20-70158 (9th Cir. June 27, 2022)

NACARA; LPR cancellation of removal; INA § 240A(a); INA § 240A(c)(6); statutory interpretation; statutory scheme as a whole; Matter of Hernandez-Romero

Alberto Hernandez v. Garland, No. 21-70493 (9th Cir. June 28, 2022)

TPS; admission; admitted in any status; LPR cancellation of removal under INA § 240A(a); Sanchez v. Mayorkas; particularly serious crime; cumulative effect of convictions; Cal. Pen. Code § 273.5(A)

Sarkar v. Garland, No. 17-72212 (9th Cir. July 1, 2022)

circuit court administrative closure; discretion standard; ICE discretion not to remove; prosecutorial discretion memo; changed country condition motion to reopen; individualized risk; Bangladesh

Djie v. Garland, No. 20-60448 (5th Cir. June 29, 2022)

number bar to motions to reopen; changed country condition motion to reopen; regulatory interpretation; conflict between statute and regulation; 8 C.F.R. § 1003.2(c)(2); doctrine of expressio unius est exclusio alterius

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

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