January 30, 2023

Ep. 144 - Precedential Decisions from 1/23/2023 - 1/29/2023 (past persecution; failure to seek medical care; Guatemala - indigenous, lesbians, and witness cooperators; good moral character; sexual abuse of a minor; imputed particular social group)

44 minutes

Saban-Cach v. Att’y Gen. U.S., No. 21-2378 (3d Cir. Jan. 25, 2023)

past persecution; failure to seek medical care; physical injury; cumulative effect of harm; minors; Kaqchikel Mayan; reasonable relocation for indigenous individuals; threats; standards of review for withholding and CAT; police and gangs; Patel; Guatemala

Cruz‐Velasco v. Garland, No. 21-1642 (7th Cir. Jan. 24, 2023)

good moral character; Matter of Castillo-Perez; DUI; undisputed issues of fact; Patel; non-LPR cancellation of removal; ability to review refusal to reopen sua sponte

Debique v. Garland, No. 21-6208 (2d Cir. Jan. 27, 2023)

sexual abuse in the second degree under N.Y. Penal Law § 130.60(2); sexual abuse of a minor aggravated felony; INA § 101(a)(43)(A); Chevron deference; sexual contact; age of the victim; Esquivel Quintana

Lemus-Coronado v. Garland, No. 22-1015 (8th Cir. Jan. 23, 2023)

asylum; particular social groups; witnesses who cooperate with law enforcement; gangs; public testimony; Matter of H-L-S-A-; social distinction; formal legislation; Guatemala

Cristobal Antonio v. Garland, No. 21-70624 (9th Cir. Jan. 26, 2023)

past persecution; threats; near confrontation; near violence; no requirement for severe injury; subjective suffering; decision to flee to the U.S.; imputed particular social group; women in Guatemala perceived to be lesbian; absence of evidence; unable or unwilling to protect; imputed sexual orientation

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

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