Immigration Review

Ep. 162 - Precedential Decisions from 5/29/2023 - 6/4/2023 (antique firearms; realistic probability; receipt of stolen property; extortion in El Salvador; untimely PFR; voluntary departure; deficient NTA in absentia motion to reopen; misrep in NTA)


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Portillo v. DHS, No. 22-1383 (1st Cir. May 30, 2023)

  • firearms offense; INA § 237(a)(2)(C); defacing or receiving a firearm with a defaced serial number in violation of Mass. Gen. Law ch. 269, § 11C; realistic probability test; affirmative defense
 


Khan v. Garland, No. 21-60146 (5th Cir. May 30, 2023)

  • receipt of stole property; INA § 101(a)(43)(G); 18 Pa. Cons. Stat. § 3925(a); mens rea; use of the word alien
 


Granados Arias v. Garland, No. 22-2148 (7th Cir. May 31, 2023)

  • extortion; well-founded fear; nexus; nexus for withholding; harmless error; family living safely in country; Mara 18; El Salvador
 


Salgado v. Garland, No. 21-1864 (4th Cir. May 31, 2023)

  • untimely petition for review; final order of removal; finality of decision when matter is remanded for consideration of voluntary departure; 30 day jurisdictional requirement
 


Nivelo Cardenas v. Garland, No. 20-60778 (5th Cir. June 2, 2023)

  • deficient NTA; no-notice motion to reopen; in absentia; misspelled address; challenging presumption of regularity; rule of orderliness with deference to panel decisions; government misrepresentation in NTA




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Immigration Review® is a podcast made available for educational purposes only. It does not provide legal advice. Rather, it offers general information and insights from publicly available immigration cases. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the host. The podcast should not be used as a substitute for competent legal advice from a licensed attorney in

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

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