July 10, 2023

Ep. 167 - Precedential Decisions from 7/3/2023 - 7/9/2023 (reasonable relocation; Pakistani Taliban; corroboration; Chinese Christian; unable or unwilling to protect; crime of violence; malice; deficient NTA in absentia motion to reopen)

48 minutes

Ullah v. Garland, No. 22-1026 (4th Cir. July 6, 2023)

reasonable relocation; for the rest of one’s life standard; remand for a grant of asylum; family members left behind; Pro-American imputed political opinion; DHS burden; Pakistani Taliban; Pakistan

Chen v. Garland, No. 21-1371 (4th Cir. July 6, 2023)

corroboration; reasonableness of obtaining evidence; Wambura; threshold determination; otherwise credible; L-A-C-; one-year asylum deadline; changed circumstances; failure to consider evidence; State Department Reports; House Church; Christian; China

Osorio-Morales v. Garland, No. 22-2909 (7th Cir. July 5, 2023)

unable or unwilling; family violence; failure to report to police; police investigation; systemic failure to protect; Honduras

Uriostegui-Teran v. Garland, No. 22-2472 (8th Cir. July 6, 2023)

particularity; social distinction; particular social group; family group; ranchers; Mexico; willful blindness

Circuit Housekeeping

Ninth (Mendoza Linares v. Garland) and Eleventh Circuits

United States v. Lung’aho, No. 22-3168 (8th Cir. July 6, 2023) and Janis v. United States, No. 22-2471 (8th Cir. July 6, 2023)

crime of violence; arson; maliciously; malice; more than recklessness; post-Borden; mens rea; murder; malice aforethought; extreme recklessness

Madrid-Mancia v. Att'y Gen. U.S., No. 21-2291 (3d Cir. July 3, 2023)

deficient NTA in absentia motion to reopen; § 239(a); use of the word or; follow up notice of hearing; statutory interpretation; statute as a whole; failure to update address

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

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