July 31, 2023

Ep. 170 - Precedential Decisions from 7/24/2023 - 7/30/2023 (credibility; omission; Constitutionality of BIA; exhaustion; § 209 adjustment; I-130 revocation; derivative citizenship; administrative closure)

48 minutes

Chen v. Garland, No. 19-715 (2d Cir. July 25, 2023)

credibility; probative omission; trivial inconsistency; no requirement to list all persecution in asylum statement; supplemental rather than inconsistent; cultural context; totality of circumstances; de minimus inconsistency

Amador Duenas v. Garland, No. 18-71987 (9th Cir. July 27, 2023)

Constitutionality of BIA members; Appointments Clause; Principal Officers; Inferior Officers

Diaz Mejia v. Garland, No. 21-2088 (7th Cir. July 27, 2023)

failure to exhaust; waiver of argument

Cela v. Garland, No. 22-1322 (4th Cir. July 28, 2023)

INA § 209 adjustment of status; asylee vs. refugee; termination of asylum status; Chevron deference; Matter of T-C-A-; statutory interpretation

Bouarfa v. DHS, No. 22-12429 (11th Cir. July 28, 2023)

INA § 242(a)(2)(B)(ii); revocation of I-130 petition; INA § 204(c); discretion; jurisdiction

Clement v. U.S. Att’y Gen., No. 21-13382 (11th Cir. July 28, 2023)

forfeiture of judicial review; derivate citizenship; Equal Protection; final order; motion to withdraw appeal; Ng Fung Ho; waiver of constitutional right

Bekhbat v. Garland, No. 22-2379 (8th Cir. July 27, 2023)

motion to reconsider; administrative closure; automatic termination of voluntary departure

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

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