August 14, 2023

Ep. 172 - Precedential Decisions from 8/7/2023 - 8/13/2023 (motion to reopen - prima facie, ineffective assistance of counsel & changed country conditions; unable or unwilling; pardons; denaturalization; materiality; money laundering; CIMT)

1 hour 6 minutes

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Fonseca-Fonseca v. Garland, No. 20-71977 (9th Cir. Aug. 8, 2023)

prima facie standard; Coelho; L-O-G-; reasonable likelihood; motion to reopen

Garcia-Gonzalez v. Garland, No. 22-60501 (5th Cir. Aug. 7, 2023)

ineffective assistance of counsel motion to reopen; prima facie eligibility; prejudice; sua sponte reopening; family based particular social group
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Yoc Esteban v. Garland, No. 22-1778 (1st Cir. Aug. 7, 2023)

ineffective assistance of counsel motion to reopen; prima facie eligibility; prejudice; failure to specific particular social group

Vila-Castro v. Garland, No. 21-2011 (1st Cir. Aug. 8, 2023)

unable or unwilling; acquiesce; police inaction; American Popular Revolutionary Alliance (“APRA”); Peru

Reyes-Corado v. Garland, No. 18-70225 (9th Cir. Aug. 11, 2023)

changed country condition motion to reopen; reliance on affidavits; Guatemalan Civil War; family dispute; no need to file new asylum application

Wojciechowicz v. Garland, No. 22-1086 (7th Cir. Aug. 8, 2023)

Governor’s pardon; inadmissibility; statute vs. FAM; ICE ignoring stay; INA § 237(a)(2)(A)(vi)

USA v. Cheboss, No. 22-2617 (8th Cir. Aug. 11, 2023)

denaturalization; material misrepresentation; Maslenjak; materiality; INA § 101(f)(6); definition of testimony; false statement for someone else’s immigration benefit

USA v. Lopez, No. 21-12709 (11th Cir. Aug. 7, 2023)

categorical approach and conspiracy offenses; CIMT; denaturalization; conspiracy to commit money laundering; 18 U.S.C. § 1956(h); divisibility; overbroad Indictment; 18 U.S.C. § 1956(a)(1)(B); 18 U.S.C. § 1957; base vile or depraved even if deceit; Zarate

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

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