September 18, 2023

Ep. 177 - Precedential Decisions from 9/11/2023 - 9/17/2023 (reasonable possibility standard; stop-time rule; parole; CIMT - NY retroactivity & receipt of stolen property; NJ Disorderly Conduct; Salvadoran business owners; voluntary departure)

57 minutes

Hermosillo v. Garland, No. 18-71220 (9th Cir. Sept. 14, 2023)

reasonable fear interview; reasonable possibility standard; 10%; credible testimony satisfies nexus and police acquiesce

Rudnitskyy v. Garland, No. 21-1098 (9th Cir. Sept. 14, 2023)

“rendered inadmissible”; INA § 240A(d)(1)(B); cancellation of removal; stop-time rule; Barton

Matter of Cabrera-Fernandez, 28 I&N Dec. 747 (BIA 2023)

humanitarian parole under INA § 212(d)(5)(A); conditional parole under INA § 236(a)(2)(B); Jennings; applicant for admission; Cuban Adjustment Act

Peguero Vasquez v. Garland, No. 21-6380 (2d Cir. Sept. 13, 2023)

possession of a forged instrument under N.Y. Pen. Law § 170.20; retroactivity; N.Y. Pen. Law. § 70.15(1-a); CIMT; one year term of imprisonment; vacatur of conviction (dicta)

Avila v. Att’y Gen. U.S., No. 22-1374 (3d Cir. Sept. 14, 2023)

N.J. Stat. § 2C:20-4(a); CIMT; Matter of S. Wong; definition of conviction under INA § 101(a)(48)(A); Chevron; Castillo; sexual violence asylum claims; Honduras; A-R-C-G-

Munoz-De Zalaya v. Garland, No. 22-60505 (5th Cir. Sept. 12, 2023)

Salvadoran business owners; nexus; particular social group; gangs; El Salvador; deficient NTA; Santos-Zacaria; exhaustion

Solis-Flores v. Garland, No. 22-1147 (4th Cir. Sept. 11, 2023)

receipt of stolen property CIMT; VA Code § 18.2-108; realistic probability test; post conclusion voluntary departure; 8 C.F.R. § 1240.26(c)(3)(i); timing to advise voluntary departure bond

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

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