Immigration Review

Ep. 224 - Precedential Decisions from 8/5/2024 - 8/11/2024 (denaturalization & estoppel; mental health & asylum; hardship review; attorney unpreparedness & continuances; particularly serious crimes; domestic violence & asylum; credibility)

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Intro + Nakka, et al. v. USCIS (CA9) and United States v. Valdivias-Soto (CA9)

  • Indian derivative visas and CSPA; translation errors in removal proceedings and right to counsel

 


United States v. Munoz, No. 22-11574 (11th Cir. Aug. 7, 2024)

  • denaturalization; clearly erroneous; collateral estoppel; judicial estoppel; date of conspiracy and other criminal indictments; necessary for conviction

 


Joshi v. Garland, No. 23-1236 (4th Cir. Aug. 8, 2024)

  • involuntary mental health confinement as persecution; prosecution as persecution; parens patriae; electroconvulsive therapy

 


Garcia Cortes v. Garland, No. 22-1930 (4th Cir. Aug. 7, 2024)

  • exceptional and extremely unusual hardship; Wilkinson; review of whether IJ considered all evidence; rejecting expert therapist opinion and predictive findings

 


Bustos-Millan v. Garland, No. 21-2889 (7th Cir. Aug. 6, 2024)

  • attorney unpreparedness; ineffective assistance of counsel; continuance; due process

 


Lafortune v. Garland, No. 23-1617 (1st Cir. Aug. 5, 2024)

  • particularly serious crime; N-A-M- two-step analysis; elements based approach not required; conspiracy to commit bank fraud in violation of 18 U.S.C. § 1349; CAT claims and Haiti

 


Gonzalez-Arevalo v. Garland, No. 23-1341 (1st Cir. Aug. 7, 2024)

  • nexus; gang retribution against family; relying on speculative noncitizen testimony; mixed motive; Guatemala 

 


De Oliveira Rodrigues v. Garland, No. 23-2081 (1st Cir. Aug. 8, 2024)

  • adverse credibility; omissions from credible fear interview; omissions from written affidavit; failure to corroborate; inconsistencies 

 


Tista-Ruiz de Ajualip v. Garland, No. 23-3274 (6th Cir. Aug. 9, 2024)

  • IJ and BIA independent duty to review the record for viable PSG and anti-circularity; Matter of A-B-; domestic violence; Matter of W-Y-C-& H-O-B-; unable or unwilling; Guatemala 



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