Immigration Review

Ep. 225 - Precedential Decisions from 8/12/2024 - 8/18/2024 (vacated criminal conviction & reopening; murder; voluntary departure; temporary BIA members; nexus; police reports & discretion)

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Bent v. Garland, No. 22-1910 (9th Cir. Aug. 15, 2024)

  • Cal. Pen. Code § 1473.7(a)(1); equitably tolling for motion to reopen where criminal conviction vacated; due diligence; extraordinary circumstance 

 


United States v. Manzano, No. 23-6073 (10th Cir. Aug. 13, 2024)

  • generic definition of murder; Oklahoma second degree murder in violation of Okla. Stat. tit. 21, § 701.8; killing in commission of a non-dangerous felony

 


Bernardo-De La Cruz v. Garland, No. 21-1621 (7th Cir. Aug. 15, 2024)

  • voluntary departure; 8 C.F.R. § 1240.26(i); temporary BIA member; Appointment’s Clause; not considering relocation hardship when children will remain for non-LPR cancellation; legal error and “completely ignored” evidence

 


Penafiel-Peralta v. Garland, No. 23-1959 (1st Cir. Aug. 12, 2024)

  • mixed motive; nexus; land dispute; family membership; Ecuador 

 


Lemus-Aguilar v. Garland, No. 23-1799 (1st Cir. Aug. 12, 2024)

  • nexus; single, Salvadoran mothers with no familial protection; criminal gang activity; El Salvador

 


Charles v. Garland, No. 23-1857 (1st Cir. Aug. 15, 2024)

  • review of the BIA’s denial of sua sponte reopening; failure to consider medical evidence; unpublished BIA decisions

 


Rosa v. Garland, No. 22-1523 (1st Cir. Aug. 16, 2024)

  • adjustment of status; uncorroborated police reports; failure to follow BIA precedent; uncorroborated police reports to deny discretionary relief; Matter of Arreguin; Matter of Thomas; Fifth Amendment right not to testify when criminal charges pending





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