September 23, 2024

Ep. 230 - Precedential Decisions from 9/16/2024 - 9/22/2024 (CIMT & retail theft; family, nexus & mixed motive; DHS non-opp to motion to remand; prolonged detention; FARO & aggravated felony obstruction of justice; extraordinary circumstances & reopening)

Listen Later

53 minutes

Matter of Thakker, 28 I&N Dec. 843 (BIA 2024)

Matter of Jurado; temporary taking; Diaz Lizarraga; retail theft; 18 Penn. Con. Stat § 3929(a)(l)

Mazariegos-Rodas v. Garland, No. 21-4064 (6th Cir. Sept. 20, 2024)

family nexus; due process, bias, and exhaustion; ignoring fact affidavits; substantial; gang need not explain reason for targeting; mixed motive; Matter of M-R-M-S-; animus not required; generous BIA standard for mixed-motive cases; Brand-X

Badose v. Garland, No. 23-1156 (1st Cir. Sept. 20, 2024)

DHS failure to oppose motion to remand for adjustment of status; settled course of adjudication; arbitrary and capricious departure; adverse credibility; improper BIA factfinding on motion to remand

Banyee v. Garland, No. 22-2252 (8th Cir. Sept. 17, 2024)

mandatory detention; INA § 236(c); prolonged detention; bond hearing; Demore

Lopez Orellana v. Garland, No. 23-60248 (5th Cir. Sept. 18, 2024)

service of FARO; DHS violations of NOI and FARO procedures; INA § 101(a)(43)(S) obstruction of justice; specific intent; general intent; prejudice; facilitating return of removed noncitizen

Singh v. Garland, No. 20-70050 (9th Cir. Sept. 17, 2024)

in absentia motion to reopen based on exceptional circumstances; unconscionable result of removal; totality of the circumstances; accepting affidavits; erroneous reliance on attorney; Lozada inapplicable

National immigration Project of the National Lawyers Guild Supreme Court resource

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Immigration Lawyer's Toolbox

https://immigrationlawyerstoolbox.com/immigration-review

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CONTACT INFORMATION
Email: [email protected]
Facebook: @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview

About your host
Case notes
Recent criminal-immigration article (p.18)
Featured in San Diego Voyager

DISCLAIMER & CREDITS
See Eps. 1-200

Support the show

...more

View all episodes

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Immigration Review

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

4.9

143143 ratings

September 23, 2024

Ep. 230 - Precedential Decisions from 9/16/2024 - 9/22/2024 (CIMT & retail theft; family, nexus & mixed motive; DHS non-opp to motion to remand; prolonged detention; FARO & aggravated felony obstruction of justice; extraordinary circumstances & reopening)

Listen Later

53 minutes

Matter of Thakker, 28 I&N Dec. 843 (BIA 2024)

Matter of Jurado; temporary taking; Diaz Lizarraga; retail theft; 18 Penn. Con. Stat § 3929(a)(l)

Mazariegos-Rodas v. Garland, No. 21-4064 (6th Cir. Sept. 20, 2024)

family nexus; due process, bias, and exhaustion; ignoring fact affidavits; substantial; gang need not explain reason for targeting; mixed motive; Matter of M-R-M-S-; animus not required; generous BIA standard for mixed-motive cases; Brand-X

Badose v. Garland, No. 23-1156 (1st Cir. Sept. 20, 2024)

DHS failure to oppose motion to remand for adjustment of status; settled course of adjudication; arbitrary and capricious departure; adverse credibility; improper BIA factfinding on motion to remand

Banyee v. Garland, No. 22-2252 (8th Cir. Sept. 17, 2024)

mandatory detention; INA § 236(c); prolonged detention; bond hearing; Demore

Lopez Orellana v. Garland, No. 23-60248 (5th Cir. Sept. 18, 2024)

service of FARO; DHS violations of NOI and FARO procedures; INA § 101(a)(43)(S) obstruction of justice; specific intent; general intent; prejudice; facilitating return of removed noncitizen

Singh v. Garland, No. 20-70050 (9th Cir. Sept. 17, 2024)

in absentia motion to reopen based on exceptional circumstances; unconscionable result of removal; totality of the circumstances; accepting affidavits; erroneous reliance on attorney; Lozada inapplicable

National immigration Project of the National Lawyers Guild Supreme Court resource

Sponsors and friends of the podcast!

Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.

Docketwise
"Modern immigration software & case management"

Stafi
"Remote staffing solutions for businesses of all sizes"

Promo Code: stafi2024
Get Started! Promo Code: FREE

Immigration Lawyer's Toolbox

https://immigrationlawyerstoolbox.com/immigration-review

Want to become a patron?

Click here to check out our Patreon Page!

CONTACT INFORMATION
Email: [email protected]
Facebook: @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview

About your host
Case notes
Recent criminal-immigration article (p.18)
Featured in San Diego Voyager

DISCLAIMER & CREDITS
See Eps. 1-200

Support the show

...more

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