Immigration Review

Ep. 248 - Precedential Decisions from 1/20/2025 - 1/26/2025 (recent thoughts; CAT protection & credibility; crime of violence; general intent crimes; detention - dangerousness, mixed question of law and fact, and substantive due process)

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Odds and ends, nonprofits, and law students

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Aguilar-Quintanilla v. McHenry, No. 24-60142 (5th Cir. Jan. 24, 2024)

  • CAT protection; removal does not moot CAT challenge; ICE facilitating return; suspected gang members in El Salvador; CAT even with adverse credibility; requirement to consider affidavits; requirement to actually consider evidence, rather than simply mention 

 


Villagomez v. McHenry, No. 23-3558 (9th Cir. Jan. 24, 2025)

  • crime of violence; general intent crimes; battery resulting in substantial bodily harm under Nev. Rev. Stat. § 200.481(2)(b); mens rea; violent force; Johnson; Borden

 


Martinez v. Clark, No. 21-35023 (9th Cir. Dec. 27, 2024) (remand)

  • detention; dangerousness; jurisdiction; mixed question of law and fact; INA § 236

 


Doe v. Becerra, 732 F.Supp.3d 1071 (N.D. Cal. 2024)

  • prolonged detention; mandatory detention; conditions of detention; habeas; punitive detention; alternatives to detention; substantive due process




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