August 09, 2021

Ep. 67 - Precedential Decisions from 8/2/2021 - 8/8/2021 (categorical approach; CIMT; particularly serious crime; particular social group; issue exhaustion; burdens of proof; motions to reopen; jurisdiction)

59 minutes

[3:10] Simpson v. U.S. Att'y Gen., No. 19-11156 (11th Cir. Aug. 4, 2021)

Fla. Stat. § 790.23(1)(a); felon in possession; INA § 237(a)(2)(C); ammunition; divisibility; categorical and modified categorical approach; jury instructions

[10:11] Maie v. Garland, No. 19-73099 (9th Cir. Aug. 2, 2021)

CIMT; theft; Haw. Rev. Stat. § 708-833(1); Model Penal Code; deprive; Matter of Diaz-Lizarraga; Matter of Burbano

[18:03] Gilbertson v. Garland, No. 20-2355 (8th Cir. Aug. 2, 2021)

particularly serious crimes; withholding of removal; Matter of G-G-S-; mental health; Shazi v. Wilkinson; drug trafficking; Matter of Y-L-; Los Zetas; Mexico

[23:09] Rosales-Reyes v. Garland, No. 20-2417 (8th Cir. Aug. 4, 2021)

asylum; particular social group; drug cartels; CAT; relocation; Mexico

[26:05] Nolasco v. Garland, No. 20-1034 (4th Cir. Aug. 2, 2021)

Particular social groups; asylum; asylum; socially distinct; CAT protection; former gang membership; Matter of M-E-V-G-; Matter of W-G-R-; El Salvador

[30:21] Vasquez-Rodriguez v. Garland, No. 19-71445 (9th Cir. Aug. 5, 2021)

8 U.S.C. § 1252(d)(1); issue exhaustion; futility; Matter of E-A-G-; particular social group; imputed gang membership; CAT; safe relocation; El Salvador.

[41:57] Romero v. Garland, No. 17-70534 (9th Cir. Aug. 2, 2021)

false claim to citizenship; INA § 212(a)(6)(C)(ii); burdens of proof; admission

[48:17] Parada-Orellana v. Garland, No. 19-60645 (5th Cir. Aug. 6, 2021)

Motions to reopen; INA § 240A(b); non-LPR cancellation of removal; hardship; jurisdiction; INA § 242(a)(2)(B); in absentia order

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

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