November 01, 2021

Ep. 79 - Precedential Decisions from 10/25/2021 - 10/31/2021 (equitable tolling & BIA appeals; doctrine of consular nonreviewability; gender-based PSGs and gender violence; pro se asylum; "recent deportees" & CAT; standards of review)

37 minutes

[2:46] James v. Garland, No. 20-1666 (1st Cir. Oct. 25, 2021)

equitable tolling; claims processing rule; pro se appeals; filing deadline; at 8 C.F.R. § 1003.38(b)

[8:47] Valle v. DOS, No. 19-14889 (11th Cir. Oct. 26, 2021)

doctrine of consular nonreviewability; subject matter jurisdiction; facially legitimate and bona fide for visa denial

[17:31] Jaco v. Garland, No 20-60081 (5th Cir. Oct. 27, 2021)

A-R-C-G-; anti-circularity; A-B-; domestic violence; non-married women; Chevron deference; social distinction; unable to leave; particular social group; Honduras

[24:10] Pineda-Teruel v. Garland, No. 20-3516 (7th Cir. Oct. 27, 2021)

withholding of removal; landowners; pro se; Quintero v. Garland; persecutors in U.S.; Honduras

[28:10] Mabuneza v. Garland, No. 20-1799 (7th Cir. Oct. 28, 2021)

CAT deferral; Democratic Republic of the Congo; Tutsi; recent deportees; detention; Matter of J-R-G-P-; prison conditions; intent to torture; motion to reconsider

[31:42] Arreaga-Bravo v. Att’y Gen. U.S., No. 20-3300 (3d Cir. Oct. 28, 2021)

CAT; standard of review; clearly erroneous; overturning IJ; mixed question of law and fact; willful blindness; Guatemalan women; Mara 18; Guatemala

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

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