Immigration Review

Aleman Belloso v. Garland, No. 23-114 (9th Cir. Nov. 13, 2024)

• nexus; church leader; political opinion; particular social group - influential church leaders; no requirement to report harm for CAT; circularity not fatal; agency misconstruing PSG; no need to report government harm; FMLN; El Salvador

Manuel-Soto v. Att'y Gen. U.S., No. 24-1089 (3d Cir. Nov. 12, 2024)

• small business owners; particularity; immutability; police investigation and unable or unwilling; Guatemala

Urias-Orellana v. Garland, No. 24-1042 (1st Cir. Nov. 14, 2024)

• death threats, extortion, and past persecution; reasonable relocation; failure to report and government acquiescence; country condition reports; El Salvador

Cortez-Mejia v. Garland, No. 23-1717 (1st Cir. Nov. 15, 2024)

• generalized fear of gang violence; 18th Street Gang recruitment against MS-13; death threats; El Salvador

Medina-Suguilanda v. Garland, No. 23-2031 (1st Cir. Nov. 14, 2024)

• unable or unwilling to protect; failure to report to police because of risk of danger; domestic violence; mixed question of law and fact; Ecuador

ABA Commission on Immigration



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Reid v. Garland, No. 20-3324 (2d Cir. Nov. 5, 2024)

• mental competency; Matter of M-A-M- safeguards; due process; no prejudice required; termination for regulator violations

Morgan v. Garland, No.  24-1280 (1st Cir. Nov. 5, 2024)

• serious reasons for believing noncitizen has committed serious non-political crime; probable cause; police acquiescence standard for CAT protection; failure to act; exhaustion; gangs; Jamaica 

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Farhane v. United States, No. 20-1666 (2d Cir. Oct. 31, 2024) (en banc)

• denaturalization; ineffective assistance of counsel in criminal proceedings; Strickland; collateral consequences; Padilla

Matter of Khan, 28 I&N Dec. 850 (BIA 2024)

• CIMT; categorical approach; consideration elements of sentence enhancement; gross vehicular manslaughter while intoxicated; Cal. Pen. Code § 191.5(b); sentencing enhancement for fleeing the scene of an accident Cal. Veh. Code § 20001(c); combining mens rea and actus reas; standalone § 212(h) waiver; continuous residence for LPR cancellation 

Diaz-Arellano v. U.S. Att'y Gen., No. 22-12446 (11th Cir. Oct. 29, 2024)

• aging out qualifying relatives; non-LPR cancellation of removal; Loper Bright

Sustaita-Cordova v. Garland, No. 23-60095 (5th Cir. Oct. 31, 2024)

• hardship review; Wilkinson and good moral character; contested facts; U visa waiver; deficient NTA claims processing rule

Seldon v. Garland, No. 24-0246 (6th Cir. Oct. 31, 2024)

• fraud; § 237(a)(1)(H) waiver & joint I-751 petition; Loper Bright; Kisor deference; Bador; failure to inform about asylum or other relief; refusal to answer questions at interview 

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Corpeno-Romero, et al. v. Garland, No. 23-576 (9th Cir. Oct. 23, 2024)

• past persecution; death threats; nexus; family membership; no requirement to wait to be killed; emotional trauma; lessened-harm standard for children; mixed motive and family based asylum; M-18 gang; El Salvador

Al Otro Lado, et al. v. EOIR, et al., No. 22-55988 (9th Cir. Oct. 23, 2024)

• metering; Asylum Transit Rule; nationwide injunction; APA

Garcia Oliva v. Garland, No. 23-1841 (1st Cir. Oct. 21, 2024)

• adverse credibility; omissions; discrepancy; heart of the claim; candor; former bodyguards; Guatemala 

Galvez-Bravo v. Garland, No. 24-0239 (6th Cir. Oct. 23, 2024)

• exceptional and extremely unusual hardship; mixed question of law and fact; motion to reopen; dyslexia; unexplained departure by the BIA

Francois v. Garland, No. 20-61134 (5th Cir. Oct. 24, 2024)

• standard of review; mental health facilities in Haiti; clear error; BIA shirking duties; sua sponte remand for further factual findings

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Montejo-Gonzalez, et al. v. Garland, No. 21-304 (9th Cir. Oct. 17, 2024)

• in absentia motion to reopen based on exceptional circumstances; unconscionable result of removal; totality of the circumstances; traffic accidents; children; prima facie relief inapplicable

Vargas-Salazar v. Garland, No. 23-2097 (1st Cir. Oct. 17, 2024)

• past persecution; unfulfilled threats; outpatient medical treatment; gangs; extortion; Ecuador

Figueroa v. Garland, No. 22-1272 (1st Cir. Oct. 17, 2024)

• Nicaraguan Adjustment and Central American Relief Act (NACARA); extreme and exceptionally unusual hardship; financial hardship; hardship review - mixed question of law and fact

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Meza Diaz, et al. v. Garland, No. 23-973 (9th Cir. Oct. 8, 2024)

• family-based past persecution claim; harm to family members as persecution; nexus for kidnapping; unable or unwilling to control only in home city; police statement that they cannot protect; cartel; Mexico

Alvarado-Reyes v. Garland, No. 23-1726 (1st Cir. Oct. 7, 2024)

• nexus; family; Salvadoran men; resistance to gang recruitment; BIA reasoned consideration; due process and indiscernible transcripts; El Salvador

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Nguyen v. Jaddou, No. 23-20597 (5th Cir. Oct. 3, 2024)

• EB-3 visa; revoked I-140 petition; portability; successor-in-interest; jurisdiction

Singh v. Garland, No. 23-95 (9th Cir. Oct. 4, 2024)

• credibility; Matter of R-K-K-; similar affidavits; DHS charts; relocation; speculation; absence from Department of State report; Mann Party; Sikh; India

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Tereshchenko v. Karimi, No. 24-172 (2d Cir. May 16, 2024)

• Hague Convention on the Civil Aspects of International Child Abduction; wrongful removal; Interpol Yellow Notice; waiving affirmative defense; Ukraine

United States v. Verdugo, 682 F. Supp. 3d 869 (S.D. Cal. 2023)

• generic federal definition of methamphetamine; analogs vs. isomers; Cal. Health and Safety Code §§ 11379(a) and 11378; United States v. Rodriguez Gamboa

Sridej v. Blinken, et al., No. 23-16021 (9th Cir. July 23, 2024)

• extradition; habeas; State Department official; the rule of non-inquiry; CAT; Thailand

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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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Castellanos-Ventura v. Garland, No. 21-6293 (2d Cir. Sept. 13, 2024)

• Honduran women; harm by family as a child; failure to report as a child; unable or unwilling to protect; erroneous reliance on State Department report; failure to consider conflicting evidence

Patel v. Garland, No. 23-3461 (6th Cir. Sept. 10, 2024)

• I-601; adjustment of status; Patel; jurisdiction; judicial bias; manner of entry; erroneous factual finding and legal error

Lopez v. Garland, No. 23-870 (9th Cir. Sept. 11, 2024)

• Reno Municipal Code § 8.10.040 petty theft; INA § 237(a)(2)(A)(ii); Diaz-Lizaragga and CIMT definition; Skidmore deference; availability of pardon; single scheme of criminal conduct; persecution suffered in utero as a fetus

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• About your host
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See Eps. 1-200

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