Ep. 114 - Precedential Decisions from 6/27/2022 - 7/3/2022 (asylum; dual nationality; credibility - impeachment & plausibility; circuit venue; stays; expedited removal & theft offenses; NACARA; cancellation; changed country condition motion to reopen)

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By Kevin A. Gregg, Esq. (kgregg@kktplaw.com), Kevin A. Gregg, and Esq. (kgregg@kktplaw.com). Discovered by Player FM and our community — copyright is owned by the publisher, not Player FM, and audio is streamed directly from their servers. Hit the Subscribe button to track updates in Player FM, or paste the feed URL into other podcast apps.

Zepeda-Lopez, et al. v. Garland, No. 19-145 (2d June 28, 2022)

  • asylum; dual citizenship; dual nationality; statutory interpretation; “any”; dictionary definitions; INA § 101(a)(42)(A); refugee; UN Refugee Convention; statutory scheme as a whole; Matter of B-R-; Honduras

Matter of E-F-N-, 28 I&N Dec. 591 (BIA 2022)

  • credibility; impeachment; filing deadlines; fundamental fairness; Federal Rules of Evidence; Cameroon; SCNC

Herrera-Alcala v. Garland, No. 20-1770 (4th Cir. June 30, 2022)

  • venue; forum; Immigration Adjudication Center; credibility; Cuba; credible fear interview; omissions; inherent plausibility; recovery without medical attention; visa from persecuting country

Antonio v. Garland, No. 22-0141 (6th Cir. June 29, 2022)

  • stay of removal; Nken; irreparable-harm; CAT deferral; drug trafficking; gangs; Dominican Republic

Barradas Jacome v. Att'y Gen. U.S., No. 20-2439 (3d Cir. June 30, 2022)

  • 18 Pa. Cons. Stat. § 3925(a); expedited removal; due process; challenge removability; regulatory interpretation; exhaustion; administrative remedy; INA § 101(a)(43)(G); receipt of stolen property; mens rea

Antonio Hernandez v. Garland, No. 20-70158 (9th Cir. June 27, 2022)

  • NACARA; LPR cancellation of removal; INA § 240A(a); INA § 240A(c)(6); statutory interpretation; statutory scheme as a whole; Matter of Hernandez-Romero

Alberto Hernandez v. Garland, No. 21-70493 (9th Cir. June 28, 2022)

  • TPS; admission; admitted in any status; LPR cancellation of removal under INA § 240A(a); Sanchez v. Mayorkas; particularly serious crime; cumulative effect of convictions; Cal. Pen. Code § 273.5(A)

Sarkar v. Garland, No. 17-72212 (9th Cir. July 1, 2022)

  • circuit court administrative closure; discretion standard; ICE discretion not to remove; prosecutorial discretion memo; changed country condition motion to reopen; individualized risk; Bangladesh

Djie v. Garland, No. 20-60448 (5th Cir. June 29, 2022)

  • number bar to motions to reopen; changed country condition motion to reopen; regulatory interpretation; conflict between statute and regulation; 8 C.F.R. § 1003.2(c)(2); doctrine of expressio unius est exclusio alterius

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