Ep. 112 - Precedential Decisions from 6/13/2022 - 6/19/2022 (class action injunctions; detention; isomers; credibility; particularly serious crimes; claims processing rules; naturalization; Nicaragua; persecution; alien smuggling)

Immigration Review

Garland v. Gonzalez, et al., No. 20-322 (U.S. June 13, 2022)

• INA § 242(f)(1); injunctions; class action; individual; statutory interpretation; detention

Johnson v. Arteaga-Martinez, No. 19-896 (U.S. June 13, 2022)

• statutory interpretation; canon of constitutional avoidance; detention; withholding-only proceedings; reinstatement; Jennings

Aguirre-Zuniga v. Garland, No. 21-1201 (7th Cir. June 16, 2022)

• methamphetamine; isomers; categorical approach; internal divisibility; Ind. Code § 35-48-4-1.1; realistic probability test; legislative silence

Cabrera-Ruiz v. Garland, No. 21-2085 (7th Cir. June 14, 2022)

• CAT; acquiesce; fear of cartels; gang tattoo; credibility; Mexico

Reyes Pujols v. Garland, No. 21-1128 (1st Cir. June 14, 2022)

• credibility; aggregate inconsistencies; demeanor; unconscious bias; trauma survivors; Dominican Republic

Matter of D-L-S-, 28 I&N Dec. 568 (BIA 2022)

• particularly serious crime; final judgment; deferred adjudication; assault; Fla. Stat. § 784.041; conviction; canon on consistent usage

Holmes v. Garland, No. 21-2135 (8th Cir. June 17, 2022)

• remand; pro se admissions & concessions; due process; fundamental fairness

Donnelly v. CARRP, No. 20-4243 (2d Cir. June 14, 2022)

• INA § 310(c); jurisdiction; mandatory claims processing rule; exhaustion; naturalization; Ireland

Molina v. Garland, No. 19-73028 (9th Cir. June 13, 2022)

• asylum; past persecution; threats; fleeing; terrorist accusations; cumulative harm for asylum; El Chipote; risk percentage; protesting; CAT; detention at airport; Nicaragua

Greenwood v. Garland, No. 17-72389 (9th Cir. June 16, 2022)

• changed country condition motion to reopen; credibility; Matter of F-S-N-; identity; sua sponte; Jamaica

Marquez-Reyes v. Garland, No. 17-71367 (9th Cir. June 14, 2022)

• alien smuggling; INA § 212(a)(6)(E)(i); encouraged; knowing; dictionaries; cannon of constitutional avoidance; First Amendment; pro-immigration political advocacy; Equal Protection; vagueness; administrative closure

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Immigration Review® is a podcast made available for educational purposes only. It does not provide legal advice. Rather, it offers general information and insights from publicly available immigration cases. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the host. The podcast should not be used as a substitute for competent legal advice from a licensed attorney in your state.
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