Ep. 62 - Precedential Decisions from 6/28/2021 - 7/4/2021 (detention; in absentia motion to reopen; particular social group - gangs; family based particular social group; child abuse; divisibility; defective NTA; conviction)

Immigration Review

Odds and Ends

• Flores settlement
• Patel v. Garland!!!!

Johnson v. Chavez, No. 19-897 (U.S. June 29, 2021)

• detention; reinstatement; withholding of removal; Nasrallah
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Matter of S-L-H- & L-B-L-, 28 I&N Dec. 318 (BIA 2021)

• in absentia motion to reopen; exceptional circumstances; de novo review; weather; traffic; tardiness; sufficiency of evidence

Perez-Trujillo v. Garland, Nos. 11-1481, 17-1586 (1st Cir. June 28, 2021)

• particular social group; gang recruitment; former gang member; MS-13; El Salvador; Special Immigrant Juvenile status (SIJ); discretion; Matter of Arai; jurisdiction

Portillo-Flores v. Garland, No. 19-1591 (4th Cir. June 29, 2021) (en banc)

• asylum; past persecution; death threats; children; family based particular social group; El Salvador; MS-13

Adeeko v. Garland, No. 19-60703 (5th Cir. July 1, 2021)

• child abuse, abandonment, or neglect; INA § 237(a)(2)(E)(i); online solicitation of a minor in violation of Tex. Pen. Code § 33.021(c); categorical approach

Parzych v. Garland, No. 20-2317 (7th Cir. June 28, 2021)

• categorical approach; modified categorical approach; divisibility; elements; means; jury instructions; Mathis peek

Mejia-Padilla v. Garland, No. 20-1720 (7th Cir. June 29, 2021)

• motions to reopen; defective NTA; Pereira; non-LPR cancellation of removal; stop-time rule; equitable tolling

Brathwaite v. Garland, No. 20-27 (2d Cir. July 1, 2021)

• criminal conviction; finality; Chevron deference; Matter of J.M. Acosta; N.Y. Crim. Pen. L. § 460.30

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