Ep. 119 - Precedential Decisions from 8/1/2022 - 8/7/2022 (persecution; PSC and crime against persons; sue sponte motion to reopen; good moral character; drug trafficking; deficient NTA motions; crime of child abuse mental state)

Immigration Review

Sorto-Guzman v. Garland, No. 20-1762 (4th Cir. Aug. 3, 2022)

• single death threat; persecution; question of law; Catholic religion; burdens; Mara 18; El Salvador

Gutierrez-Vargas v. Garland, No. 21-3520 (8th Cir. Aug. 1, 2022)

• particularly serious crime; reweighing evidence; crimes against persons; INA § 242(a)(2)(C); CAT deferral; dismemberment; Zetas; Mexico

Perez-Camacho v. Garland, No. 19-72063 (9th Cir. Aug. 1, 2022)

• motion to reopen; modified convictions; sua sponte; gross miscarriage of justice; tolling; diligence

Troncoso-Oviedo v. Garland, No. 21-70547 (9th Cir. Aug. 5, 2022)

• INA § 101(f)(7); good moral character; presentence confinement; Chevron; Matter of Valdovinos; due process; waiving asylum application

Chen v. Garland, No. 19-4162 (2d Cir. Aug. 5, 2022)

• sua sponte motion to reopen; review of legal or constitutional error; derivative asylum; China

Campos-Chaves v. Garland, No. 20-60262 (5th Cir. Aug. 3, 2022)

• deficient NTA; Rodriguez; Spagnol-Bastos; Notice of Hearing; failure to provide address

Matter of Fernandes, 28 I&N Dec. 605 (BIA 2022)

• partially deficient NTA; timely assertion of mandatory claims processing rule; “shall”; prejudice; dismissal; mental incompetence

Castillo-Gutierrez v. Garland, No. 20-60492 (5th Aug. 5, 2022)

• deficient NTA; subject matter jurisdiction; Notice of Hearing; hardship; Patel

Chuor v. Garland, No. 20-3571 (8th Cir. Aug. 4, 2022)

• CAT deferral; clear error; review of IJ factual findings; personal risk of torture; similar sounding names; mental illness; South Sudan

Morfa Diaz v. DHS, et al., No. 20-2110763 (11th Cir. Aug. 5, 2022)

• aggravated felony drug trafficking; INA § 101(a)(43)(B); divisibility; naturalization; INA § 101(f)(8); NYPL § 220.39; narcotic

Bastias v. U.S. Att'y Gen., No. 21-11416 (11th Cir. Aug. 2, 2022)

• INA § 237(a)(2)(E)(i); crime of child abuse, neglect, or abandonment; Soram; Velazquez-Herrera; culpably negligent; criminal negligence; review of state statutes to define; Chevron; reasonableness; burdens

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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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