Ep. 44 - Precedential Decisions from 2/16/2021 - 2/28/2021 (INA § 245(i); meritorious in fact; VAWA cancellation; presumption of credibility; political opinion - gangs; protective orders; particularly serious crime; controlled substance divisibility)

Immigration Review

[2:26] Oliveira v. Wilkinson, No. 19-1258 (1st Cir. Feb. 22, 2021)

• INA § 245(i) adjustment of status; approvable when filed; meritorious in fact; Matter of Butt

[10:11] Matter of L-L-P-, 28 I&N Dec. 241 (BIA 2021)

• special rule cancellation of removal under INA § 240A(b)(2); statutory construction; legislative intent

[15:42] Molina-Diaz v. Wilkinson, No. 15-2321 (1st Cir. Feb. 25, 2021)

• clean credibility finding; adverse credibility; presumption of credibility; corroboration; Honduras; MUCA; CAT; withholding of removal

[20:20] Zelaya-Moreno v. Wilkinson, No. 17-2284 (2d Cir. Feb. 26, 2021)

• political opinion; gang recruitment; opposition to corruption; El Salvador

[27:05] Sunuwar v. Att'y Gen. U.S., No. 20-2091 (3d Cir. Feb. 25, 2021)

• particularly serious crime; Matter of N-A-M-; length of sentence; strangulation under 18 Pa. Cons. Stat. § 2718(a); contempt under 23 Pa. Cons. Stat. § 6114(a) for disobeying a protective order; INA § 237(a)(2)(E)(ii), violation of protective order; adverse credibility

[33:05] Lazo v. Wilkinson, No. 14-73182 (9th Cir. Feb. 26, 2021)

• controlled substance offense; INA § 237(a)(2)(B)(i); California Health and Safety Code § 11350; divisibility; jury instructions

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