Ep. 80 - Precedential Decisions from 11/1/2021 - 11/7/2021 (stop-time rule and deficient NTAs; continuance and right to counsel; exhaustion; asylum, nexus, and credibility; L nonimmigrant visas & executive; CIMT - constitutionality and mens rea)

Immigration Review

[2:44] Cantor v. Garland, No. 19-73085 (9th Cir. Nov. 3, 2021)

• motion to reopen; non-LPR cancellation of removal; stop-time rule; statutory interpretation

[8:19] Matter of M-F-O-, 28 I&N Dec. 408 (BIA 2021)

• deficient NTA; post-conclusion voluntary departure; INA § 240B(b); Posos-Sanchez; Viera-Garcia and Ordonez-Viera; Mendoza-Hernandez and Capula-Cortes; asylum; withholding nexus standard; indigenous; gang recruitment; Guatemala

[14:14] Usubakunov v. Garland, No. 18-72974 (9th Cir. Nov. 1, 2021)

• continuance; due process; right to counsel; detention conditions; continuances during the holidays; asylum; Kyrgyzstan

[19:56] Gomes v. Garland, No. 20-2106 (1st Cir. Nov. 3, 2021)

• asylum; workers’ rights movements; Red Notice; exhaustion; in absentia conviction; bribes; extortion; Brazil

[24:42] VHV Jewelers, LLC v. Wolf, et al., No. 20-14788 (11th Cir. Nov. 1, 2021)

• L-1A nonimmigrant visa; new office petition; executive; “direct”; manage a manager; APA; weighing evidence

[30:50] Mashilingi v. Garland, No. 20-2169 (1st Cir. Nov. 2, 2021)

• credibility; totality; visa applications; authenticating foreign public documents; asylum; Rwanda

[34:55] Granados v. Garland, No. 20-2028 (4th Cir. Nov. 4, 2021)

• CIMT; eluding in violation of Va. Code § 46.2-817(B); constitutionality; nondelegation doctrine; willful and wanton; mens rea for CIMT; recklessness; meaning of “so as”; affirmative defense

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