Ep. 142 - Precedential Decisions from 1/9/2023 - 1/15/2023 (deficient NTA; stop-time rule; final order of removal; false statements, naturalization, and materiality; fear of gangs & reasonable fear; divisibility & Georgia robbery)

Immigration Review

Matter of Chen, 28 I&N Dec. 676 (BIA 2023)

• deficient NTA; plain language; stop-time rule; final order of removal; prima facie showing; fundamental change in law – Niz Chavez

USA v. Amintobia, No. 20-50039 (9th Cir. Jan. 11, 2023)

• knowingly procuring or attempting to procure naturalization; Maslenjak; asylum fraud; false statements; materiality; predictably have disclosed; lawfully admitted for permanent residence; INA § 101(a)(20); 18 U.S.C. § 1425(a); 18 U.S.C. § 1546(a); German asylum

Reyes-Ramos v. Garland, No. 18-1830 (1st Cir. Jan. 13, 2023)

• jurisdiction to review no reasonable fear findings; OIL concession; standard of review; fear of gangs; MS-13 recruitment; particular social group; persons against whom MS-13 retaliates for failure to join; El Salvador

USA v. Harrison, No. 21-14514 (11th Cir. Jan. 10, 2023)

• O.C.G.A. § 16-8-40; crime of violence; robbery; sudden snatching; divisibility; use of the word “or,” “includes,” or “such as”; comparison to similar statutes; jury instructions; same punishment; lesser included offense

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