Ep. 66 - Precedential Decisions from 7/26/2021 - 8/1/2021 (DHS stipulations; crime of child abuse; divisibility & burdens; + $10,000 agg. fel.; jurisdiction & discretion; issue exhaustion; VAWA cancellation; nexus; adverse credibility)

Immigration Review

[3:11] Matter of A-C-A-A-, 28 I&N Dec. 351 (A.G. 2021)

• asylum; particular social group; DHS stipulations

[7:37] Matter of Aguilar-Barajas, 28 I&N Dec. 354 (BIA 2021)

• aggravated statutory rape; Tenn. Code Ann. § 39-13-506(c); crime of child abuse under INA § 237(a)(2)(E)(i); Esquivel-Quintana

[15:27] Marinelarena v. Garland, No. 14-72003 (9th Cir. July 26, 2021)

• Cal. Pen. Code § 182; Cal. Health & Safety Code § 11352(a); divisibility; burdens; Pereida

[22:06] Estella Orellana v. Mayorkas, et al., No. 20-16092 (9th Cir. July 28, 2021)

• naturalization; INA § 101(a)(43)(M)(i) aggravated felony; + $10,000; Cal Pen. Code § 550(b)(3); insurance fraud; Harvey waiver; motion to dismiss

[30:55] Galvan v. Garland, No. 20-1485 (4th Cir. July 27, 2021)

• jurisdiction; discretion; non-LPR cancellation of removal; INA § 240A(b); exceptional and extremely unusual hardship

[36:23] Mencia-Medina v. Garland, No. 20-1724 (8th Cir. July 29, 2021)

• issue exhaustion; VAWA cancellation of removal; BIA factfinding; discretionary determinations

[43:28] Vazquez-Guerra v. Garland, No. 18-60828 (5th Cir. July 29, 2021)

• family-based particular social group; nexus; one central reason; nexus for withholding of removal; Mexico

[47:38] Singh v. Garland, No. 17-2368 (2d Cir. July 28, 2021)

• adverse credibility; inconsistency; omission; Sikh; Shiromani Akali Da Amritsar (SADA); India

[53:50] Omowole v. Garland, No. 20-2285 (7th Cir. July 29, 2021)

• credibility; fraud; sham marriage

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