Ep. 74 - Precedential Decisions from 9/20/2021 - 9/26/2021 (nexus; Yemen; motion to reopen - changed country conditions, sua sponte, exceptional circumstances; NTA deficiencies; parole; accomplice & categorical approach; credibility)

Immigration Review

[2:49] Ghanem v. Att’y Gen. U.S., No. 19-1475 (3d Cir. Sept. 22, 2021)

• asylum; political opinion; nexus; mixed-motive; tribal; ignoring evidence; corroboration; reasonable explanation; CAT; Matter of J-F-F-; hypotheticals; Houthi; Yemen

[9:09] Abushagif v. Garland, No. 19-60807 (5th Cir. Sept. 24, 2021)

• motion to reopen; changed country conditions; affidavits; inherently believable; burdens; asylum; CAT; Libya

[14:01] Matter of Arambula-Bravo, 28 I&N Dec. 388 (BIA 2021)

• NTA; jurisdiction; Niz-Chavez; Pereira; parole termination; charging document; 8 C.F.R. § 212.5(e)(2)(i); 8 C.F.R. § 1003.13; INA § 274(A)(1)(a)(ii); aggravated felony; INA § 101(a)(43)(N); alien smuggling

[20:10] Tino v. Garland, No. 20-3508 (8th Cir. Sept. 20, 2021)

• Pereira; Niz-Chavez; jurisdiction; NTA; asylum; Guatemala; gangs

[22:29] Berdiev v. Garland, No. 20-9542 (10th Cir. Sept. 21, 2021)

• sua sponte motion to reopen; equitable tolling; ineffective assistance of counsel; due diligence; Matter of Zmijewska; ten-year bar for failure to voluntarily depart; Chenery

[29:55] Alfred v. Garland, No. 19-72903 (9th Cir. Sept. 22, 2021)

• Valdivia-Flores; Washington robbery; categorical approach; accomplice; aiding and abetting

[36:27] Li v. Garland, No. 18-70943 (9th Cir. Sept. 21, 2021)

• adverse credibility; omissions; inconsistencies; Iman v. Barr; totality; respondent confusion and sloppy testimony; misuse of pronouns; China; house church; misrepresentation in application

[41:02] Cui v. Garland, No. 18-72030 (9th Cir. Sept. 23, 2021)

• motion to reopen; in absentia; exceptional circumstances; appeal of in absentia removal order; immigration court mistakes; Matter of Guzman-Arguera

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