Ep. 164 - Precedential Decisions from 6/12/2023 - 6/18/2023 (identity theft; denial of freedom; failure to file NTA; temporary BIA members; good moral character; 212(h) waiver; egregious arrest; credibility; methamphetamine)

Immigration Review

Dubin v. United States, No. 22-10 (U.S. June 12, 2023)

• identity theft; use; in relation to; statutory titles; “aggravated”; statutory interpretation; over-criminalization

Odei v. Garland, No. 21-1315 (1st Cir. June 15, 2023)

• denial of freedom; withholding of removal; nexus; taking land; Chieftain; Ghana

Alexandre-Matias v. Garland, No. 21-60798 (5th Cir. June 13, 2023)

• in absentia motion to reopen; due process; I-213; failure to file NTA; claims processing rule

Medina Carreon v. Garland, No. 21-60391 (5th Cir. June 15, 2023)

• temporary BIA member; ultra vires; 8 C.F.R. § 1003.1(a)(4); improper appointment of Acting Attorney General; cock fighting; good moral character; Castillo Perez

Medley v. Garland, No. 20-3079 (2d Cir. June 15, 2023)

• ICE arrest; egregious regulatory or constitutional violation; termination with prejudice where removability established

King v. Garland, No. 22-2166 (8th Cir. June 14, 2023)

• INA § 212(h) waiver; jurisdiction; reweighing evidence; Patel

Zongo v. Garland, No. 21-3847 (8th Cir. June 16, 2023)

• credibility; affidavit inconsistencies; Burkina Faso; exhaustion

Rincon Barbosa v. Garland, No. 22-1655 (8th Cir. June 14, 2023)

• divisibility; modified categorical approach; jury instructions; Kan. Stat. Ann. § 21-5706(a); same punishment; Kansas definition of methamphetamine

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