Ep. 165 - Precedential Decisions from 6/19/2023 - 6/25/2023 (standing; prosecutorial discretion; obstruction of justice; jurisdiction - motion to remand and continuance; CIMT; reprehensible conduct; nexus; MS-13; frivolous asylum finding)

Immigration Review

United States v. Texas, No. 22-58 (U.S. June 23, 2023)

• State standing to challenge Executive action; prosecutorial discretion; redressability; historical analysis

Pugin v. Garland, No. 22-23 (U.S. June 22, 2023)

• relating to obstruction of justice; INA § 101(a)(43)(S); aggravated felony; relating to; dictionaries; Congressional intent

Figueroa Ochoa v. Garland, No. 20-72510 (9th Cir. June 20, 2023)

• INA 242(a)(2)(B)(i); Patel; non-LPR cancellation; vacated conviction; continuance; question of fact; Kucana; motion to remand

Giron-Molina v. Garland, No. 22-6243 (2d Cir. June 20, 2023)

• CIMT; Arkansas Code Ann. § 5-60-101; reprehensible conduct; abuse of a corpse; realistic probability test; divisibility

A.G. v. Garland, No. 22-1499 (4th Cir. June 23, 2023)

• nexus; family membership; extortion; gang recruitment; harm to applicant rather than family; ignoring testimony; revenge killing; CAT; failure to report to police; MS-13; El Salvador

Farnum v. Garland, No. 22-9526 (10th Cir. June 21, 2023)

• frivolous asylum filing; INA § 208(d)(6); 8 C.F.R. § 1208.20(a); regulatory interpretation; final agency decision

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