Ep. 177 - Precedential Decisions from 9/11/2023 - 9/17/2023 (reasonable possibility standard; stop-time rule; parole; CIMT - NY retroactivity & receipt of stolen property; NJ Disorderly Conduct; Salvadoran business owners; voluntary departure)

Immigration Review

Hermosillo v. Garland, No. 18-71220 (9th Cir. Sept. 14, 2023)

• reasonable fear interview; reasonable possibility standard; 10%; credible testimony satisfies nexus and police acquiesce

Rudnitskyy v. Garland, No. 21-1098 (9th Cir. Sept. 14, 2023)

• “rendered inadmissible”; INA § 240A(d)(1)(B); cancellation of removal; stop-time rule; Barton

Matter of Cabrera-Fernandez, 28 I&N Dec. 747 (BIA 2023)

• humanitarian parole under INA § 212(d)(5)(A); conditional parole under INA § 236(a)(2)(B); Jennings; applicant for admission; Cuban Adjustment Act

Peguero Vasquez v. Garland, No. 21-6380 (2d Cir. Sept. 13, 2023)

• possession of a forged instrument under N.Y. Pen. Law § 170.20; retroactivity; N.Y. Pen. Law. § 70.15(1-a); CIMT; one year term of imprisonment; vacatur of conviction (dicta)

Avila v. Att’y Gen. U.S., No. 22-1374 (3d Cir. Sept. 14, 2023)

• N.J. Stat. § 2C:20-4(a); CIMT; Matter of S. Wong; definition of conviction under INA § 101(a)(48)(A); Chevron; Castillo; sexual violence asylum claims; Honduras; A-R-C-G-

Munoz-De Zalaya v. Garland, No. 22-60505 (5th Cir. Sept. 12, 2023)

• Salvadoran business owners; nexus; particular social group; gangs; El Salvador; deficient NTA; Santos-Zacaria; exhaustion

Solis-Flores v. Garland, No. 22-1147 (4th Cir. Sept. 11, 2023)

• receipt of stolen property CIMT; VA Code § 18.2-108; realistic probability test; post conclusion voluntary departure; 8 C.F.R. § 1240.26(c)(3)(i); timing to advise voluntary departure bond

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Immigration Review® is a podcast made available for educational purposes only. It does not provide legal advice. Rather, it offers general information and insights from publicly available immigration cases. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the host. The podcast should not be used as a substitute for competent legal advice from a licensed attorney in your state.
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