Ep. 189 - Precedential Decisions from 12/4/2023 - 12/10/2023 (final order of removal & withholding; nexus: religion, domestic violence & witches; reasonable relocation; drug offenses; aggravated felony: sexual abuse of a minor & crime of violence)

Immigration Review

Argueta-Hernandez v. Garland, No. 22-60307 (5th Cir. Dec. 5, 2023)

• untimely petition for review; withholding; final order; Bhaktibhai-Patel; Nasrallah; panel rehearing; claims processing rule; Santos-Zacaria; death threats alone; one central reason; a reason; nexus; government says leave country; willful blindness; MS-13; El Salvador; Villarreal

Singh Bhagtana v. Garland, No. 20-1673 (2d Cir. Dec. 5, 2023)

• reasonable relocation; DHS burden; Bharatiya Janata Party (“BJP”); Shiromani Akali Dal Amritsar (“Mann”) Party; India

United States v. Chaires, No. 20-4162 (2d Cir. Dec. 7, 2023)

• Minter; N.Y. Penal Law § 220.39(1); cocaine isomer; controlled substance offense; failure to argue below; categorical approach

Aguilar-Sanchez v. Garland, No. 22-3598 (8th Cir. Dec. 4, 2023)

• sexual abuse of a minor aggravated felony: conduct and mens rea; Esquivel-Quintana; Minn. Stat. § 609.324, subd. 1(b)(3); Matter of Rodriguez-Rodriguez

Mwendapeke v. Garland, No. 22-2383 (7th Cir. Dec. 7, 2023)

• complicity to robbery in the first degree in violation of KY. Rev. Stat. §§ 502.020 & 515.020, 515.020; generic definition of aiding and abetting; act through omission; verbal aiding and abetting; violent force; Taylor

Sebastian-Sebastian v. Garland, No. 23-0267 (6th Cir. Dec. 8, 2023)

• nexus; inextricably intertwined; mixed motive; Chuj women unable to leave; witches; humanitarian asylum; Guatemala

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