Ep. 130 - Precedential Decisions from 10/17/2022 - 10/23/2022 (withholding of removal; imputed gang member; CAT protection - government actors, gang-police officers, legislative history, under color of law standard, and willful blindness; credibility)

Immigration Review

Chavez v. Garland, No. 21-1267 (1st Cir. Oct. 21, 2022)

• withholding of removal; imputed political opinion; imputed particular social group; imputed gang member; Matter of E-A-G-; Chevron Step 2; CAT; willful blindness; MS-13; El Salvador

H.H. v. Garland, No. 21-1150 (1st Cir. Oct. 21, 2022)

• CAT protection; acquiescence; willful blindness test; mixed question of law and fact; experts; Matter of S-V-; CAT regulations; legislative history; private actors as government actors; under color of law; Fourteenth Amendment; MS-13; El Salvador; Honduras

Dong v. Garland, No. 16-70543 (9th Cir. Oct. 19, 2022)

• credibility; omission; inconsistency between written statement and testimony; interrogation; demeanor; household registration document

De Leon Lopez v. Garland, No. 20-71529 (9th Cir. Oct. 21, 2022)

• CAT; government acquiescence; agency deference; speculation; substantial evidence; relocation; government actor; police officers as gang members; Guatemala

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