Ep. 87 - Precedential Decisions from 12/20/2021 - 12/26/2021 (political persecution in Congo; VAWA motion to reopen; criminal bars to cancellation; habeas, in custody, and deportation; due process; CIMT and marijuana)

Immigration Review

[2:13] Nsimba v. Att’y Gen. U.S., No. 20-3565 (3d Cir. Dec. 22, 2021)

• pattern or practice of persecution; well-founded fear; similarly situated family members; Union for Democracy and Social Progress; summons vs. arrest warrant; corruption & persecution; difficulty obtaining evidence; physical harm not required; reasonable relocation; Congo

[9:13] Yasin v. Att'y Gen. U.S., No. 20-2509 (3d Cir. Dec. 20, 2021)

• VAWA motion to reopen; INA § 240(c)(7)(C)(iv)(III); discretion; INA § 242(a)(2)(B)(ii)

[14:03] Ramirez-Medina v. Garland, No. 16-73325 (9th Cir. Dec. 22, 2021)

• non-LPR cancellation of removal; INA § 240A(b)(1)(C); multiple offenses; statutory interpretation; use of the singular; Dictionary Act; Pereida

[17:49] Argueta Romero v. DHS, No. 20-12487 (11th Cir. Dec. 20, 2021)

• jurisdiction; “in custody”; habeas; INA § 242(a)(5); INA § 101(g); self-removal; statutory interpretation & lenity; Chevron deference; 8 U.S.C. § 1326; definition of deportation

[29:39] Rodriguez-Jimenez v. Garland, No. 21-70064 (9th Cir. Dec. 21, 2021)

• due process; remand; prejudice; reviewing BIA decisions

[33:08] Walcott v. Garland, No. 18-70393 (9th Cir. Dec. 22, 2021)

• CIMT; small amount of marijuana; least culpable conduct; drug trafficking; evolving definition of CIMT; societal norms; deference to CIMT definition; divisibility

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