Immigration Review

Ep. 148 - Precedential Decisions from 2/21/2023 - 2/27/2023 (drug trafficking aggravated felony; divisibility; elements vs. means; controlled substance list; extreme recklessness; mens rea; crime of violence)

February 27, 2023
Immigration Review
Ep. 148 - Precedential Decisions from 2/21/2023 - 2/27/2023 (drug trafficking aggravated felony; divisibility; elements vs. means; controlled substance list; extreme recklessness; mens rea; crime of violence)
Show Notes Chapter Markers

Harbin v. Sessions, 860 F.3d 58 (2d Cir. 2017) 

  • drug trafficking aggravated felony; INA § 101(a)(43)(B); categorical approach; divisibility; NYPL § 220.31; controlled substance list; NYPL § 220.00(5); criminal sentence; double jeopardy; jury instructions as last resort; "specify"

 


USA v. Brasby, No. 21-1537 (3d Cir. Feb. 23, 2023) 

  • N.J. Stat. Ann. § 2C:12-1(b)(1); extreme recklessness; crime of violence; Borden; mens rea divisibility in New Jersey; multidistrict analysis 





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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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Harbin v. Sessions (2d Cir. 2017)
USA v. Brasby (3d Cir. Feb. 23, 2023)