Immigration Review

Ep. 151 - Precedential Decisions from 3/13/2023 - 3/19/2023 (Patel & jurisdiction; Federal Tort Claims Act & unlawful detention; stop-time rule & deficient Orders to Show Cause; overbroad MDMA; standards of review; Nicaraguan asylum)

March 20, 2023
Immigration Review
Ep. 151 - Precedential Decisions from 3/13/2023 - 3/19/2023 (Patel & jurisdiction; Federal Tort Claims Act & unlawful detention; stop-time rule & deficient Orders to Show Cause; overbroad MDMA; standards of review; Nicaraguan asylum)
Show Notes Chapter Markers

Abuzeid v. Mayorkas, No. 21-5002 (D.C. Cir. Mar. 17, 2023)

  • Patel; jurisdiction to review APA challenge of USCIS adjustment of status denial

 


Kong v. U.S., No. 21-1319 (1st Cir. Mar. 15, 2023)

  • Federal Tort Claims Act; FTCA; unlawful detention; repatriation agreement; INA § 242(g); habeas; Reno v. American-Arab Anti-Discrimination Committee; reasonably foreseeable; 8 C.F.R. § 241.13(i)(2); Cambodia

 


Garcia-Pascual v. Garland, No. 20-2529 (8th Cir. Mar. 14, 2023)

  • non-LPR cancellation; hardship; Patel; mixed question of law and fact

 


USA v. Heard, No. 22-1380 (8th Cir. Mar. 16, 2023)

  • MDMA; overbroad controlled substance; Minnesota Rules, pt 6800.4210; isomers; realistic probability test

 


Gutierrez-Alm v. Garland, No. 17-71012 (9th Cir. Mar. 15, 2023)

  • deficient Order to Show Cause; suspension; stop-time rule; withholding, CAT protection; family members of political dissidents; suspected gang members; social distinction; Sandinista; Nicaragua 

 


Umana-Escobar v. Garland, No. 19-70964 (9th Cir. Mar. 17, 2023)

  • de novo; questions of law; nexus; administrative closure; family members hiding

 


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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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Abuzeid v. Mayorkas (D.C. Cir. Mar. 17, 2023)
Kong v. U.S. (1st Cir. Mar. 15, 2023)
Garcia-Pascual v. Garland (8th Cir. Mar. 14, 2023)
USA v. Heard (8th Cir. Mar. 16, 2023)
Gutierrez-Alm v. Garland (9th Cir. Mar. 15, 2023)
Umana-Escobar v. Garland (9th Cir. Mar. 17, 2023)