Ep. 153 - Precedential Decisions from 3/27/2023 - 4/2/2023 (EAJA fees; administrative closure; crime of violence; loss over $10,000; conspiracy; restitution; rental car agreements; mental state; accomplice liability in Washington State)

Nkenglefac v. Garland,  No. 19-60647 (5th Cir. Mar. 28, 2023) 

• Equal Access to Justice Act (EAJA); substantially justified; evidence not in record; adverse credibility; paralegal fees

Garcia v. Garland, No. 20-1641 (2d Cir. Mar. 31, 2023) 

• administrative closure; deference to the Attorney General; Castro-Tum; Cruz Valdez; regulatory interpretation; ambiguity; retroactive effect

United States v. Williams, No. 20-7131 (4th Cir. Mar. 27, 2023) 

• crime of violence; sodomy-threat theory; Va. Code § 18.2-58; deference to state supreme court; U.S. v. Eldridge (CA2); kidnapping in violation of N.Y. Pen. Law § 135.20; USA v. Huerta-Rodriguez (CA5); INA § 101(a)(43)(O) 

Khalulyan v. Garland, No. 21-70909 (9th Cir. Mar. 30, 2023) 

• INA § 101(a)(43)(M)(i); § 101(a)(43)(U); loss over $10,000; sentence enhancement consideration; 18 U.S.C. § 1029(b)(2); credit card skimming; circumstance specific; conspiracy; potential loss; restitution 

Al-Adily v. Garland, No. 22-3432 (6th Cir. Mar. 30, 2023) 

• Mich. Comp. Laws § 750.362a(3)(a); INA § 101(a)(43)(M)(i); loss over $10,000; restitution in Michigan ; circumstance specific; clear and convincing evidence;  rental car agreement; punishment

Alfred v. Garland, No. 19-72903 (9th Cir. Mar. 30, 2023) (en banc) 

• U.S. v. Valdivia Flores; INA § 101(a)(43)(G); categorical approach; federal generic accomplice liability; robbery in violation of Wash. Rev. Code § 9A.56.190; state survey; Duenas-Alvarez; example of indivisible mens rea

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