Immigration Review

Ep. 162 - Precedential Decisions from 5/29/2023 - 6/4/2023 (antique firearms; realistic probability; receipt of stolen property; extortion in El Salvador; untimely PFR; voluntary departure; deficient NTA in absentia motion to reopen; misrep in NTA)

June 05, 2023
Immigration Review
Ep. 162 - Precedential Decisions from 5/29/2023 - 6/4/2023 (antique firearms; realistic probability; receipt of stolen property; extortion in El Salvador; untimely PFR; voluntary departure; deficient NTA in absentia motion to reopen; misrep in NTA)
Show Notes Chapter Markers
Portillo v. DHS, No. 22-1383 (1st Cir. May 30, 2023)

  • firearms offense; INA § 237(a)(2)(C); defacing or receiving a firearm with a defaced serial number in violation of Mass. Gen. Law ch. 269, § 11C; realistic probability test; affirmative defense
 


Khan v. Garland, No. 21-60146 (5th Cir. May 30, 2023)

  • receipt of stole property; INA § 101(a)(43)(G); 18 Pa. Cons. Stat. § 3925(a); mens rea; use of the word alien
 


Granados Arias v. Garland, No. 22-2148 (7th Cir. May 31, 2023)

  • extortion; well-founded fear; nexus; nexus for withholding; harmless error; family living safely in country; Mara 18; El Salvador
 


Salgado v. Garland, No. 21-1864 (4th Cir. May 31, 2023)

  • untimely petition for review; final order of removal; finality of decision when matter is remanded for consideration of voluntary departure; 30 day jurisdictional requirement
 


Nivelo Cardenas v. Garland, No. 20-60778 (5th Cir. June 2, 2023)

  • deficient NTA; no-notice motion to reopen; in absentia; misspelled address; challenging presumption of regularity; rule of orderliness with deference to panel decisions; government misrepresentation in NTA




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Portillo v. DHS (1st Cir. May 30, 2023)
Khan v. Garland (5th Cir. May 30, 2023)
Granados Arias v. Garland (7th Cir. May 31, 2023)
Salgado v. Garland (4th Cir. May 31, 2023)
Nivelo Cardenas v. Garland (5th Cir. June 2, 2023)