Immigration Review
Ep. 15 - Precedential Decisions from 8/3/20 - 8/9/20 (aggravated felony offense relating to obstruction of justice, Matter of A-B-, domestic violence, Chevron deference, in absentia motions to reopen, TPS, crime of child abuse, circuit review)
Chapters
00:01:55
Valenzuela Gallardo v. Barr (9th Cir. Aug. 6, 2020)
00:08:50
Diaz-Reynoso v. Barr (9th Cir. Aug. 7, 2020)
00:17:05
Davila v. Barr (9th Cir. Aug. 7, 2020)
00:20:56
Matter of Nivelo Cardenas, 28 I&N Dec. 68 (BIA 2020)
00:24:41
Machado Sigaran v. Barr (1st Cir. Aug. 5, 2020)
00:28:53
Antonio Garcia v. Barr (5th Cir. Aug. 4, 2020)
00:34:52
Cuevas-Nuno v. Barr (6th Cir. Aug. 7, 2020)
00:39:06
Galeano-Romero v. Barr (10th Cir. Aug. 4, 2020)
Immigration Review
Ep. 15 - Precedential Decisions from 8/3/20 - 8/9/20 (aggravated felony offense relating to obstruction of justice, Matter of A-B-, domestic violence, Chevron deference, in absentia motions to reopen, TPS, crime of child abuse, circuit review)
Aug 09, 2020 Season 1 Episode 15
Kevin A. Gregg, Esq. (kgregg@kktplaw.com)

Cases as discussed in order:

[01:55] Valenzuela Gallardo v. Barr, No. 18-72593 (9th Cir. Aug. 6, 2020)

  • INA § 101(a)(43)(S) aggravated felony “offense relating to obstruction of justice”; law of the case doctrine; “relating to”; Chevron deference

[08:50] Diaz-Reynoso v. Barr, No. 18-72833 (9th Cir. Aug. 7, 2020)

  • asylum; withholding of removal; torture protection; Mexico; Matter of A-B-; particular social group - circularity 

[17:05] Davila v. Barr, No. 17-72173 (9th Cir. Aug. 7, 2020)

  • asylum; domestic violence; Nicaragua; unable or unwilling to protect; cherry picking the record

[20:56] Matter of Nivelo Cardenas, 28 I&N Dec. 68 (BIA 2020)

  • motion to reopen; in absentia; address requirement; duty to ensure correct information in NTA

[24:41] Machado Sigaran v. Barr, No. 19-1282 (1st Cir. Aug. 5, 2020)

  • temporary protected status (TPS); no-notice motion to reopen; appellate review; circuit review

[28:53] Antonio Garcia v. Barr, No. 19-60097 (5th Cir. Aug. 4, 2020) 

  • sexual assault of a child; crime of child abuse; INA § 237(a)(2)(E)(i); Chevron deference

[34:52] Cuevas-Nuno v. Barr, No. 20-3034 (6th Cir. Aug. 7, 2020)

  • issue exhaustion; motion to reopen; extraordinary circumstances vs. sua sponte; circuit review

[39:06] Galeano-Romero v. Barr, No. 19-9585 (10th Cir. Aug. 4, 2020)

  • non-LPR cancellation of removal; exceptional and extremely unusual hardship; jurisdiction to review factual findings


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