Ep. 72 - Precedential Decisions from 9/6/2021 - 9/12/2021 (detention; Joseph hearing; habeas; crimes of violence; divisibility; post-conviction relief; CIMT; crime of child abuse, abandonment, or neglect; mental health; reinstatement; credibility)

Immigration Review

[2:02] Gayles v. Warden, et al., No. 19-3241 (3d Cir. Sept. 3, 2021)

• mandatory detention; due process; Joseph hearing; burdens; INA § 242(f)(1)

[7:59] Farah v. U.S. Att’y Gen., No. 19-12462 (11th Cir. Sept. 8, 2021)

• prolonged detention; habeas; INA § 241(a); Akinwale; controlled substance; Minn. Stat. §§ 152.025, 609.222; aggravated felony crime of violence; Matter of Jean; refugee adjustment § 209; “reasoned consideration”; withholding & CAT; Somalia

[19:21] Talamantes-Enriquez v. U.S. Att'y Gen., No. 19-15080 (11th Cir. Sept. 9, 2021)

• aggravated felony; crime of violence; physical force; divisibility; charging document; post-conviction relief; ignoring state court judge actions

[26:55] Sasay v. Att’y Gen. U.S., No. 20-1273 (3d Cir. Sept. 10, 2021)

• CIMT; intent to defraud; divisibility; Matter of Serna; 18 U.S.C. § 1028A(a); aiding and abetting

[31:19] Marquez v. Garland, No. 18-3363 (2d Cir. Sept. 7, 2021)

• crime of child abuse, neglect, or abandonment; Matter of Soram; retroactivity; N.Y. Pen. L. § 260.10(1)

[35:55] Diaz-Rodriguez v. Garland, No. 13-73719 (9th Cir. Sept. 10, 2021)

• crime of child abuse, neglect, or abandonment; unitary concept; criminal negligence; Matter of Soram; Cal. Pen. Code § 273a(a); Chevron ; statutory interpretation; deference to panel

[43:41] Benedicto v. Garland, No. 18-73237 (9th Cir. Sept. 9, 2021)

• mental illness; mental health; Matter of M-A-M-; Matter of M‑J-K-; due process; qualified representative; termination; CAT; Dominican Republic

[48:43] Iraheta-Martinez v. Garland, No. 18-72692 (9th Cir. Sept. 7, 2021)

• withholding-only; due process; reinstatement; exhaustion; futility; constitutional claims; statutory interpretation; “notwithstanding clause”; MS-13; LGBTQ; gang opposition; El Salvador

[55:33] Alam v. Garland, No. 19-72744 (9th Cir. Sept. 8, 2021) (en banc)

• credibility; “single factor rule”; totality of the circumstances; lie

[59:03] Etemadi v. Garland, No. 18-72318 (9th Cir. Sept. 9, 2021)

• law-of-the-case; credibility; inconsistencies; falsus in uno, falsus in omnibus; error of fact; document authenticity; CAT; affidavits; Christianity; Iran; waiver/exhaustion; changed conditions; frivolous finding

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