Ep. 146 - Precedential Decisions from 2/7/2023 - 2/13/2023 (torture; withholding - corroboration & credibility; nexus - family, gangs, extortion & revenge; deficient exclusion proceedings; divorce in Virginia & Ghana; good moral character; Patel)

Immigration Review

Hernandez-Martinez v. Garland, No. 21-1448 (1st Cir. Feb. 2, 2023)

• CAT; torture definition; single act; single incident; business owners in Guatemala who have high profit; severity of harm

Aguilar-Escoto v. Garland, No. 18-1590 (1st Cir. Feb. 7, 2023)

• withholding of removal notwithstanding adverse credibility finding; corroboration; failure to consider evidence; domestic violence; Honduras; de novo review of past persecution; Patel

Barnica-Lopez v. Garland, No. 21-1313 (1st Cir. Feb. 8, 2023)

• nexus; one central reason; family membership; revenge; W-Y-C- & H-O-B-; Honduras

Matter of J-L-L-, 28 I&N Dec. 684 (BIA 2023)

• deficient case initiating document; Form I-122; exclusion; Niz-Chavez and Pereira; non-LPR cancellation of removal

Adjei v. Mayorkas, No. 21-1615 (4th Cir. Feb. 7, 2023)

• Virginia divorce law; domicile in foreign country; Ghana marriage and divorce law; comity; Full Faith and Credit

Mohndamenang v. Garland, No. 21-60380 (5th Cir. Feb. 6, 2023)

• corroboration; Matter of L-A-C-; affidavits; Cameroon

Hernandez v. Garland, No. 22-3120 (6th Cir. Feb. 6, 2023)

• good moral character; Patel; Guerro Lasprilla; weighing evidence; mixed question of law and fact; non-LPR cancellation; DUI; Castillo-Perez

Islas-Saldana v. Garland, No. 22-1366 (8th Cir. Feb. 7, 2023)

• motion to reconsider; administrative closure; abuse of discretion

Aguilar Montecinos v. Garland, No. 21-2333 (8th Cir. Feb. 10, 2023)

• nexus; fear of gangs; power of MS-13; extortion as persecution; Honduras; Chenery ; harmless error

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