Ep. 151 - Precedential Decisions from 3/13/2023 - 3/19/2023 (Patel & jurisdiction; Federal Tort Claims Act & unlawful detention; stop-time rule & deficient Orders to Show Cause; overbroad MDMA; standards of review; Nicaraguan asylum)

Immigration Review

Abuzeid v. Mayorkas, No. 21-5002 (D.C. Cir. Mar. 17, 2023)

• Patel; jurisdiction to review APA challenge of USCIS adjustment of status denial

Kong v. U.S., No. 21-1319 (1st Cir. Mar. 15, 2023)

• Federal Tort Claims Act; FTCA; unlawful detention; repatriation agreement; INA § 242(g); habeas; Reno v. American-Arab Anti-Discrimination Committee; reasonably foreseeable; 8 C.F.R. § 241.13(i)(2); Cambodia

Garcia-Pascual v. Garland, No. 20-2529 (8th Cir. Mar. 14, 2023)

• non-LPR cancellation; hardship; Patel; mixed question of law and fact

USA v. Heard, No. 22-1380 (8th Cir. Mar. 16, 2023)

• MDMA; overbroad controlled substance; Minnesota Rules, pt 6800.4210; isomers; realistic probability test

Gutierrez-Alm v. Garland, No. 17-71012 (9th Cir. Mar. 15, 2023)

• deficient Order to Show Cause; suspension; stop-time rule; withholding, CAT protection; family members of political dissidents; suspected gang members; social distinction; Sandinista; Nicaragua

Umana-Escobar v. Garland, No. 19-70964 (9th Cir. Mar. 17, 2023)

• de novo; questions of law; nexus; administrative closure; family members hiding

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