Ep. 48 - Precedential Decisions from 3/22/2021 - 3/28/2021 (controlled substance; divisibility; burdens; affidavits; presumption of delivery; aggravated felony - drug trafficking and illegal reentry; reinstatement; particular social groups; mental health)

Immigration Review

[2:40] Alejos-Perez v. Garland, No. 19-60256 (5th Cir. Mar. 22, 2021)

• law relating to a controlled substance; INA § 237(a)(2)(B)(i); Texas Health and Safety Code § 481.1161(a); divisibility; ambiguity; burdens; drugs as elements; jury instructions; different punishments; intermediate state court decisions

[10:33] Njilefac v. Garland, No. 20-60520 (5th Cir. Mar. 24, 2021)

• affidavits; presumption of delivery; due process; motion to reconsider

[14:54] Lopez-Chavez v. Garland, No. 18-3735 (8th Cir. Mar. 22, 2021)

• aggravated felony; Moncrieffe v. Holder; INA § 101(a)(43)(O); INA § 101(a)(43)(B); 8 U.S.C. § 1326; § 1325; illegal reentry; small amount of marijuana; retroactivity

[25:01] Gutierrez-Gutierrez v. Garland, No. 18-2034 (8th Cir. Mar. 22, 2021)

• reinstatement; procedurally lawful admission; Matter of Quilantan; motion to reopen; jurisdiction; gross miscarriage of justice

[30:03] Acevedo v. Garland, No. 19-72381 (9th Cir. Mar. 24, 2021)

• particular social group; particularity; intellectual disability; subgroups; psychological reports; social distinction; relevant society; asylum; El Salvador

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