Ep. 49 - Precedential Decisions from 3/29/2021 - 4/4/2021 (aggravated felony; statutory interpretation; CIMT - conspiracy, operating motor vehicle, and theft offenses; divisibility; res judicata; EAJA fees)

Immigration Review

[2:13] Hylton v. U.S. Att’y Gen., No. 19-14825 (11th Cir. Mar. 31, 2021)

• aggravated felony; INA § 237(a)(2)(A)(iii); statutory interpretation; denaturalization; Chevron and Brand-X deference; rule of lenity; prior-construction canon

[9:47] Matter of Al Sabsabi, 28 I&N Dec. 269 (BIA 2021)

• CIMT; impairing government functions; conspiracy, underlying offense; 18 U.S.C. § 371; selling counterfeit currency in violation of 18 U.S.C. § 473; divisibility

[14:56] Matter of Vucetic, 28 I&N Dec. 276 (BIA 2021)

• CIMT; DUI; unlicensed operation of a motor vehicle in violation of New York Vehicle & Traffic Law § 511(3)(a)(i); mens rea; recklessness; realistic probability test

[21:48] Cruz Rodriguez v. Garland, No. 19-60456 (5th Cir. Apr. 1, 2021)

• res judicata; Texas robbery; nucleus of operative facts

[27:53] Meza-Vazquez v. Garland, No. 15-72672 (9th Cir. Apr. 1, 2021)

• Equal Access to Justice Act (“EAJA”); 28 U.S.C. § 2412(d); substantially justified; asylum; LGBT; Mexico

[32:30] Silva v. Garland, No. 16-70130 (9th Cir. Mar. 30, 2021)

• CIMT; petty theft; Cal. Pen Code § 484(a); categorical approach; changed country condition motions to reopen; Philippines; retroactivity; Matter of Diaz Lizzaraga

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