Ep. 284 - Precedential Decisions from 9/29/2025 - 10/5/2025 (fugitive disentitlement doctrine; credibility; Mexican mental health & CAT; discretion & police reports; interpreter; particularly serious crime; crime of violence; realistic probability test)

2025-10-07

Uc Encarnacion v. Bondi, No. 22-1601 (9th Cir. Sept. 30, 2025)fugitive disentitlement doctrine; adverse credibility; demeanor not reliable; omissions; experts to use in Mexico CAT claims; OIL abandoning issue in vague footnote; Mexican mental health facilities; particularized risk of torture not overly burdensome Maurice v. Bondi, No. 21-1395 (1st Cir. Oct. 2, 2025)adjustment of status; uncorroborated police reports; failure to follow BIA precedent; uncorroborated police reports to deny discretionary relief; Arreguin; unique stop time rule arguments;

Uc Encarnacion v. Bondi, No. 22-1601 (9th Cir. Sept. 30, 2025)

fugitive disentitlement doctrine; adverse credibility; demeanor not reliable; omissions; experts to use in Mexico CAT claims; OIL abandoning issue in vague footnote; Mexican mental health facilities; particularized risk of torture not overly burdensome

Maurice v. Bondi, No. 21-1395 (1st Cir. Oct. 2, 2025)

adjustment of status; uncorroborated police reports; failure to follow BIA precedent; uncorroborated police reports to deny discretionary relief; Arreguin; unique stop time rule arguments; Rosa; fundamental fairness

Amos v. Att'y Gen. U.S., No. 22-2095 (3d Cir. Oct. 1, 2025)

due process; right to interpreter; credibility; particularly serious crime — no step two without meeting the step one elements analysis, and conspiracy; N-A-M-; exhaustion; error to deny CAT claim based on speculation; failure to identify attackers not fatal; CAT corroboration requirements; flight to Canada and return as applicant for admission; stand alone § 212(h) waiver

United States v. Campbell, No. 23-6186 (10th Cir. Sept. 30, 2025)

Oklahoma armed robbery; Borden; realistic probability test satisfied by the text; looking to similar out-of-state statutes and decisions; recklessness

Rangel-Fuentes v. Bondi, No. 23-9511 (10th Cir. Sept. 29, 2025)

no deference; Loper Bright; qualifying relative; non-LPR cancellation of removal; age out; 4,000 cap; BIA notice of appeal requirements; nexus

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