Ep. 192 - Precedential Decisions from 12/26/2023 - 12/31/2023 (particular social group - circularity, distinction, criminal motives & nexus; Mendez Rojas class; sue sponte; crime of violence; abandonment, R-C-R- & good cause)

Espinoza-Ochoa v. Garland,  No. 21-1431 (1st Cir. Dec. 27, 2023)

• particular social group; social distinction; circularity; farmers; nexus; mixed motive; one central reason; retribution; criminal motives transforming into protected ground; revenge; gangs; Guatemala

 

Pascual-Miguel v. Garland, No. 20-2397 (8th Cir. Dec. 27, 2023)

• ineffective assistance of counsel; prejudice; nexus; Mendez Rojas Class Settlement; untimely asylum application 

 

Essel v. Garland, No. 22-2615 (8th Cir. Dec. 28, 2023)

• sua sponte motion to reopen; equitable tolling; 3-year residency requirement for naturalization; exhaustion

 

Rodriguez-Hernandez v. Garland, No. 21-456 (9th Cir. Dec. 27, 2023)

• crime of violence; harassment in violation of Wash. Rev. Code 9A.46.020(1); realistic possibility; other state crimes; divisibility; force against property; graffiti; CAT; Mexico

 

Alcarez-Rodriguez v. Garland, No. 21-411 (9th Cir. Dec. 28, 2023)

• motion to remand for new evidence; reasonably available evidence; denial of relief as abandoned; missed filing deadline; good cause standard; Matter of R-C-R-; transgender HIV positive; Mexico

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