Ep. 55 - Precedential Decisions from 5/10/2021 - 5/16/2021 (derivative citizenship; in absentia motion to reopen; extraordinary circumstances; preconclusion voluntary departure; evidence of conviction; termination of asylum and "danger"; past persecution)

Immigration Review

[2:22] Cheneau v. Garland, No. 15-70636 (9th Cir. May 13, 2021) (en banc)

• derivative citizenship; former INA § 321(a)(5) (repealed); statutory interpretation; cannon against superfluity; cannon when Congress uses language it omits elsewhere; Congressional intent; family unity; history of the INA

[11:37] Hernandez-Galand v. Garland, No. 17-70538 (9th Cir. May 12, 2021)

• motion to reopen; in absentia; INA § 240(b)(5)(C)(i); exceptional circumstances; totality of circumstances; persuasiveness of affidavit

[18:21] Blanc v. U.S. Att'y Gen., No. 19-12508 (11th Cir. May 11, 2021)

• Pre-conclusion voluntary departure under INA § 240B(a); jurisdiction; BIA authority; factfinding; discretion; Patel and Kurapati

[24:48] Nguyen v. Garland, No. 19-60342 (5th Cir. May 12, 2021)

• conviction; INA § 101(a)(43)(A); criminal alien jurisdictional bar; unsigned documents

[28:45] Mirza v. Garland, No. 20-60132 (5th Cir. May 12, 2021)

• termination of asylum; INA § 212(b)(2)(A)(iv); Matter of A-H-; probable cause standard; danger; reasonable grounds; Mohajir Quami Movement (MQM); Chevron deference

[36:18] Thayalan v. Att’y Gen. U.S., No. 20-2270 (3d Cir. May 10, 2021)

• past persecution; asylum; pattern of mistreatment; extortion; Matter of A-B- II, Sri Lanka; Tamil

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