Ep. 173 - Precedential Decisions from 8/14/2023 - 8/20/2023 (CAT; under color of law; controlled substance attempted delivery; crime of violence; search of attorney cell phone at the border; credibility; termination; constitutional & regulatory violation)

Immigration Review

Intro

• ICE tweet!
• Breanna Cary shout out! - [e-mail]

Matter of J-G-R-, 28 I&N Dec. 733 (BIA 2023)

• CAT protection; under color of law; police uniforms; § 1983; official capacity; O-F-A-S-; Ninth Circuit difference

USA v. Campos, No. 21-3524 (8th Cir. Aug. 15, 2023)

• controlled substance offense; Texas Health & Safety Code § 481.112; means vs. elements; attempted delivery; Ochoa-Salgado; federal attempt definition

Green v. Garland, No. 22-2335 (8th Cir. Aug. 16, 2023)

• crime of violence; INA § 101(a)(43)(F); Hobbs Act robbery; Taylor; § 212h) review notwithstanding Patel

Malik v. DHS, No. 22-10772 (5th Cir. Aug. 17, 2023)

• with special guest Ira Kurzban!; border search; cell phone search; reasonable suspicion; injury

Kolov v. Garland, No. 22-3760 (6th Cir. Aug. 18, 2023)

• jurisdiction; final order of removal; Nasrallah; reviewability; Guzman-Chavez; withholding-only proceedings; omissions; adverse credibility

Aguayo v. Garland, No. 20-9651 (10th Cir. Aug. 18, 2023)

• termination; Matter of Garcia-Flores; prejudice; prolonged detention; egregious constitutional violation; regulatory violation

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Immigration Review® is a podcast made available for educational purposes only. It does not provide legal advice. Rather, it offers general information and insights from publicly available immigration cases. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the host. The podcast should not be used as a substitute for competent legal advice from a licensed attorney in your state.
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