Ep. 128 - Precedential Decisions from 10/3/2022 - 10/9/2022 (doctrine of consular nonreviewability; CAT - waiver of claim & credibility; exhaustion & due process; pro se rights; § 212(c); conditional LPRs & § 237(a)(1)(H))

Munoz v. DOS, et al., No. 21-55365 (9th Cir. Oct. 5, 2022)

• doctrine of consular nonreviewability; Immigrant Visa; tattoos; facially legitimate bonafide reason; timely notification; Due Process

 

Cordero-Chavez v. Garland, No. 21-60370 (5th Cir. Oct. 4, 2022)

• credibility; CAT protection; inconsistency; CAT box; waiver of CAT claim; Eduard v. Ashcroft

 

Ndifon v. Garland, No. 20-60997 (5th Cir. Oct. 4, 2022)

• CAT protection notwithstanding adverse credibility finding; failure to consider evidence; Anglophone; Cameroon

 

Cante-Lopez v. Garland, No. 21-1922 (1st. Cir. Oct. 5, 2022)

• exhaustion; failure to make argument; pro se; severity of harm; family membership; BIA decision without opinion; Guatemala

 

Dorce v. Garland, No. 21-1336 (1st Cir. Oct. 3, 2022)

• due process; prejudice; notice of hearing; likely to affect; LPR cancellation of removal; criminal history

 

Reyes-Batista v. Garland, No. 21-1111 (1st Cir. Oct. 7, 2022)

• former INA § 212(c) relief; nunc pro tunc; imputed domicile; equitable estoppel; affirmative misconduct

 

Matter of Bador, 28 I&N Dec. 638 (BIA 2022)

• INA § 237(a)(1)(H) waiver; conditional permanent resident; INA § 216(c)(4)(B); I-751; Vasquez v. Holder; bonafide marriage

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