Immigration Review Ep. 304 - Precedential Decisions from 2/16/2026 - 2/22/2026 (aggravated felony rape; remand for biometrics; failure to report harm; conversion from Islam to Russian Orthodox; in absentia MTR; IAC; exhaustion; asylum despite adverse credibility)
Barrie v. U.S. Att'y Gen., No. 24-12504 (11th Cir. Feb. 19, 2026)
- aggravated felony rape definition; statutory interpretation; rule against superfluity; review of comparable federal statutes; attempted sexual abuse in violation of D.C. Code § 22-3002(a)(1); digital penetration
Matter of L-S-C-R-, 29 I&N Dec. 451 (BIA 2026)
- remand for biometrics checks; interests of finality; 8 C.F.R. § 1003.47(h)
Matter of F-B-A-, 29 I&N Dec. 456 (BIA 2026)
- failure to report harm; C-G-T-; conversion from Islam to Russian Orthodox Church; reasonable relocation; unable or unwilling; acquiesce, relocation, and CAT
Irias v. Bondi, No. 25-1419 (8th Cir. Feb. 17, 2026)
- in absentia motion to reopen based on ineffective assistance of counsel; self reporting IAC; strict Lozada compliance
Cante Mijangos v. Bondi, No. 25-1267 (1st Cir. Feb. 18, 2026)
- issue exhaustion; sexual abuse type asylum claim; nexus
Khanal v. Bondi, No. 14-1572 (1st Cir. Feb. 18, 2026)
- asylum, withholding, and CAT grant despite adverse credibility; failure to consider evidence; credible death threats; Maoist extortion; Nepal
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