Immigration Review: Recent Episodes
Kevin A. Gregg, Esq. (kgregg@kktplaw.com)
A weekly podcast of immigration case summaries and practice insights from your host, Kevin A. Gregg, a partner at the law firm Kurzban Kurzban Tetzeli & Pratt P.A.
Each Monday, the Immigration Review podcast reviews the latest published opinions from the U.S. Supreme Court, the Board of Immigration Appeals, and all U.S. Circuit Courts of Appeals—discussing some in depth, providing holdings for others, and always giving practical insights, rummaging through the week’s decisions so you don’t have to.
*Read about your host and the KKTP law firm here: https://www.kktplaw.com/attorney/gregg-kevin-a/
Rodriguez Vazquez, et al. v. Bostock, et al., No. 25-6842 (9th Cir. July 30, 2026)
- class action; no mandatory detention for EWIs; Hurtado; seeking admission; INA § 235(a)(2)(B); Laken Riley Act; applicant for admission entry; canon against superfluity
Cirrus Rojas v. Olson, et al., No. 25-3127 (7th Cir. July 30, 2026)
- mootness; deemed; no mandatory detention for EWIs; Hurtado; seeking admission; INA § 235(a)(2)(B); applicant for admission entry; canon of constitutional avoidance; plain text
Matter of A-L-S-, 29 I&N Dec. 794 (BIA 2026)
- bond; flight risk; speculative relief; clear error review; long time residence and employment in U.S. as negative factors for bond
Matter of L-L-R-, 29 I&N Dec. 799 (BIA 2026)
- good moral character; possibly alien smuggling even if dropped off at the border; Al Otro Lado; INA § 101(f)(3);
Matter of A-W-M-K-, 29 I&N Dec. 805 (BIA 2026)
- bond; flight risk; USCIS decision as evidence; speculative relief; suspected human right violations; Afghanistan
United States v. Lopez, No. 24-3268 (9th Cir. July 28, 2026)
- Cal. Pen. Code § 273.5; crime of violence; Borden; Gomez; mens rea and use of force; recklessness; general intent crimes; assault; battery; use of “willful” in statute not determinative
Perez-Hernandez v. Blanche, No. 25-3592 (6th Cir. July 28, 2026)
- motion to suppress; egregious constitutional violate; race-based stop; Miranda warnings; intra familial dispute in Guatemala; nexus; relocation for CAT
Kim v. Blanche, No. 24-2042 (1st Cir. July 30, 2026)
- sua sponte motion to reopen; conviction vacatur; citation to vacatur statute alone sufficient to establish procedural or substantive defect; Super. Ct. R. Crim P. 11
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
eimmigration
"Immigration law software you’ll love to use."
- get.eimmigration.com/IRP
Gonzales & Gonzales Immigration Bonds
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- immigrationbond.com
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CONTACT INFORMATION:
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
- About your host
- Case notes
- Recent criminal-immigration article (p.18)
- Featured in San Diego Voyager
Support the show
Extra case roundup
- Mahdawi v. Trump,2026 WL 2090981 (2d Cir. 2026) – habeas & § 237(a)(4)(C)
- Suri v. Trump,2026 WL 2123557 (4th Cir. 2026) – habeas & § 237(a)(4)(C)
- Fuentes v. USCIS (4th Cir. July 24, 2026) – SIJ, statutory interpretation, and parental benefits
Rana v. Blanche, No. 25-1862 (1st Cir. July 23, 2026)
- M-A-M-; mental health safeguards and credibility; indicia of incompetency; IJ affirmative duty; Maoists; Nepal
Matter of H-L-S-M-, 29 I&N Dec. 767 (BIA 2026)
- no past torture; CAT; Mexico; Guatemala; Latin Kings; MS-13; clear error; expert testimony
Matter of A-G-O-F-, 29 I&N Dec. 772 (BIA 2026)
- humanitarian asylum; particularity; Brazilian children; relocation; abandoned children; police reporting harm; police arresting perpetrators for other crimes; C-G-T-
Matter of Y-S-P-T-, 29 I&N Dec. 776 (BIA 2026)
- exceptional and extremely unusual hardship for § 212(h) waiver; discretion with sexual crimes; extreme hardship
Matter of Lopez Rico, 29 I&N Dec. 780 (BIA 2026)
- unlawful voting; INA § 237(a)(3)(D); 18 U.S.C. § 611(a); DHS burdens; pleading the Fifth; discretion
Matter of L-F-R-, 29 I&N Dec. 787 (BIA 2026)
- annual asylum fee; abandonment of asylum; scheduling orders; enforcing filing deadlines; statutory interpretation; plain language of the statute; OBBBA
Garcia Demetrio, et al. v. Blanche, No. 25-991 (9th Cir. July 20, 2026)
- age and immutability; particular social group; mother of adolescents; single mothers; nexus reviewed de novo; Mexico
Diaz-Boyzo v. Blanche, No. 17-72894 (9th Cir. July 23, 2026)
- crime of child abuse, abandonment, or neglect divisibility; enhancement; Or. Rev. Stat. § 163.160(1)(a), (3)(c); criminal negligence
Torres-Casas v. Blanche, No. 25-172 (9th Cir. July 22, 2026)
- qualifying relative age-out for non LPR cancellation of removal purposes; predictive findings; remanding non-LPR cancellation denials pending at the BIA; hardship
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
eimmigration
"Immigration law software you’ll love to use."
- get.eimmigration.com/IRP
Gonzales & Gonzales Immigration Bonds
- P: (833) 409-9200
- immigrationbond.com
Stafi
"Remote staffing solutions for businesses of all sizes"
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CONTACT INFORMATION:
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
- About your host
- Case notes
- Recent criminal-immigration article (p.18)
- Featured in San Diego Voyager
Support the show
All about Ira Kurzban, KKTP, and Immigrants' List:
- Attorney Profile: https://www.kktplaw.com/attorney/kurzban-ira-j-esq/
- Kurzban Kurzban Tetzeli and Pratt P.A.
- Get involved with Immigrants' List: https://www.immigrantslist.org/
- Order Kurzban's Immigration Law Sourcebook: https://www.aila.org/shop/products/view/kurzbans-immigration-law-sourcebook
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
eimmigration
"Immigration law software you’ll love to use."
- get.eimmigration.com/IRP
Gonzales & Gonzales Immigration Bonds
- P: (833) 409-9200
- immigrationbond.com
Stafi
"Remote staffing solutions for businesses of all sizes"
- Click me!
Want to become a patron?
- Click here to check out our Patreon Page!
CONTACT INFORMATION:
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
- About your host
- Case notes
- Recent criminal-immigration article (p.18)
- Featured in San Diego Voyager
Support the show
Fulton v. Mullin, et al., No. 25-194 (2d Cir. July 14, 2026)
- habeas; release pending appeal; Mapp; end stage renal disease
Matter of N-E-R-S-, 29 I&N Dec. 753 (BIA 2026)
- ACA with Ecuador; implementing agreement; interlocutory appeal
Matter of E-A-R-M-, 29 I&N Dec. 746 (BIA 2026)
- IJs cannot consider anything when DHS makes an asylum pretermission motion based on ACA with Ecuador; DHS failure to comply with IJ scheduling order
Matter of L-R-M-C- & V-A-M-M-, 29 I&N Dec. 757 (BIA 2026)
- Lozada compliance; ineffective assistance of counsel; requirement to provide contents of bar complaint and proof of filing
Matter of Lopez-Davila, 29 I&N Dec. 763 (BIA 2026)
- exceptional and extremely unusual hardship; Ige presumption that child will join parent abroad; foster care not bad enough; nonparent can care for child
Burey v. Blanche, No. 25-1869 (4th Cir. July 14, 2026)
- VAWA motion to reopen deadline; ECAS and filing window rejection; failure to file I-360 before moving to reopen not fatal; attorney affidavit; deadline to file motion to reopen possible begins after appeal period ends
Flores-Turcios v. Blanche, No. 24-1338 (4th Cir. July 16, 2026)
- nexus; gang recruitment; extortion; CAT review – fact and law; Guatemala
Montesinos Cisneros v. Blanche, No. 23-1090 (4th Cir. July 17, 2026)
- admitted in any status; LPR cancellation of removal; DED; admission; statutory interpretation; lawful and unlawful status
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
eimmigration
"Immigration law software you’ll love to use."
- get.eimmigration.com/IRP
Gonzales & Gonzales Immigration Bonds
- P: (833) 409-9200
- immigrationbond.com
Stafi
"Remote staffing solutions for businesses of all sizes"
- Click me!
Want to become a patron?
- Click here to check out our Patreon Page!
CONTACT INFORMATION:
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
- About your host
- Case notes
- Recent criminal-immigration article (p.18)
- Featured in San Diego Voyager
Support the show
Aguilar-Villalobos v. Blanche, No. 23-6899 (2d Cir. July 8, 2026)
- adverse credibility; inconsistency; El Salvador’s State of Exception; intentionally horrendous prison conditions; prison as torture; CAT
Matter of R-A-N-, 29 I&N Dec. 739 (BIA 2026)
- forced military conscription; atrocities; well-founded fear of persecution; nexus; Russia
Lopez-Lopez v. Blanche, No. 25-1924 (8th Cir. July 7, 2026)
- issue exhaustion
Guevara Martinez v. Blanche, No. 25-1429 (4th Cir. July 8, 2026)
- elements based approach to particularly serious crime analysis; Virginia assault and battery against a family member; credibility; CAT; El Salvador
Ramos v. Blanche, No. 25-2037 (4th Cir. July 9, 2026)
- embezzlement; Va. Code Ann. § 18.2-111; fraud or deceit definitions; INA § 101(a)(43)(M)(i); concealment; categorical approach; I-130 continuance
Andric v. Blanche, No. 25-1448 (7th Cir. July 1, 2026)
- Serbian soccer players; particular social group waiver; employment immutability; nexus; IJ including boilerplate legal addendum
E.E.V., et al. v. Blanche, No. 25-2256 (7th Cir. July 6, 2026)
- jurisdiction; claims processing; 30 day deadline; final order of removal; Riley; reinstatement; FARO; equitable tolling and reliance on old precedent; timeliness; substantive PFR challenge not required; venue
Sarr v. Blanche, No. 24-5264 (9th Cir. July 7, 2026)
- particularly serious crime; drug trafficking crime; Y-L- presumption; Loper Bright; star decisis
Menjivar-Ayala, et al. v. Blanche, No. 24-4562 (9th Cir. July 9, 2026)
- ineffective assistance of counsel before the circuit court; failure to file brief; motion for BIA to reissue decision; BIA failure to give reasoned consideration; presumption of prejudice ; courtesy copy on noncitizen; reliance on immigration attorney
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
eimmigration
"Immigration law software you’ll love to use."
- get.eimmigration.com/IRP
Gonzales & Gonzales Immigration Bonds
- P: (833) 409-9200
- immigrationbond.com
Stafi
"Remote staffing solutions for businesses of all sizes"
- Click me!
Want to become a patron?
- Click here to check out our Patreon Page!
CONTACT INFORMATION:
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
- About your host
- Case notes
- Recent criminal-immigration article (p.18)
- Featured in San Diego Voyager
Support the show
Trump v. Barbara, et al., No. 25-365 (U.S. June 30, 2026)
- birthright citizenship; history; Second Founding
Sosnava Rodriguez, et al. v. Mullin, et al., No. 26-50183 (5th Cir. July 2, 2026)
- procedural and substantive due; right to a bond hearing after 90 days; Mathews; fundamental liberty interest for noncitizens; EWI detention; mandatory detention
Matter of T-D-E-, 29 I&N Dec. 732 (BIA 2026)
- credibility; clear error; failure to disclose military service in DS-160; fraud to enter U.S.; corroboration; prior false testimony; Burkina Faso
Matter of Vizcaino Aybar, 29 I&N Dec. 736 (BIA 2026)
- bond; venue; jurisdiction
Riley v. Blanche, No. 22-1609 (4th Cir. July 2, 2026)
- withholding-only review; jurisdiction; claims processing rule; 30-day petition for review deadline; FARO; final order of removal; clear error; BIA fact finding; BIA stating standard but not applying it
Rivera-Mendoza, et. al v. Blanche, No. 21-70107 (9th Cir. June 25, 2026)
- child endangerment; statutory interpretation; Congressional intent; Cal. Pen. Code § 273a(a); Or. Rev. Stat. § 163.545(1); crime of child abuse, child neglect, or child abandonment; INA § 237(a)(2)(E)(i); Loper Bright; criminal negligence mens rea; actus reas; dictionaries; general intent crimes
Morris v. Blanche, No. 25-3084 (6th Cir. June 25, 2026)
- firearms offense; motion to reopen; motion to reconsider; ineffective assistance of counsel; jurisdiction as a sword; concessions of counsel; strict Lozada compliance; proof of mailing
Santillan Quiroz v. Mullin, No. 26-6019 (10th Cir. June 30, 2026)
- no mandatory detention of EWIs; Hurtado; seeking admission; INA § 235(a)(2)(B); § 236(a); § 236(c); Laken Riley Act; applicant for admission entry; canon of constitutional avoidance; plain text; statutory interpretation; longstanding agency interpretation; legislative history; use of the word “otherwise”; cannot against surplusage; due process rights of noncitizens
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
eimmigration
"Immigration law software you’ll love to use."
- get.eimmigration.com/IRP
Gonzales & Gonzales Immigration Bonds
- P: (833) 409-9200
- immigrationbond.com
Stafi
"Remote staffing solutions for businesses of all sizes"
- Click me!
Want to become a patron?
- Click here to check out our Patreon Page!
CONTACT INFORMATION:
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
- About your host
- Case notes
- Recent criminal-immigration article (p.18)
- Featured in San Diego Voyager
Support the show
Blanche v. Lau, No. 25-429 (U.S. June 23, 2026)
- applicant for admission; returning LPR; parole
Mullin v. Doe (Miot), No. 25-1083 (U.S. June 25, 2026)
- TPS; jurisdiction; determination; termination; preliminary relief; equal protection
Mullin v. Al Otro Lado, No. 25-5 (U.S. June 25, 2026)
- canon against surplusage; presumption against extraterritoriality
Garcia Corrales v. Blanche, No. 24-6467 (9th Cir. June 24, 2026)
- motion to reopen dismissal for untimely appeal; mailing delay; new evidence; motion to reconsider not only way to challenge dismissal
Hayles v. U.S. Att'y Gen., No. 24-10516 (11th Cir. June 22, 2026)
- petition for review CAT; FARO; Riley; frivolous PFR; jurisdiction; brief cannot cure jurisdictional deficient PFR
Matter of P-A-C-, 29 I&N Dec. 708 (BIA 2026)
- discretionary denial of asylum where withholding of removal granted; multiple DUIs; fraud as negative discretionary factor for asylum
- Immigrants' List
Matter of T-A-G-, 29 I&N Dec. 715 (BIA 2026)
- ACA pretermitting asylum application; collateral relief; pending I-130
Matter of Best, 29 I&N Dec. 723 (BIA 2026)
- extreme hardship; § 212(h) waiver; discretion; arrests and convictions
Matter of C-L-R-, 29 I&N Dec. 726 (BIA 2026)
- M-A-M- safeguards; qualified representative; refusal to sell drugs; mental health claims in Honduras
Matter of G-L-C-, 29 I&N Dec. 717 (BIA 2026)
- drug delivery and particularly serious crime; N-A-M- element one; nature of the offense; Penn. Cons. Stat. § 780-113(a)(30); transgender women in Jamaica; United Kingdom’s Home Office reports
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
eimmigration
"Immigration law software you’ll love to use."
- get.eimmigration.com/IRP
Gonzales & Gonzales Immigration Bonds
- P: (833) 409-9200
- immigrationbond.com
Stafi
"Remote staffing solutions for businesses of all sizes"
- Click me!
Want to become a patron?
- Click here to check out our Patreon Page!
CONTACT INFORMATION:
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
- About your host
- Case notes
- Recent criminal-immigration article (p.18)
- Featured in San Diego Voyager
Support the show
Baro v. Blanche, No. 25-3894 (6th Cir. June 16, 2026)
- 30-day deadline to appeal to the BIA; claims processing rule; equitable tolling; health crisis; difficulty in finding an attorney; diligence
Alves-Pains v. Blanche, No. 24-1895 (1st Cir. June 18, 2026)
- particularly social group articulation; women unable to leave; nuclear family +; reconsideration
Matter of A-C-M-, 29 I&N Dec. 703 (BIA 2026)
- ACA agreements; safe third country; evidentiary hearing; continuances; individualized risk; interlocutory appeal
Matter of Y-H-L-, 29 I&N Dec. 698 (BIA 2026)
- forced abortion in China; asylum officer testimony regarding pattern of fraud; opportunity to explain onconsistencies; corbboration requirement; ineffective assistance of counsel and translation issues in documents
- Contact Zel for translations!
Haiti TPS Article
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
eimmigration
"Immigration law software you’ll love to use."
- get.eimmigration.com/IRP
Gonzales & Gonzales Immigration Bonds
- P: (833) 409-9200
- immigrationbond.com
Stafi
"Remote staffing solutions for businesses of all sizes"
- Click me!
Want to become a patron?
- Click here to check out our Patreon Page!
CONTACT INFORMATION:
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
- About your host
- Case notes
- Recent criminal-immigration article (p.18)
- Featured in San Diego Voyager
Support the show
Laureano v. Att'y Gen. U.S., No. 24-2433 (3d Cir. May 29, 2026)
- petition for review withholding of removal; reinstatement; Riley; Matter of Y-L- presumption
Matter of Herrera-Nunez, 29 I&N Dec. 691 (BIA 2026)
- stay pending motion to reopen; requirement to file stay with DHS first; procedural rules; administrative efficiency; power to create discretionary policies
Matter of Herrera-Nunez, 29 I&N Dec. 695 (BIA 2026)
- sua sponte motion to reopen; equities acquired post-removal order
Dodaj v. Blanche, No. 25-3409 (6th Cir. June 8, 2026)
- LPR cancellation of removal; BIA reweighing evidence; waiver of removability argument; HYTA youth conviction in Michigan as a minor
Senatus v. U.S. Att'y Gen., No. 24-10514 (11th Cir. June 8, 2026)
- Borden; crime of violence; recklessness; Fla. Stat. § 784.021(a); Somers; Florida Supreme Court change in law tells what statute always meant; favorable exhaustion standard
Tiah v. Blanche, No. 24-2010 (8th Cir. June 8, 2026)
- INA § 237(a)(2)(E)(ii); violation of a protective order; circumstance specific approach; no requirement to submit violation; N.D.C.C. § 12.1-31.2-02
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
eimmigration
"Immigration law software you’ll love to use."
- get.eimmigration.com/IRP
Gonzales & Gonzales Immigration Bonds
- P: (833) 409-9200
- immigrationbond.com
Stafi
"Remote staffing solutions for businesses of all sizes"
- Click me!
Want to become a patron?
- Click here to check out our Patreon Page!
CONTACT INFORMATION:
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
- About your host
- Case notes
- Recent criminal-immigration article (p.18)
- Featured in San Diego Voyager
Support the show
Alvarado-Paz v. Blanche, No. 25-1119 (4th Cir. June 1, 2026)
- nexus; BIA missing particular social groups; Salvadoran women; substantial evidence review; CAT assessment; asserting correct particular social groups before IJ
Uddin v. Blanche, No. 24-1067 (4th Cir. June 5, 2026)
- crime of child abuse; INA § 237(a)(2)(E)(i); sexual images of children on filing sharing platform; N.J. Stat. Ann. § 2C:24-4(b)(5)(a)(iii); review of criminal elements at time of actions and not conviction
Matter of N-A-G-C-, 29 I&N Dec 662 (BIA 2026)
- mandatory detention; SIJ; Hurtado
Matter of Mills, 29 I&N Dec. 668 (BIA 2026)
- LPR cancellation of removal; discretionary balancing of factors; criminal history; longtime residence; crimes against persons; going behind record of conviction
Matter of J-O-A-, 29 I&N Dec 672 (BIA 2026)
- particularly serious crime and fraud or deceit; health care fraud in violation of 18 U.S.C. § 1347; N-A-M- analysis; kidnapping CAT; Nigeria
Matter of S-E-M-Z-, 29 I&N Dec 680 (BIA 2026)
- nationwide social distinction; family-based particular social group; gang recruitment; but-for nexus standard
Perez-Castillo v. Blanche, No. 25-1988 (7th Cir. June 1, 2026)
- AI use in legal briefs; sanctioning attorneys; contract attorneys; ghost writing fake citations; battery in violation of 720 ILCS 5/12-3(a)(1); crime of domestic violence; hardship; waiving dispositive argument
Lnu, et al. v. Blanche, No. 24-4790 (9th Cir. June 3, 2026)
- AI use in legal briefs; sanctioning attorneys; contract attorneys; ghost writing fake citations; candor to the court
Bonilla-Espinoza v. Blanche, No. 25-9552 (10th Cir. June 1, 2026)
- untimely motion to reopen; equitable tolling; diligence; new evidence in affidavit; extraordinary circumstances; BIA reasoned decision making requirement
Muchiri v. Blanche, No. 25-1340 (1st Cir. June 3, 2026)
- BIA failure to consider arguments; ethnicity; family-status claims; Mungiki; Kenya
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
eimmigration
"Immigration law software you’ll love to use."
- get.eimmigration.com/IRP
Gonzales & Gonzales Immigration Bonds
- P: (833) 409-9200
- immigrationbond.com
Stafi
"Remote staffing solutions for businesses of all sizes"
- Click me!
Want to become a patron?
- Click here to check out our Patreon Page!
CONTACT INFORMATION:
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
- About your host
- Case notes
- Recent criminal-immigration article (p.18)
- Featured in San Diego Voyager
Support the show
Email and Links!
- Email: andrew@nietorlaw.com
- Website: www.nietorlaw.com
- Twitter/X: @anietor
- Bluesky: @nietorlaw.com
- Recent AILA blog post: “When Chaos is the Strategy”: https://www.aila.org/library/think-immigration-when-chaos-is-the-strategy-recognizing-the-patterns
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
eimmigration
"Immigration law software you’ll love to use."
- get.eimmigration.com/IRP
Gonzales & Gonzales Immigration Bonds
- P: (833) 409-9200
- immigrationbond.com
Stafi
"Remote staffing solutions for businesses of all sizes"
- Click me!
Want to become a patron?
- Click here to check out our Patreon Page!
CONTACT INFORMATION:
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
- About your host
- Case notes
- Recent criminal-immigration article (p.18)
- Featured in San Diego Voyager
Support the show
Buckley v. Blanche, No. 24-1957 (1st Cir. May 29, 2026)
- review of adjustment of status denial; later filed BIA brief; failure to provide reasoned consideration; substantial Lozada compliance; IJ duty to develop the record; prejudice
Matter of A-H-D-, 29 I&N Dec. 642 (BIA 2026)
- past persecution in the Ninth Circuit; police beatings; unable or unwilling to protect and tribal resolution of conflict; Mauritania
Matter of Germain, 29 I&N Dec. 648 (BIA 2026)
- untimely DHS appeal; LPR cancellation of removal; weighing factors with criminal history; failure to show remorse; denying criminal conduct where there is no conviction
Matter of Nwagwu, 29 I&N Dec. 651 (BIA 2026)
- INA § 204(c); revoking I-130 petition; sworn statement from ex-spouse; failure of mother to identify spouse
Matter of Martinez-Rodriguez, 29 I&N Dec. 656 (BIA 2026)
- bond; dangerousness; single misdemeanor conviction
Matter of Richards, 29 I&N Dec 658 (BIA 2026)
- LPR cancellation of removal; lack of candor about criminal history; Texas marijuana possession; adverse credibility; discretionary weighing; rehabilitation
United States v. Scott, No. 25-4048 (4th Cir. May 26, 2026)
- crime of violence; robbery; Parham; VA Code § 18.2-53.1
Lopez-Vasquez v. Blanche, No. 25-1338 (8th Cir. May 29, 2026)
- extreme and exceptionally unusual hardship; voluntary departure moot when removed during petition for review; no due process review to non-LPR cancellation of removal denial
Nwosu v. Blanche, No. 25-3831 (6th Cir. May 29, 2026)
- corroboration; kidnapping in Nigeria; opportunity to explain missing evidence; exceptional and extremely unusualn hardship; substantial evidence
Argueta Castillo v. Blanche, No. 25-1297 (1st Cir. May 27, 2026)
- exceptional and extremely unusual hardship; sleep walking; lazy eye; aggregate hardship
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
eimmigration
"Immigration law software you’ll love to use."
- get.eimmigration.com/IRP
Gonzales & Gonzales Immigration Bonds
- P: (833) 409-9200
- immigrationbond.com
Stafi
"Remote staffing solutions for businesses of all sizes"
- Click me!
Want to become a patron?
- Click here to check out our Patreon Page!
CONTACT INFORMATION:
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
- About your host
- Case notes
- Recent criminal-immigration article (p.18)
- Featured in San Diego Voyager
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Rodriguez-Solis v. Blanche, No. 24-1937 (4th Cir. May 21, 2026)
- right to counsel; continuance; prejudice; importance of immigration attorney
Matter of I-B-M-S-, 29 I&N Dec. 628 (BIA 2026)
- motion to change venue; webex hearing; off the record discussions; IJ bias; IJ as neural arbiter
Matter of L-A-D-, 29 I&N Dec 634 (BIA 2026)
- Mexican mental health; schizophrenia; particularity; social distinction; series of suppositions and speculation for asylum
Vasquez-Chavez v. Blanche, No. 25-1306 (1st Cir. May 22, 2026)
- fear of family; nexus; failure to corroborate; El Salvador
United States v. Pimental, No. 24-1910 (1st Cir. May 20, 2026)
- crime of violence; carjacking in violation of Mass. Gen. Laws ch. 265, § 21A; assault; realistic probability test
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Lopez-Campos, et al. v. Raycraft, et al., No. 25-1965 (6th Cir. May 11, 2026)
- no mandatory detention of EWIs; Hurtado; seeking admission; INA § 235(a)(2)(B); Laken Riley Act; applicant for admission entry; canon of constitutional avoidance; plain text; statutory interpretation; longstanding agency interpretation; legislative history; use of the word “otherwise”; cannot against surplusage; due process rights of noncitizens
B. Singh v. Blanche, No. 24-815 (9th Cir. May 15, 2026)
- past persecution; beatings; threats; reasonable relocation in India; Law Library of Congress report; Mann Party; Sikh; Urias Orellana; substantial evidence
Kurzban Kurzban Tetzeli and Pratt P.A.
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Diahn v. Blanche, No. 24-2066 (4th Cir. May 5, 2026)
- IJ duty to develop record; pro se respondents; no hearing notice; prejudice; duty to advise about witnesses; exhaustion
Matter of J-E-L-, 29 I&N Dec. 605 (BIA 2026)
- CAT; FBI informants; evidence specific to applicant; unknown identity of kidnappers
Matter of C-P-Y-, 29 I&N Dec. 610 (BIA 2026)
- LPR “arrival”; serious nonpolitical crime; return from abroad; sex trafficking; probable cause; Red Notice; Mexican arrest warrant; I-213; pro se admissions; due process; incompetent noncitizens; LPR cancellation
Matter of V-A-B-, 29 I&N Dec. 621 (BIA 2026)
- Mexican woman unable to leave their marriage; particular social group; domestic violence; no presumption of valid marriage just because of kids; A-B-
Prado-Majano v. Blanche, No. 25-60040 (5th Cir. May 7, 2026)
- material change in personal circumstances; time bar to motion to reopen; nationwide change required; equitable tolling; underlying ineffective assistance of counsel; pro se before the BIA; extermination group
Mohammed v. Blanche, No. 25-1901 (7th Cir. May 6, 2026) &
Castanon-Nava v. DHS, No. 25-3050 (7th Cir. May 5, 2026)
- untimely asylum; jurisdiction; Wilkinson; Guerrero-Lasprilla; Muslims in India; slaughterhouse
- warrantless arrest; mandatory detention for EWIs; consent decree
United States v. Singh, No. 25-1523 (6th Cir. May 5, 2026)
- denaturalization; ineffective assistance of counsel in criminal proceedings; collateral consequences; Padilla; Chaidez; Farhane
Sanchez Gonzalez, et al. v. DOS, et al., No. 23-4205 (9th Cir. Apr. 30, 2026)
- doctrine of consular nonreviewability; Munoz; Mandel; First Amendment rights of U.S. citizen spouse; legitimate and bona fide reason; void for vagueness; INA § 212(a)(3)(A)(ii); tattoos
Urquia-Yanez v. Blanche, No. 25-1136 (9th Cir. May 8, 2026)
- in absentia motion to reopen due process; no requirement to provide NTA advisals in foreign language
Alvarez, et al. v. FDC Miami Warden, et al., No. 25-14065 (11th Cir. May 6, 2026)
- no mandatory detention for EWIs; Hurtado; seeking admission; INA § 235(a)(2)(B); Laken Riley Act; applicant for admission entry; canon of constitutional avoidance; plain text; statutory interpretation; longstanding agency interpretation; legislative history
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Barbosa Da Cunha v. Freden, No. 25-3141 (2d Cir. Apr. 28, 2026)
- no mandatory detention for EWIs; Hurtado; seeking admission; INA § 235(a)(2)(B); Laken Riley Act; applicant for admission entry; canon of constitutional avoidance; plain text
Matter of Shentu, 29 I&N Dec. 595 (BIA 2026)
- bond; FBI Letterhead Memorandum; national security risk
Matter of Orozco Becerra and Orozco Becerra, 29 I&N Dec. 600 (BIA 2026)
- in absentia removal order against minors; administrative closure; shall
Nimaga v. Blanche, No. 20-3065 (7th Cir. Apr. 29, 2026)
- in absentia motion to reopen; failure to attend due to exceptional circumstances; poverty; lack of access to vehicle; ability to call court; delayed issuance of mandate
Oxlaj-Perez v. Blanche, No. 25-3337 (6th Cir. Apr. 29, 2026)
- equitable tolling; claims processing rule; no argument required until reply; extending 30 day PFR deadline; Riley; ignorance and lack of money insufficient; diligence
Deh v. Blanche, No. 25-3659 (6th Cir. Apr. 29, 2026)
- flawed interpretation; due process; motion to reopen inconsistencies; credibility; Mauritania
Us v. Blanche, No. 25-3504 (6th Cir. Apr. 29, 2026)
- exceptional and extremely unusual hardship; Wilkison; substantial evidence review; Urias
Hanan, et al. v. USCIS et al., No. 24-6193 (9th Cir. Apr. 27, 2026)
- marriage fraud; INA § 204(c); statutory interpretation; Mathews Test; no right to cross-examine ex-spouse; sworn statements; Ching; I-130 discovery; due process requires consideration of the evidence
Coatl-Chiquito v. Blanche, No. 25-1233 (7th Cir. Apr. 30, 2026)
- in absentia motion to reopen; time bar; number bar; sua sponte; Pereira; Niz-Chavez; defective NTA; removal v. deportation proceedings
Usma Acosta v. Blanche, No. 25-1045 (1st Cir. May 1, 2026)
- fraud and willful misrepresentation; INTERPOL Red Notice; murder; foreign criminal convictions; credibility; asylum; withholding of removal; CAT; cancellation of removal; naturalization; motion to reopen
Kurzban Kurzban Tetzeli and Pratt P.A.
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Lopez Martinez v. Blanche, No. 25-1225 (1st Cir. Apr. 23, 2026)
- anti-gang political opinion; opposition to gang recruitment; imputed political opinion; quasi government; fact-intensive analysis; religion; ignoring protected ground; nexus
Matter of D-G-E-A- & N-G-G-E-, 29 I&N Dec. 570 (BIA 2026)
- anti-gang political opinion; definition of political opinion; discrete cause tied to a government; de facto government; family and gender type particular social groups; machismo
- https://www.bbc.com/news/articles/c20ql985gryo
Matter of R-A-U-, 29 I&N Dec. 582 (BIA 2026)
- credibility; stowaway; inconsistent affidavits; firm resettlement; asylum application in Germany; bisexual; Morocco
Matter of E-N-N-, 29 I&N Dec. 586 (BIA 2026)
- credibility; inconsistencies in medical documents; Anglophone in Cameroon; pattern or practice of persecution with family members still living in country
Matter of Arana Castillo, et al., 29 I&N Dec. 593 (BIA 2026)
- DHS not appearing for court; termination; obligation to take pleadings
Matter of Santiago-Santiago, 29 I&N Dec. 589 (BIA 2026)
- discretionary termination; receipt of DACA; intent to file I-130; recusal; IJ bias
Sandoval Diaz v. Blanche, No. 24-1062 (4th Cir. Apr. 20, 2026)
- good moral character; Matter of K inapplicable to relief and with counsel; IJ conducting direct; admission to dealing cocaine despite charges dismissed; IJ issuing subpoenas
Kurzban Kurzban Tetzeli and Pratt P.A.
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Taveras Martinez v. Blanche, No. 24-1741 (1st Cir. Apr. 17, 2026)
- adjustment of status; clear error review; use of false identity and intent; discretion
Matter of A-M-Z-F-, 29 I&N Dec. 551 (BIA 2026)
- due process; prejudice; no right to closing argument; Coptic Christians; Muslim Brotherhood; adverse credibility; Egypt
Matter of M-K-, 29 I&N Dec. 556 (BIA 2026)
- alleged national security threat to Jewish students; Secretary of State letter; INA § 237(a)(4)(C)(i); fraud or willful misrepresentation; failure to list UN internship; INA § 237(a)(1)(H) waiver; asylum and protection from Algeria and Syria; discovery
Gardner v. Blanche, No. 24-1553 (4th Cir. Apr. 14, 2026)
- conviction; community service INA § 101(a)(48)(A); North Caroling misdemeanor larceny; two CIMTs; non-LPR cancellation of removal; Prayer for Judgment Continued (PJC)
Petrov v. Blanche, No. 20-3517 (7th Cir. Apr. 14, 2026)
- exceptional and extremely unusual hardship review; mistreatment of Roma; gypsies; Germany; motion to reopen and previously unavailable evidence; financial hardship
United States v. Gonzalez-Reyes, No. 23-3532 (9th Cir. Apr. 15, 2026)
- aggravated felony rape; duress; non-violent coercion; unpublished decision satisfies realistic probability test; Cal. Pen. Code § 261(a)(2); criminal illegal reentry; contemporaneous dictionaries over the model penal code; state rape laws not helpful; battle of the dictionaries
Kurzban Kurzban Tetzeli and Pratt P.A.
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Velazquez-Olais v. Blanche, No. 25-1244 (7th Cir. Apr. 6, 2026)
- FARO; Riley; ICE emails; review of ICE decision refusing to reopen FARO
Matter of Bolivar-Bolivar, 29 I&N Dec. 548 (BIA 2026)
- termination; in absentia; DHS burden to prove alienage; DHS need not appear; Tepec-Garcia
Gamas-Vicente v. Blanche, No. 25-3415 (6th Cir. Apr. 7, 2026)
- particular social group exhaustion; due process and interpreters; new particular social group on petition for review
Santana Gonzalez v. Blanche, No. 16-70793 (9th Cir. Apr. 8, 2026)
- asylum; nexus; pro se exhaustion; Ninth Circuit stay policies
Mukhtar v. Lambrecht, et al., No. 24-1451 (10th Cir. Apr. 8, 2026)
- mootness; denial of adjustment based on deficient Form I-693; Class B medical issue; action capable of repetition yet evading review; voluntary cessation
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Circuit round up (extra cases)!
- NOID sent to wrong address; I-864 lawsuit; diversity visa lawsuit
Eskilian v. Bondi, No. 20-72157 (9th Cir. Apr. 2, 2026)
- due diligence for stateless people; no Lozada where ineffective assistance of counsel plain; Cal. Pen. Code § 1473.7 vacatur; equitable tolling of time and number bar; Soviet Armenia
Verduzco Ruiz v. Bondi, No. 18-71787 (9th Cir. Apr. 1, 2026)
- reinstatement; right to counsel; due process; prejudice; IIRIRA retroactivity
United States v. Casildo, No. 23-35483 (9th Cir. Mar. 31, 2026)
- sale of controlled substances in violation of Nev. Rev. Stat. § 453.321(1)(a); indivisibility; sentence enhancement; INA § 101(a)(43)(B); drug trafficking aggravated felony
Matter of Valenzuela Gallardo, 29 I&N Dec. 536 (BIA 2026)
- aggravated felony relating to obstruction of justice; INA § 101(a)(43)(S); Cal. Penal Code § 32; Pugin; mens rea and related statutes; specific intent; relating to; actus reas; misprison of a felony
Matter of Pelagio Mendoza, 29 I&N Dec. 542 (BIA 2026)
- medical and psychological hardship; evidentiary burdens; HIPPA regulations; considering immigration status of other parent; need for expert evidence
Cardenas v. Att'y Gen. U.S., No. 25-1522 (3d Cir. Mar. 31, 2026)
- VAWA cancellation of removal; immigration status of the abuser; statutory interpretation; “is or was”; Matt of L-L-P-; present tense; present perfect tense; exceptional and extremely unusual hardship
Quijano-Duran v. Bondi, No. 24-2457 (8th Cir. Apr. 2, 2026)
- notice of appeal requirements before the BIA; due process; judicial bias; DHS enforcement priority
Dec v. Mullin, No. 25-2417 (7th Cir. Mar. 30, 2026)
- jurisdiction; I-601A; satisfaction of the Attorney General; INA § 212(a)(9)(B)(v); ChatGPT; fake case citation
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Email and Links!
- hlopez@islaimmigration.org
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Kurzban Kurzban Tetzeli and Pratt P.A.
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Herrera Avila v. Bondi, et al., No. 25-3248 (8th Cir. Mar. 25, 2026)
- mandatory detention for all EWIs; redundant and superfluous statutory interpretation; Hurtado; seeking admission; INA § 235(a)(2)(B); Laken Riley Act; Buenrostro-Mendez
Matter of Mercado-Martinez, 29 I&N Dec. 529 (BIA 2026)
- reliability of Form I-213; termination; presumption of reliability; establishing alienage; rebutting § 212 charge
Matter of Lopez-Orellana, 29 I&N Dec. 533 (BIA 2026)
- IJ cannot assert deficient NTA claims processing rule; in absentia
Perdomo Ulloa v. Bondi, No. 22-1724 (4th Cir. Mar. 25, 2026)
- CIMT; Va. Code § 18.2-186.3(A)(2); Class 1 misdemeanor; for which a sentence of one year or longer may be imposed; non-LPR cancellation
United States v. Chavez-Echeverria, No. 24-4723 (9th Cir. Mar. 25, 2026)
- Oregon attempted first-degree assault, Or. Rev. Stat. §§ 163.185(1)(a), 161.405; attempted use of physical force; substantial step
Navarrete v. Bondi, No. 24-2776 (9th Cir. Mar. 23, 2026)
- Riley; review of negative reasonable fear finding; final order of removal; CAT review post-reinstatement
Kurzban Kurzban Tetzeli and Pratt P.A.
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United States v. Aguayo-Montes, No. 24-4072 (10th Cir. Mar. 17, 2026)
- Padilla; ineffective assistance of counsel; affirmative misadvice; duty to inform of near certain removal; prima facie prejudice; insufficiency of plea warnings;affidavits;
Matter of Arevalo-Vargas, 29 I&N Dec. 519 (BIA 2026)
- qualifying relative child ageing out during appeal; exceptional and extremely unusual hardship; children forced to pay for schooling
Matter of Z-R-C-N-, 29 I&N Dec. 523 (BIA 2026)
- ineffective assistance of counsel against non-attorney; prima facie; domestic violence, family group, and asylum nexus; social distinction; approved SIJ; reopening
Hodzic v. Bondi, No. 24-1204 (1st Cir. Mar. 19, 2026)
- sua sponte reopening; Niz Chavez; fundamental change in law; exceptional situation different from exceptional circumstances; BIA failure to explain; Loper Bright inapplicable; procedural due process; substantive due process right to remain with family
Hassan v. Bondi, No. 25-1049 (7th Cir. Mar. 16, 2026)
- receipt of stolen property aggravated felony; Kentucky mens rea; constructive knowledge; ostrich defense; K.R.S. §§ 514.110, 506.010; certified question
Kurzban Kurzban Tetzeli and Pratt P.A.
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Sufiyan v. Bondi, No. 22-6392 (2d. Cir. Mar. 12, 2026)
- material support of terrorism waiver; duress; requirement to decide asylum and withholding of removal eligibility in the alternative
Matter of Texperts, Inc., 29 I&N Dec. 491 (AAO 2026)
- fraud finding after withdrawal of application or petition; timely retraction; multiple H-1B petitions for same beneficiary; distinction between fraud or willful misrepresentation and remand for that reason; closely scrutinize fraud
Matter of Pinzon Rozo, 29 I&N Dec. 507 (BIA 2026)
- continuance with approved SIJ petition; Visa Bulletin and wait times; DHS’s interest in resolving removal proceedings
Matter of Z-N-L-, 29 I&N Dec. 511 (BIA 2026)
- address discrepancy; flight risk; bond; sponsor affidavit but failure to establish relationship
Matter of Medina Madrid, 29 I&N Dec. 514 (BIA 2026)
- re calendaring; administrative closure; I-601A not filed yet
Maldonado-Ruiz v. Bondi, No. 25-1448 (1st Cir. Mar. 10, 2026)
- past persecution; nexus; sexual orientation
Alonso-Juarez v. Bondi, No. 24-2476 (8th Cir. Mar. 12, 2026)
- exceptional and extremely unusual hardship; substantial evidence review; ability to work in Mexico
Dekovic, et al. v. Rubio, et al., No. 24-1431 (10th Cir. Mar. 10, 2026)
- CSPA; age-out; F2A to F1 reclassification; final agency action for APA lawsuit; 8 U.S.C. § 1151(f)(2); statutory purpose; legislative history of unanimous bipartisan Congress
Kurzban Kurzban Tetzeli and Pratt P.A.
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Urias-Orellana v. Bondi, No. 24-777 (U.S. Mar. 4, 2026)
- substantial evidence; past persecution review; INA § 242(b); Guerro-Lasprila; Wilkinson; mixed question of law and fact
Ortez Reyes v. USCIS, No. 25-1391 (4th Cir. Mar. 5, 2026)
- jurisdiction; 8 U.S.C. § 1252(a)(2)(B)(ii); INA § 242(a)(2)(B)(ii); pure question of law exempt; I-730; derivative asylum statute with removal order
Matter of D-J-L-, 29 I&N Dec. 485 (BIA 2026)
- expert reliability; expert bias; criminal deportee; requirement that expert support their opinions with other evidence; indefinite detention; Haiti
Matter of R-B-E-, 29 I&N Dec. 499 (BIA 2026)
- fundamental change; past persecution and rebuttable presumption; reliance on country condition evidence; Haitian gangs; Lavalas; BIA reaching legal issue it doesn’t have to; particularly serious crime; Conspiracy to Commit Access Device Fraud in violation of 18 U.S.C. § 1029(b)(2); identity theft
Vera Chairez v. USCIS, No. 24-4137 (9th Cir. Mar. 5, 2026)
- 8 U.S.C. § 1252(a)(2)(B)(ii); INA § 242(a)(2)(B)(ii); U visa waiver; INA § 212(d)(14); jurisdiction; Bourfa; discretion; ANA International
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
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United States v. Lightsey, No. 20-13682 (11th Cir. Feb. 26, 2026)
- Florida attempt crimes; attempted robbery in violation of Fla Stat § 812.13(2)(b); crime of violence; Taylor; cocaine; prior precedent rule; Abrada-Hechavarria et al. v. Bondi (11th Cir.) (separate parole issue (unpub))
Matter of Forjoe, 29 I&N Dec. 463 (BIA 2026)
- admission; INA § 237(a)(1)(H) waiver; discretion; retroactivity; extreme hardship; separation; long period of fraud
Matter of Ibarra-Vega, 29 I&N Dec. 476 (BIA 2026)
- administrative closure; recalendaring; U visa; USCIS delay; CAP; thumb on the scale for DHS; separation of powers
Da Silva-Queiroga v. Bondi, No. 25-1137 (1st Cir. Feb. 27, 2026)
- past-persecution; domestic violence asylum claim; remaining in country of harm; harm as a child; Brazil
Garcia-Botello v. Bondi, No. 24-9507 (10th Cir. Feb. 25, 2026)
- government acquiescence; CAT; Mexican mental health facility; specific intent to torture; willful blindness
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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 toRussian 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
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
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Rene Lopez v. Bondi, No. 24-1208 (4th Cir. Feb. 13, 2026)
- derivative citizenship; former INA § 321(a); establishing paternity through legitimation; Loper Bright; statutory interpretation; affirmative acts to establish paternity; Riley; petition for review despite CAT remand
Matter of Jin, 29 I&N Dec. 441 (BIA 2026)
- marriage fraud; annulment; revoking I-130 petition; BIA appeal two-years late; deposition transcripts; two-year untimely appeal
Buenrostro-Mendez, et al. v. Bondi, et al., No. 25-20496 (5th Cir. Feb. 6, 2026)
- mandatory detention for all EWIs; redundant and superfluous statutory interpretation; Hurtado; seeking admission; INA § 235(a)(2)(B); Laken Riley Act
Kurzban Kurzban Tetzeli and Pratt P.A.
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EB-5 Support
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Email Irina!
- irostova@investamericap.com
EB-5 Support
"EB-5 Support is an ongoing mentorship and resource platform created specifically for immigration attorneys."
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Sponsors & Support:
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
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Miot, et al. v. Trump, et al., No. 25-cv-02471 (D.D.C. Feb. 2, 2026)
- TPS for Haiti; pretextual termination of TPS; INA § 242(f); APA vacatur and set aside; APA stay; equal protection; McNary; using public statements in litigation
Matter of G-M-I-, 29 I&N Dec. 431 (BIA 2026)
- reliability and persuasiveness of expert testimony; factual basis for expert opinion; CAT; imprisonment for drugs; China
Matter of Yadav, 29 I&N Dec. 438 (BIA 2026)
- sua sponte reopening based on marriage to a U.S. citizen; equities acquired after removal order
Michelin, et al. v. Warden Moshannon Valley Correctional Center, et al., No. 24-2990 (3d Cir. Feb. 2, 2026)
- EAJA; habeas; sovereign immunity canon; civil action; importance of habeas; unreasonable prolonged detention
Montejo-Gonzalez, et al. v. Bondi, No. 21-304 (9th Cir. Feb. 5, 2026) (en banc)
- in absentia motion to reopen based on exceptional circumstances; unconscionable result; totality of the circumstances; traffic accidents; motivation to attend hearing
Pinilla Perez v. Bondi, No. 23-6363 (2d Cir. Feb. 5, 2026)
- equitable tolling; reopening; OIL admission that N.Y. Penal Law § 220.39(1) attempted sale of cocaine is not a removable offense; Minter; N.Y. Crim. Proc. § 440.10(1)(k); change of law; reasonable diligence of removed noncitizens
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Gonzales & Gonzales Immigration Bonds
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EB-5 Support
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Matter of E-A-S-O-, 29 I&N Dec. 422 (BIA 2026)
- particularly serious crime; N-A-M-; no misdemeanor presumption; Matter of Juarez; D.C. Code § 22-3010.01 sexual abuse of a minor; discretion; weighing hardship in discretionary analysis
Matter of Laurent Castro, 29 I&N Dec. 419 (BIA 2026)
- in absentia; interlocutory appeal; “shall”; notice
Bonilla-Espinoza v. Bondi, No. 24-9566 (10th Cir. Jan. 27, 2026)
- nexus; imputed gang member; exhaustion; due process; IJ failure to develop the record; translation issues; State of Exception; El Salvador
Banyee v. Bondi, No. 24-3590 (8th Cir. Jan. 29, 2026)
- attempted theft; INA § 101(A)(43)(G)/(U); robbery in violation of North Dakota Century Code § 12.1-22-01; categorical approach; realistic probability test; unambiguous statute; lesser included offense
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Eimmigration
"Simplifies immigration casework. Legal professionals use it to advance cases faster, delight clients, and grow their practices."
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- P: (833) 409-9200
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Guevara-Serrano, et al. v. Bondi, No. 23-4420 (9th Cir. Jan. 20, 2026)
- unable or unwilling to protect; no police reporting requirement; Burbano; uncontradicted testimony;domestic violence; gangs; Honduras
Matter of S-M-H-, 29 I&N Dec. 412 (BIA 2026)
- frivolous asylum filing warning; dual citizenship; materiality; written warnings
United States v. Singer, No. 23-6120 (10th Cir. Jan. 23, 2026)
- crime of violence; unborn persons; fetus; statutory interpretation; legislative silence; assault and battery with a dangerous weapon in violation of Okla. Stat. tit. 21, § 645
Fortes Tomar v. Bondi, No. 24-2108 (1st Cir. Jan. 23, 2026)
- CIMT; lewd; sexual intent; Mass. Gen. L., ch. 272, § 16; unpublished state case to satisfy realistic probability test; PFR grant without remand
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Eimmigration
"Simplifies immigration casework. Legal professionals use it to advance cases faster, delight clients, and grow their practices."
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- P: (833) 409-9200
- immigrationbond.com
EB-5 Support
"EB-5 Support is an ongoing mentorship and resource platform created specifically for immigration attorneys."
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Stafi
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United States v. Ramiro Gomez, No. 23-435 (9th Cir. Jan. 13, 2026) (en banc)
- crime of violence; recklessness; Borden; Cal. Pen. Code § 245(a)(1) assault with a deadly weapon other than a firearm; intent, knowing; mens rea; Federal Rule of Criminal Procedure 52; plain error
Matter of D-G-B-L-, 29 I&N Dec. 392 (BIA 2026)
- serious non political crime; drug trafficking activity; duress; statutory interpretation; Neguise; CAT; Sinaloa cartel; domestic violence; acquiesce; insufficient police reporting
Matter of Laparra-Deleon, 29 I&N Dec. 389 (BIA 2026)
- deficient NTA; in absentia motions to reopen; Campos Chavez
Matter of M-C-C-, 29 I&N Dec. 401 (BIA 2026)
- INA § 237(a)(1)(H) waiver; fraud or willful misrepresentation; INA § 212(a)(6)(C)(i); military service during Bosnian War; discretion; history of untruthfulness; adverse inference from invoking Fifth Amendment; family ties must outweigh fraud
Mukantagara, et al. v. Noem, et al., No. 24-4071 (10th Cir. Jan. 12, 2026)
- discretion; INA § 242(a)(2)(B)(ii); INA § 207(c)(4); termination of asylum status; Rwanda genocide
Fuentes-Pineda v. Bondi, No. 24-60592 (5th Cir. Jan. 14, 2026) and
Sayegh de Kewayfati, et al. v. Bondi, et al., No. 25-20073 (5th Cir. Jan 14, 2025)
- prison conditions; state of exception; former gang members; past torture; Amnesty International reports; El Salvador
- jurisdiction for APA lawsuit over denial of affirmative asylum application; TPS
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Eimmigration
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United States v. Ferguson, No. 24-2178 (8th Cir. Jan. 6, 2026)
- cocaine isomers; divisibility; modified categorical approach; realistic probability test; Arkansas; Ark. Code Ann. § 5-64-401(a)(1)(A)(i)
Fofana v. Noem, et al., No. 24-2485 (8th Cir. Jan. 9, 2026)
- jurisdiction; Patel; INA § 242(a)(2)(B)(ii); asylee adjustment; “any decision”
Aguilar-Hernandez v. Bondi, No. 24-2427 (8th Cir. Jan. 6, 2026)
- domestic violence-type asylum; one central reason; women; acquiescence; Guatemala
Gutierrez-Mikan, et al v. U.S. Att'y Gen., No. 24-13788 (11th Cir. Jan. 5, 2026)
- ineffective assistance of counsel; Loper Bright & Lozada; substantial compliance; CAT; acquiescence; FARC; Colombia
Savane v. DHS, et al., No. 24-3286 (3d Cir. Jan. 7, 2026)
- material misrepresentation; naturalization; willful; diversity visa lottery; DS-230 omissions; omitting children from application; public charge; 8 C.F.R. § 103.2(a)(2); lawfully admitted for permanent residence
Matter of E-M-F-S-, 29 I&N Dec. 379 (BIA 2026)
- death threats; past persecution; journalists; Peru
Liz's email: emontano@kktplaw.com
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Eimmigration
"Simplifies immigration casework. Legal professionals use it to advance cases faster, delight clients, and grow their practices."
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- P: (833) 409-9200
- immigrationbond.com
EB-5 Support
"EB-5 Support is an ongoing mentorship and resource platform created specifically for immigration attorneys."
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Matter of Ghanbari, 29 I&N Dec. 376 (BIA 2025)
- bond; mandatory detention; material support to a terrorist organization; propaganda; non-violent conduct
Ramos-Hernandez v. Bondi, No. 25-1038 (1st Cir. Dec. 22, 2025)
- asylum; withholding of removal; Guatemala; particular social group; family-based; business ownership; persecution; isolated events
Campuzano v. Bondi, No. 24-60575 (5th Cir. Dec. 22, 2025)
- authentication of criminal records; INA § 240(c)(3)(C); crime of child abuse; INA § 237(a)(2)(E)(i); categorical approach; modified categorical approach
Ruiz v. Bondi, No. 23-1095 (9th Cir. Dec. 22, 2025)
- jurisdiction; extraordinary circumstances; INA § 208(a)(2)(D); one-year filing deadline; 8 U.S.C. § 1252(a)(2)(D); mixed questions; discretion; asylum; withholding of removal; administrative closure
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Eimmigration
"Simplifies immigration casework. Legal professionals use it to advance cases faster, delight clients, and grow their practices."
- Special Link!
Gonzales & Gonzales Immigration Bonds
- P: (833) 409-9200
- immigrationbond.com
EB-5 Support
"EB-5 Support is an ongoing mentorship and resource platform created specifically for immigration attorneys."
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Stafi
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Matter of Tepec-Garcia, 29 I&N Dec. 371 (BIA 2025)
- termination; in absentia; DHS burden to prove alienage
Matter of L-A-G-B-, 29 I&N Dec. 339 (BIA 2025)
- Panama cartels; CAT; snitches; series of suppositions
Matter of Kim, 29 I&N Dec. 339 (BIA 2025)
- LPR cancellation of removal; discretion; criminal history; South Korea
Matter of Lema Mizhirumbay, 29 I&N Dec. 351 (BIA 2025)
- discretion; weighing factors; criminal history; OSHA violations
Matter of N-P-A-, 29 I&N Dec. 347 (BIA 2025)
- de novo; well-founded fear; ability to freely leave country; pretextual summons; Moldova
Matter of Rodriguez Pena, 29 I&N Dec. 358 (BIA 2025)
- bond; dangerousness; threats; false claim to citizenship; victim affidavits; dismissed criminal charges
Matter of Palma-Olvera, 29 I&N Dec. 355 (BIA 2025)
- good moral character; DUI; Castollo-Perez; rebutting presumption
Sanik Herrera v. Bondi, No. 25-3207 (6th Cir. Dec. 15, 2025)
- motion to reopen; exhaustion; due process; sua sponte
Liao v. Bondi, No. 25-60427 (5th Cir. Dec. 17, 2025)
- untimely petition for review; mandatory claims processing rule; Riley; prison mailbox rule; affidavits
Matter of L-T-A-, 29 I&N Dec. 362 (BIA 2025)
- firm resettlement; some other type of permanent resettlement; A-G-G-
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Eimmigration
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Check Nick out, below!
- www.linkedin.com/in/nicholas-perry-856198388
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Eimmigration
"Simplifies immigration casework. Legal professionals use it to advance cases faster, delight clients, and grow their practices."
- Special Link!
Gonzales & Gonzales Immigration Bonds
- P: (833) 409-9200
- immigrationbond.com
EB-5 Support
"EB-5 Support is an ongoing mentorship and resource platform created specifically for immigration attorneys."
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- Website: https://eb-5support.com/
Stafi
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Osabas-Rivera v. Bondi, No. 25-3168 (6th Cir. Dec. 8, 2025)
- untimely asylum filing; jurisdiction; satisfaction of the attorney general; exhaustion
Matter of Jimenez-Ayala, 29 I&N Dec. 325 (BIA 2025)
- LPR cancellation; discretion; insufficient rehabilitation; use of meth
Matter of W-F-, 29 I&N Dec. 319 (BIA 2025)
- CAT; particularly serious crime; mental health; B-Z-R-; Haitian prisons; Brian Concannon; gang violence; acquiescence
Matter of J-C-A-G-, 29 I&N Dec. 331 (BIA 2025)
- Mexican cartels; CAT; snitches; more likely than not; police; CJNG cartel; Sinaloa cartel
Matter of Dubon Miranda, 29 I&N Dec. 335 (BIA 2025)
- bond; dangerousness; dismissed convictions; allegations against a child victim; DUI; evasive testimony
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Eimmigration
"Simplifies immigration casework. Legal professionals use it to advance cases faster, delight clients, and grow their practices."
- Special Link!
Gonzales & Gonzales Immigration Bonds
- P: (833) 409-9200
- immigrationbond.com
EB-5 Support
"EB-5 Support is an ongoing mentorship and resource platform created specifically for immigration attorneys."
- Contact: info@eb-5support.com
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Pineda-Guerra v. Bondi, No. 25-3081 (6th Cir. Dec. 3, 2025)
- change of attorney address; BIA summary dismissal; BIA abuse of discretion where requirements not contained in Practice Manual or regulations
Restrepo Castano v. Bondi, No. 24-2117 (1st Cir. Nov. 28, 2025)
- unable or unwilling to protect; fruitful police protection; phone threats; Gulf Clan; Colombia
Dor v. Bondi, No. 25-1278 (1st Cir. Dec. 1, 2025)
- controlled substance offense; comparison with CSA at time of conviction; Massachusetts marijuana; hemp
De La Cruz-Quispe v. Bondi, No. 25-1421 (1st Cir. Dec. 5, 2025)
- nexus; domestic violence type asylum claim; personal vendetta; Peru
Silva de Santiago v. Bondi, No. 25-60064 (5th Cir. Dec. 4, 2025)
- abuse of a child under New Mexico Revised Statute § 30-6-1(D); crime of child abuse, neglect, or abandonment; exposing child to inclement weather; realistic probability test in the Fifth Circuit; stop time rule & INA § 212(a)(2)(B); LPR cancellation of removal
B. Singh v. Bondi, No. 24-815 (9th Cir. Dec. 1, 2025)
- past persecution; beatings; threats; reasonable relocation in India; Law Library of Congress report; Mann Party; Sikh
Cristales-de Linares v. Bondi, No. 25-3152 (6th Cir. Dec. 1, 2025)
- particularity; particular social group; women; employment and economic factors; failure to identify attackers; relocation; Tista-Ruiz; gangs; extortion; El Salvador
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Eimmigration
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Perez-Perez v. Bondi, No. 25-0315 (6th Cir. Nov. 21, 2025)
- qualifying relative age-out for non LPR cancellation of removal purposes; meaning of the phrase “would result”; Loper Bright; freezing age at time of IJ adjudication
Sarkisov v. Bondi, No. 25-0316 (6th Cir. Nov. 21, 2025)
- extraordinary circumstances for VAWA-based motions to reopen; mixed question of law and fact review; definition of extraordinary circumstances; psychological harm
Labrador Gutierrez v. Bondi, No. 25-60646 (5th Cir. Nov. 26, 2025)
- stay of removal; Nken
B.G.S. v. Bondi, No. 23-6862 (2d Cir. Nov. 24, 2025)
- government acquiesce; MS-13; Guatemala; former gang members; tattoos; prison conditions; Green Light order; prison guard consent; speculation expected with CAT
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Ramos Marquez v. Bondi, No. 24-1842 (4th Cir. Nov. 19, 2025)
- unable or unwilling to protect; relocation; police failure to arrest; futile reporting to police; agency ignoring evidence; cherry picking; CAT; quiescence; MS-130; Honduras state of exception; country condition evidence in Honduras
Matter of K-S-H-, 29 I&N Dec. 307 (BIA 2025)
- unable or unwilling to protect; single incident where police fail to investigate; Sikh asylum; relocation in India
Matter of B-S-H-, 29 I&N Dec. 313 (BIA 2025)
- VAWA-based motion to reopen; motion to reconsider; number and temporal limitations on VAWA-based motions to reopen; prima facie VAWA letter
Kazarian v. Bondi, No. 25-4427 (9th Cir. Nov. 18, 2025)
- FRAP 3(c)(1)(B) and 15(a)(2)(C); attaching BIA decision to PFR; excusing appellate requirements for pro se noncitizens; 8 U.S.C. § 1252(c); FRAP not claims processing rule
Luna-Corona v. Bondi, No. 24-9522 (10th Cir. Nov. 17, 2025)
- good moral character; DUI; recidivist behavior; considering conduct outside statutory period
McLean v. Bondi, No. 20-61098 (5th Cir. Nov. 20, 2025)
- crime of violence aggravated felony; threatened use of force; divisibility; different punishments; 18 U.S.C. § 115(a)(1); influencing a federal official by threat
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Matter of Cahuec Tzalam, 29 I&N Dec. 300 (BIA 2025)
- Special Immigration Juvenile Status; administrative closure; requirement to establish prima facie eligibility; some foreseeable resolution; visa bulletin; 8 C.F.R. § 1003.18(c)(3)
Solis-Flores v. Bondi, No. 22-1147 (4th Cir. Nov. 13, 2025)
- receipt of stolen property CIMT; VA Code § 18.2-108; realistic probability test; Loper Bright; CIMT definition in the Fourth Circuit
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Daley v. Choate, et al., No. 24-1191 (10th Cir. Nov. 3, 2025)
- EAJA; habeas; sovereign immunity canon; Loper Bright; civil action; importance of habeas
Martinez-Martinez v. Bondi, No. 241464 (4th Cir. Nov. 5, 2025)
- false testimony; INA § 101(f)(6); BIA review of missed questions of law and fact; Wilkinson; Patel; jurisdiction; failure to disclose alias
Rosa Arevalo v. Bondi, Nos. 24-60349, 24-60620 (5th Cir. Nov. 5, 2025)
- Illinois law vacating criminal conviction for procedural or substantive defect; motion to reopen; due diligence; equitable tolling
Dominguez Reyes v. Bondi, No. 25-60016 (5th Cir. Nov. 6, 2025)
- INA § 101(a)(43)(D) aggravated felony; circumstance specific approach; Matter of Babaisakov; tethered to offense; contesting forfeiture; profit not material
Calderon-Uresti v. Bondi, No. 24-60445 (5th Cir. Nov. 6, 2025)
- VAWA cancellation of removal; extreme cruelty; failure to corroborate credible testimony; exhaustion
United States v. Miller, 23-13069 (11th Cir. Nov. 6, 2025)
- sentence enhancement; ACCA; Florida cocaine derivative; categorical approach point of comparison Iuflopane; drug definition at point of committing the offense
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United States v. Ford aka Caveman, No. 23-1400 (10th Cir. Oct. 28, 2025)
- crime of violence; kidnapping; inveigling; federal definition despite no cross reference to federal statute
Matter of C-I-G-M- & L-V-S-G-, 29 I&N Dec. 291 (BIA 2025)
- third country removal; ACA with Honduras; Immigration Judge authority; 8 C.F.R. § 1240.11(h)
Chen, et al. v. Rubio, et al., No. 25-521 (2d Cir. Oct. 29, 2025)
- doctrine of consular nonreviewability; no constitutional right to live with parent or sibling; Munoz
Alfaro-Zelaya v. Bondi, No. 23-2069 (4th Cir. Oct. 31, 2025)
- failure to consider country condition evidence; femicide; gender-based claims in Honduras
Bastias v. U.S. Att'y Gen., No. 21-11416 (11th Cir. Oct. 30, 2025)
- INA § 237(a)(2)(E)(i) crime of child abuse, abandonment, or neglect; Fla. Stat. § 827.03(2)(d); Loper Bright and views of Judges Newsom, Marcus, and Middlebrooks
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United States v. Tooley, No. 24-5286 (6th Cir. Oct. 23, 2025)
- Borden; recklessness; crime of violence; wantonly; manslaughter; murder
Matter of Negusie, 29 I&N Dec. 285 (A.G. 2025)
- persecutor bar; asylum and withholding of removal; duress and voluntariness; history of asylum; 1967 protocol; evidentiary burden
Matter of J-A-N-M-, 29 I&N Dec. 287 (BIA 2025)
- IJ authority to terminate withholding-only proceedings; termination; at 8 C.F.R. § 1003.18(d)
Rojas-Espinoza, et al. v. Bondi, No. 24-7536 (9th Cir. Oct. 24, 2025)
- administrative stay of removal; Nken; delay; irreparable harm; likelihood of success on the merits; Ninth Circuit General Order 6.4(c)(1); public interest in removal; asylum; Peru
Yupangui-Yunga v. Bondi, No. 23-6522 (2d Cir. Oct. 24, 2025)
- non-LPR cancellation of removal; age out; exhaustion; anticipating arguments not required
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Ramos-Ramos v. Bondi, Nos. 23-9567, 24-9524 (10th Cir. Oct. 15, 2025)
- clear error standard of review; no need for BIA remand; circuit court granting asylum; unable or unwilling to protect; police failure to solve crime; police ignoring reporting; single mothers; nexus; relocation; fear of gangs; family based particular social group; Honduras
Pastor-Hernandez v. Bondi, No. 24-3104 (6th Cir. Oct. 17, 2025)
- motion to reopen to apply for voluntary departure; affidavit swearing that passport application is pending; conclusory affidavit; prima facie case to relief
Ani v. Bondi, No. 24-2339 (9th Cir. Oct. 16, 2025)
- adverse credibility; Alam; marriage fraud; denying asylum based on fraud to obtain different immigration benefits
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United States v. Rivera-Valdes, No. 21-30177 (9th Cir. Sep. 18, 2025) (en banc)
- notice reasonably calculated to reach noncitizen; due process; fundamental fairness; in absentia reopening; incorrect address in OSC
Matter of J-H-M-H-, 29 I&N Dec. 278 (BIA 2025)
- DHS stipulations not binding; CAT; transgender women in Honduras
Vergara Castellar v. Bondi, No. 24-2930 (7th Cir. Oct. 8, 2025)
- appealing in absentia order of removal before filing a motion to reopen
Jimenez, et al. v. Bondi, No. 24-9573 (10th Cir. Oct. 7, 2025)
- political opinion; fear of mafia leader; nexus; relocation; unwilling or unable to protect; death threats; failure to report; Colombia
Villalta Martinez v. Bondi, No. 24-115 (2d Cir. Oct. 8, 2025)
- CAT gang tattoo claims; Dr. Thomas Boerman; El Salvador’s state of exception; torturing prisoners; country condition reports specific enough; intentional prison overcrowding; rejecting claims by El Salvador’s Human Rights Ombudsman; lawful sanction under local law cannot defeat CAT
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Uc Encarnacion v. Bondi, No. 22-1601 (9th Cir. Sept. 30, 2025)
- fugitive disentitlement doctrine; adverse credibility; demeanor not reliable; omissions; experts to use in Mexico CAT claims; OIL abandoning issue in vague footnote; Mexican mental health facilities; particularized risk of torture not overly burdensome
Maurice v. Bondi, No. 21-1395 (1st Cir. Oct. 2, 2025)
- adjustment of status; uncorroborated police reports; failure to follow BIA precedent; uncorroborated police reports to deny discretionary relief; Arreguin; unique stop time rule arguments; Rosa; fundamental fairness
Amos v. Att'y Gen. U.S., No. 22-2095 (3d Cir. Oct. 1, 2025)
- due process; right to interpreter; credibility; particularly serious crime — no step two without meeting the step one elements analysis, and conspiracy; N-A-M-;exhaustion; error to deny CAT claim based on speculation; failure to identify attackers not fatal; CAT corroboration requirements; flight to Canada and return as applicant for admission; stand alone § 212(h) waiver
United States v. Campbell, No. 23-6186 (10th Cir. Sept. 30, 2025)
- Oklahoma armed robbery; Borden; realistic probability test satisfied by the text; looking to similar out-of-state statutes and decisions; recklessness
Rangel-Fuentes v. Bondi, No. 23-9511 (10th Cir. Sept. 29, 2025)
- no deference; Loper Bright; qualifying relative; non-LPR cancellation of removal; age out; 4,000 cap; BIA notice of appeal requirements; nexus
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Lopez-Gomez v. Bondi, No. 24-1921 (1st Cir. Sept. 22, 2025)
- motion to accept late-filed brief; inadvertently filing BIA brief on immigration court rather than BIA ECAS docket; BIA failure to explain itself; reasoned decision
Zapet-Alvarado v. Bondi, No. 24-1782 (1st Cir. Sept. 22, 2025)
- past persecution; unfulfilled threats; land dispute; extraordinary circumstances to excuse one-year asylum filing deadline; jurisdiction; Guatemala
Matter of McDonald, 29 I&N Dec. 249 (BIA 2025)
- discretion; LPR cancellation of removal; balancing of equations N.Y. Pen. L. § 260.10(1)
Matter J-A-, 29 I&N Dec. 253 (BIA 2025)
- asylum eligibility even where not credible; CAT deferral; specific intent to torture; specific ECHR report; arrest not torture; Uzbekistan
Matter of Frias Ulloa, 29 I&N Dec. 259 (BIA 2025)
- fentanyl isomers; N.J. Stat. Ann § 2C:35-5(b)(4); divisibility; modified categorical approach; Laguerre
Matter of Cotrufo, 29 I&N Dec. 264 (BIA 2025)
- bond; dangerousness; 18 year old having sex with a minor; state court opinions on dangerousness
Matter of L-A-L-T-, 29 I&N Dec. 269 (BIA 2025)
- imputed particular social group; perceived gang members; anti-gang political opinion; tattoos not immutable; Matter of E-A-G-; El Salvador
Vargas-Rodriguez v. Bondi, No. 25-0261 (6th Cir. Sept. 19, 2025)
- in absentia motion to reopen; requirement to update immigration court with address; DHS failure to file NTA in time; compliant NTA
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Fleurimond v. Bondi, No. 24-1913 (1st Cir. Sept. 18, 2025)
- CAT protection; low level prison guards and conditions in Haiti; mental health in Haiti; specific intent to torture; purpose
Matter of Landers, 29 I&N Dec. 240 (BIA 2025)
- disbarment of immigration attorney; practice of law; preparation of law; similar filings
Guzman-Torralva v. Bondi, No. 25-0259 (6th Cir. Sept. 17, 2025)
- in absentia motion to reopen; deficient NTA; prima facie eligibility for cancellation
Teles de Menezes v. Rubio, No. 24-1253 (1st Cir. Sept. 18, 2025)
- age out; CSPA; 8 U.S.C. § 1151(f)(2); F2A and F1; statutory interpretation; naturalization during visa pendency; legislative history
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Hewitt v. United States, No. 23-1002 (U.S. June 26, 2025)
- vacated conviction; statutory interpretation; First Step Act
Matter of Garcia-Flores, 29 I&N Dec. 230 (BIA 2025)
- overturning IJ on discretion; claiming innocence; considering credibility of criminal court witnesses; sexual crimes against minors
Matter of H-A-A-V-, 29 I&N Dec. 233 (BIA 2025)
- pretermitting asylum application; prima facie case for relief; extortion; material issue of fact
Myers v. Bondi, No. 23-3286 (8th Cir. Sept. 8, 2025)
- derivative citizenship; custody; child; VAWA provisions for children; material issue of fact
Garcia Morin v. Bondi, No. 24-60590 (5th Cir. Sept. 12, 2025)
- motion to reopen; equitable tolling of time bar; claims processing rule
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Ozurumba v. Bondi, No. 24-2070 (4th Cir. Sept. 2, 2025)
- material support of terrorism; duress exception; de minimis; Loper Bright; star decisis; facilitating return of noncitizen; Nigeria
Matter of R-E-R-M- & J-D-R-M-, 29 I&N Dec. 202 (A.G. 2025)
- family based particular social group; L-E-A-; rulemaking; social distinction
Matter of S-S-F-M-, 29 I&N Dec. 207 (A.G. 2025)
- domestic violence; gender; particular social group; unable or unwilling to protect; A-B-; rulemaking
Matter of Yajure Hurtado, 29 I&N Dec. 216 (BIA 2025)
- mandatory detention for all EWIs; redundant and superfluous statutory interpretation
Matter of Dobrotvorskii, 29 I&N Dec. 211 (BIA 2025).
- bond; flight risk; sponsor; DHS bond burden not really a burden
McDougall v. Bondi, No. 231722 (4th Cir. Sept. 5, 2025)
- CAT; ignoring evidence; ignoring claim in cumulative analysis’ mental health; race; physical disability; Guyana
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O.C.V., et al. v. Bondi, No. 23-9609 (10th Cir. Aug. 26, 2025)
- family-based particular social group; nexus; Matter of M-R-M-S-; Zombie precedent; vacatur of precedential BIA decision; overcoming animus
Sarabia v. Noem, No. 24-50750 (5th Cir. Aug. 22, 2025)
- certificate of citizenship; dicta; 8 U.S.C. § 1401(a)(7); 8 U.S.C. § 1503(a); jurisdictional statement; claims processing rule; timely AAO motion to reopen or reconsider; five-year lawsuit deadline
Matter of J-A-F-S-, 29 I&N Dec. 195 (BIA 2025)
- continuance of individual hearing; new forms of relief; prima facie eligibility; dilatory tactics; diligence
Lopez Cano v. Bondi, No. 22-1941 (1st Cir. Aug. 28, 2025)
- cancellation; economic hardship; anxiety; nexus
Ortiz Trejo v. Bondi, No. 23-1412 (1st Cir. Aug. 29, 2025)
- hardship; allergies; “evaluated all evidence of record”; boilerplate language
Abdulla v. Att’y Gen. U.S., No. 19-1167 (3d Cir. Aug. 27, 2025)
- derivative citizenship; Loper Bright; untimely BIA appeal and self-certification; exhaustion; definition of the term “when”; prior panel rule
Ibarra-Perez v. United States, No. 24-631 (9th Cir. Aug. 27, 2025)
- FTCA; jurisdiction; illegal third-country removal; INA § 242(g)
Lopez v. Bondi, No. 23-870 (9th Cir. Aug. 25, 2025) (denial of en banc rehearing)
- Loper Bright; star decisis; CIMT definition; invalidating prior precedent
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Moncada v. Rubio, No. 23-55803 (9th Cir. Aug. 20, 2025)
- birthright citizenship; diplomatic immunity; consul; attaché; Blue List; Department of State certificate of immunity; Wong Kim Ark
Matter of Buri Mora, 29 I&N Dec. 186 (BIA 2025)
- extreme and exceptionally unusual hardship; financial hardship; autism in qualifying relative; qualifying relative ability to obtain state benefits and Medicaid
Matter of O-Y-A-E-, 29 I&N Dec. 190 (BIA 2025)
- CAT; counterintelligence officer; EU sanction; IJ factual error; Venezuela
Matter of G-C-I-, 29 I&N Dec. 176 (BIA 2025)
- credibility; continuances; corroboration; implausibility; generalized country conditions; Georgia
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Guandique-De Romero v. Bondi, No. 24-1154 (4th Cir. Aug. 13, 2025)
- ineffective assistance; competence; fundamentally fair; wealth-based PSGs; women; family; reopening; prejudice
Rivas de Nolasco v. Bondi, No. 22-1176 (4th Cir. Aug. 14, 2025)
- women; Riley & PFR mid-proceedings; nexus; children & gangs
Alvarez Ronquillo v. Bondi, No. 24-1324 (4th Cir. Aug. 15, 2025)
- firearms trafficking; 101(a)(43)(C) aggravated felony; 18 U.S.C. § 922(a)(1)(A); consideration
Matter of Salas Pena, 29 I&N Dec. 173 (BIA 2025)
- bond; dangerousness; police reports; cocaine trafficking
Hernandez Flores v. Bondi, No. 23-6714 (2d Cir. Aug. 14, 2025)
- ineffective assistance; failure to advise of qualifying relative; marriage in proceedings; continuance; Patel
Romero-Lozano v. Garland, No. 23-60638 (5th Cir. Aug. 12, 2025)
- withholding only; reinstatement; Riley; reinstate mandate
Montiel Rubio v. Bondi, No. 24-60392 (5th Cir. Aug. 13, 2025)
- collectivos; persecution; getting shot; death threats; gassed; Venezuela
Suchite-Salguero v. Att'y Gen. U.S., No. 24-1970 (3d Cir. Aug. 14, 2025)
- new & previous unavailable before IJ; former hearing; Kisor; harmless error; Chenery; baby during appeal
Roman Sanchez v. Att'y Gen. U.S., No. 242-279 (3d Cir. Aug. 15, 2025)
- GMC; barring testimony; Castillo-Perez presumption; DUI
Rivas-Jarquin v. Bondi, No. 24-2386 (7th Cir. Aug. 11, 2025)
- pattern or practice; medical professionals; opposition to Sandinistas; Nicaragua
Santos Mendoza v. Bondi, No. 24-2796 (7th Cir. Aug. 14, 2025)
- cancellation; psychological hardship to children; financial hardship; Wilkinson
Martinez-Martinez v. Bondi, No. 24-3281 (7th Cir. Aug. 14, 2025)
- commune violence; unable or unwilling; relocation; Honduras
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All about Ira Kurzban, KKTP, and Immigrants' List:
- Attorney Profile: https://www.kktplaw.com/attorney/kurzban-ira-j-esq/
- Kurzban Kurzban Tetzeli and Pratt P.A.
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Hernandez Guardado v. Bondi, No. 23-92286 (4th Cir. Aug. 5, 2025)
- particular social group; women; anti-circularity not determinative; El Salvador
Matter of Akhmedov, 29 I&N Dec. 166 (BIA 2025)
- bond; flight risk; failure to timely file change of address EOIR-33
Matter of Garcia Martinez, 29 I&N Dec. 169 (BIA 2025)
- filing fees; fee waiver; presumptions
Garcia Pinach v. Bondi, No. 22-6421 (2d Cir. Aug. 4, 2025)
- misdemeanor sexual contact with a minor; NYPL § 130.60(2); aggravated felony; Loper Bright & star decisis; standard of review for equitable tolling
Wassily v. Bondi; Velasquez Arreaga v. Bondi, Nos. 22-6247_23-6289 (2d Cir. Aug. 7, 2025)
- adjustment of status for asylees; INA § 209; T-C-A-; statutory interpretation; definition of granted & status; termination of asylum status
Fiddler v. Bondi, No. 24-2604 (7th Cir. Aug. 7, 2025)
- CAT purpose; specific intent to torture; mental health; police shootings; Jamaica
Cortez, et al. v. Bondi, No. 24-9551 (10th Cir. Aug. 5, 2025)
- failure to sign certificate of service; ECAS; BIA rules; form instructions
Chavez-Govea v. Bondi, No. 24-9551 (10th Cir. Aug. 5, 2025)
- IJ asylum filing deadline; continuance; diligence; abuse of discretion; due process; motion to remand
Lopez-Martinez v. Bondi, No. 23-10105 (11th Cir. Aug. 6, 2025)
- substantial evidence and arbitrary and capricious standards of review; exceptional and extremely unusual hardship; Wilkinson; overview of standards of review; ADHD, denial of schooling, and whether medications are reasonably available
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Matter of Felix-Figueroa, 29 I&N Dec. 157 (BIA 2025)
- isomers; possession of methamphetamine; realistic probability test; burdens
Rivera Samayoa v. Bondi, No. 24-1432 (1st Cir. July 28, 2025)
- cancellation of removal; exceptional and extremely unusual hardship; mixed questions of law and fact; discretionary relief; cumulative hardship analysis
Real v. U.S. Att’y Gen., No. 24-1545 (3d Cir. July 30, 2025)
- due process; extraordinary circumstances; one-year asylum deadline; jurisdiction; INA § 208(a)(2)(D); INA § 203(a)(3)
Navarro v. Bondi, No. 24-1253 (4th Cir. July 31, 2025)
- MS-13; CAT protection; credibility; omissions; expert evidence; more likely than not; issue exhaustion.
Sanchez-Banos v. Bondi, No. 24-2241 (8th Cir. Aug. 1, 2025)
- administrative closure; Avetisyan factors; failure to submit hardship evidence
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Da Silva Borges v. Bondi, No. 24-1695 (1st Cir. July 18, 2025)
· DHS burden to prove alienage by clear, unequivocal, and convincing evidence; Woodby standard; Rosa
Perez Cruz v. Bondi, No. 24-2865 (9th Cir. July 21, 2025)
· CAT protection; Gulf Cartel; cooperation with U.S. government; presumption of regularity; considering entire record; audio issues; due process; prejudice; Mexico
Singh v. Bondi, No. 23-9598 (10th Cir. July 22, 2025)
· mental health; competency; hunger strike; continuance
Cano-Gutierrez v. Bondi, No. 24-1616 (1st Cir. July 24, 2025)
· asylum; CAT protection; nexus; particular social group; generalized violence; issue exhaustion; waiver of issues
Gomez-Gabriel v. U.S. Atty Gen., No. 24-2559 (3d Cir. July 24, 2025)
· Summary affirmance; 8 C.F.R. § 1003.1(e)(4); issue exhaustion; 8 U.S.C. § 1252(d)(1); nexus; gang violence; indigenous
Cabello Garcia v. USCIS, No. 23-35267 (9th Cir. July 22, 2025)
· 8 U.S.C. § 1252(a)(2)(B)(i); U visa adjustment of status; 8 U.S.C. § 1255(m); medical exam; discretionary relief; collateral challenge; adjustment of status; Administrative Procedure Act; due process; Patel v. Garland
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Qatanani v. Att'y Gen. U.S., No. 24-1849 (3d Cir. July 15, 2025)
- BIA self-certification; separation of powers; rescission; grant of LPR status; Kisor deference; constitutional violation & discretionary adjustment of status; due process
Matter of C-M-M-, 29 I&N Dec. 141 (BIA 2025)
- DHS meeting bond burden; danger; flight risk; withholding-only; unlawful reentries
Matter of K-E-S-G-, 29 I&N Dec. 145 (BIA 2025)
- particularity; sex; nationality; women viewed as property; societal views
Mejia-Hernandez v. Bondi, No. 23-1508 (7th Cir. July 17, 2025)
- family-based nexus; revenge; unable or unwilling; well-founded fear; threats rising to the level of past-persecution; murder of family members; untimely assertion of deficient NTA claims processing rule; Honduras
Singh v. Bondi, No 24-1602 (7th Cir. July 18, 2025)
- reissuing BIA decisions to petition for review; ineffective assistance of counsel; Lozada
Goncalves Leao v. Bondi, No. 24-1239 (1st Cir. July 14, 2025)
- exceptional and extremely unusual hardship review; child with drug issues; Monreal; absence of medical expert
Alay v. Bondi, No. 24-1299 (1st Cir. July 16, 2025)
- hardship review; children knowing mother is in dangerous situation; individualized analysis; Guatemala
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Matter of E-Z-, 29 I&N Dec. 123 (BIA 2025).
- CAT protection; returnees from the United States; anti Ukraine war political opinion; detention in Russia
Matter of Gonzalez Jimenez, 29 I&N Dec. 129 (BIA 2025)
- discretion; adverse factors; DUI; false tax information; false social security number; relying on advice of professionals
Matter of S-S-, 29 I&N Dec. 136 (BIA 2025)
- CAT protection; prison conditions in Haiti; anecdotal torture; mental health in Haiti; specific intent to torture
Castejon-Paz and Cerrato-Barahona v. Bondi, Nos. 22-6024, 22-6349 (2d Cir. July 8, 2025)
- withholding of removal review; claims processing rule; 30-day petition for review deadline; reinstatement; final order of removal; no-reasonable fear challenge; Riley
Garcia-Pascual v. Bondi, No. 20-2529 (8th Cir. July 7, 2025)
- economic hardship; difficulty of child visiting father abroad; non-LPR cancellation of removal
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AILA: https://www.aila.org/
Kelli Stump: https://www.stumpimmigration.com/
Jeff Joseph: https://www.bal.com/people/jeffrey-joseph/
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Tipan Lopez v. Att'y Gen. U.S., No. 24-1444 (3d Cir. June 30, 2025)
- nexus; subordinate; religion; Evangelical Christian; M-R-M-S-; incorporation of international law; no animus requirement; fervent but unsuccessful resistance to torture can be acquiescence; Ecuador
Matter of A-A-F-V-, 29 I&N Dec. 118 (BIA 2025)
- suspected gang members with tattoos; bisexual individuals; state exception policy in El Salvador; prison conditions; sharing criminal information with El Salvador; standard of review; use of statistical information
Lanoue v. Att’y Gen. U.S., No. 24-2583 (3d Cir. July 1, 2025)
- deceit; INA § 101(a)(43)(M)(i); 18 U.S.C. § 287; 18 U.S.C. § 2; false claims to Veterans Affairs; $10,000 amount; restitution; retroactive INA § 212(h) waiver; not an applicant for admission when under investigation
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Trump, et al. v. Casa, Inc., et al., No. 24-884 (U.S. June 27, 2025)
- injunctive relief in immigration cases
Riley v. Bondi, No. 23-1270 (U.S. June 26, 2025)
- withholding of removal review; claims processing rule; 30-day petition for review deadline; FARO; final order of removal
Lainez v. Bondi, No. 21-6386 (2d Cir. June 23, 2025)
- derivative citizenship; former INA § 321(a); establishing paternity through legitimation; Loper Bright; statutory interpretation; affirmative acts to establish paternity
Matter of Mayorga Ipina, 29 I&N Dec. 110 (BIA 2025)
- CIMT; mandatory detention; bond; lewd and lascivious conduct; indecent exposure
Matter of C-I-R-H- & H-S-V-R-, 29 I&N Dec. 114 (BIA 2025)
- nexus; identity of persecutors unknown; motive
Zalaya Orellana v. Bondi, No. 24-1111 (4th Cir. June 24, 2025)
- reserved cancellation of removal grant; 4,000 cap; OPPM 17-04; Accardi Doctrine; 8 C.F.R. § 1240.21
Xiquin Xirum v. Bondi, No. 24-1413 (1st Cir. June 25, 2025)
- cancellation of removal; exceptional and extremely unusual hardship; normal hardship to children
- Immigrants' List
Mejia Ponce, et al. v. U.S. Att’y Gen., No. 23-14124 (11th Cir. June 23, 2025)
- particular social group definition post-Loper Bright;prior panel’s alternative holding; limiting principles
Gurkirat Singh v. Bondi, No. 24-3091 (7th Cir. June 24, 2025)
- low-level Mann party Sikh asylum claim; reasonable relocation as mixed question of law and fact; Matter of Burbano; India
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Gonzalez Castillo v. Bondi, No. 24-3631 (6th Cir. June 18, 2025)
- crime of child abuse, abandonment, or neglect; conviction after naturalization; denaturalization; statutory interpretation; rule of lenity; “is convicted”
Matter of Roque-Izada, 29 I&N Dec. 106 (BIA 2025)
- termination of removal proceedings; parole; Cuban Adjustment Act; C.F.R. § 1003.18(d); Cabrera Fernandez; parole
Lemus-Escobar v. Bondi, No. 18-73423 (9th Cir. June 16, 2025)
- mental health; attorney not necessarily adequate safeguard; CIMT; NACARA; Loper Bright; shooting a firearm at an inhabited dwelling in violation of Cal. Pen. Code § 246; attorney withdrawal of asylum application; motion to reopen and discretion; withholding, CAT, and mental health facilities in Guatemala
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Links!!!!
- Co-Counsel NYC profile: https://cocounsel.org/our-team/
- Linkedin: https://www.linkedin.com/in/andrea-s%C3%A1enz-41aaa71/
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Li v. Bondi, No. 18-70278 (9th Cir. June 10, 2025)
- ineffective assistance of counsel before the circuit court; failure to file brief; motion for BIA to reissue decision; BIA failure to give reasoned consideration
De Souza Silva, et al. v. Bondi, No. 24-834 (9th Cir. June 11, 2025)
- past persecution; inability to practice religion freely; internal relocation; practicing religion in secret; Candomblé; Brazil
Matter of E-Y-F-G-, 29 I&N Dec. 103 (BIA 2025)
- bond; flight risk despite grant of withholding of removal; Laken Riley implications
Grey v. USCIS, No. 23-1910 (4th Cir. June 10, 2025)
- false testimony during deposition; good moral character for naturalization; FOIA exemption 7(E); evidentiary exclusion for discovery violations
Antonio de Paz-Peraza v. Bondi, No. 24-2854 (7th Cir. June 9, 2025)
- nexus; young Salvadoran males; gang recruitment; MS-13; El Salvador
Toalombo Yanez v. Bondi, No. 22-6267 (2d Cir. June 13, 2025)
- exceptional and extremely unusual hardship review; Wilkinson; clear error; serious medical condition standard; retroactivity
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Hadwan v. Dept. of State, No. 22-1624 (2d Cir. June 3, 2025)
- revocation of Consular Report of Birth Abroad (CRBA); revocation of passport abroad; CRBA revocation hearing; APA; due process; signed statement where signatory does not speak English; Office of Inspector General report against State Department officer
Matter of B-N-K-, 29 I&N Dec. 96 (BIA 2025)
- administrative closure; 8 C.F.R. § 1003.18; Matter of W-Y-U; recalendaring; TPS; persuasive reason for removal proceedings to be resolved on the merits
Singh v. Bondi, No. 22-6077 (2d Cir. June 3, 2025)
- credibility; border interview; REAL ID Act; I-213; Ramsameachire factors; Sikh; India
Linares-Rivas v. Bondi, 24-60186 (5th Cir. June 3, 2025)
- no jurisdiction to review non-LPR cancellation of removal discretion finding; exhaustion; issue raised in notice of appeal but not in BIA brief
Hsieh v. Bondi, No. 24-1013 (4th Cir. June 4, 2025)
- sexual abuse of a minor; coercion or enticement of a minor under 18 U.S.C. § 2422(b); crime of child abuse; Esquivel-Quintana; mens rea; attempt
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Castaneira v. Noem, No. 23-5204 (D.C.C. May 30, 2025)
- Adam Walsh Act; no risk determination; Matter of Chawathe; specified offense against a minor; preponderance of the evidence standard
Matter of Beltrand-Rodriguez, 29 I&N Dec. 76 (BIA 2025)
- bond; danger; de novo review; sexual conduct against a child
Matter of Bain, 29 I&N Dec. 72 (BIA 2025)
- discretion for non-LPR cancellation of removal
Matter of D-E-B-, 29 I&N Dec. 83 (BIA 2025)
- motion to reopen; discretion; VAWA cancellation of removal; ineffective assistance of counsel; substantial compliance with Lozada; purpose of bar complaint requirement
Matter of N-N-B-, 29 I&N Dec. 79 (BIA 2025)
- CAT; forced military conscription in Russia; series of suppositions
Matter of Lopez-Ticas, 29 I&N Dec. 90 (BIA 2025)
- deficient NTA; egregious circumstances to permit withdrawing admissions and concessions; timely assertion of claims processing rule; retroactivity; change in law
Sarkisov v. Bondi, No. 25-0140 (6th Cir. May 29, 2025)
- stay of removal; Nken; denial despite non-opposition from the government
Hamilton v. U.S. Att'y Gen., No. 23-14095 (11th Cir. May 29, 2025)
- deficient NTA and continuous residence for INA § 212(h); initiation of proceedings; Niz Chavez and equitable tolling for motion to reopen
Pietersen, et al. v. Dept. of State, et al., No. 24-5092 (D.C.C. May 30, 2025)
- avoiding doctrine of consular non-reviewability; K-1 visa; erroneous standard for future visa petitions; INA § 201(g); fraud or willful misrepresentation; reason to believe; INA § 212(a)(6)(C)(i)
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Xia v. Bondi, No. 24-2304 (2d Cir. May 19, 2025)
- Patel; no jurisdiction to review USCIS denial of adjustment of status
United States v. Doe, No. 22-14307 (11th Cir. May 21, 2025)
- criminal penalties under 8 U.S.C. § 1253(a)(1) for obstructing his removal or not cooperating with the procedures for obtaining travel out of the country; INA § 237(a); no requirement for admission; IIRIRA legislative history; deportation and exclusion
Ramos Goncalves v. Bondi, No. 24-1511 (1st Cir. May 20, 2025)
- untimely petition for review; post hoc extension; prison mailbox rule
Gonzalez-Juarez v. Bondi, No. 21-927 (9th Cir. May 20, 2025)
- exceptional and extremely unusual hardship; Wilkinson; standard of review; substantial evidence; Loper Bright; hardship in Mexico
Singh-Kar v. Bondi, No. 22-6309 (2d Cir. May 21, 2025)
- unable or unwilling to protect; ineffective assistance of counsel; Badal Party; Mann party; Sikh asylum claim; India
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Matter of F-B-G-M- & J-E-M-G-, 29 I&N Dec. 52 (BIA 2025)
- rebuttable presumption that email notifications sent via ECAS reach their recipient; equitable tolling of briefing deadlines
Matter of M-S-I-, 29 I&N Dec. 61 (BIA 2025)
- unable or unwilling to protect; acquiesce; generalized corruption; failure to report harm; Maoists; Nepal
Matter of Q. Li, 29 I&N Dec. 66 (BIA 2025)
- mandatory detention; alien arriving; applicant for admission; parole; INA § 235(b)(2)(A)
Soto Santos v. Bondi, No. 24-1733 (8th Cir. May 12, 2025)
- motion to remand; prima facie case for relief; hardship showing; enforcement priorities
Mohamed v. Bondi, No. 23-2556 (8th Cir. May 12, 2025)
- competency; mental health; fundamental procedural error; INA § 242(a)(2)(C)
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Ozturk v. Hyde, et al., No. 25-1019 (2d Cir. May 7, 2025) and Mahdawi v. Trump, et al., No. 25-1113 (2d Cir. May 9, 2025)
- habeas; transfer of noncitizens; INA § 241(g); venue; jurisdiction; INA § 242(a)(2)(B)(ii); INA § 242(g); INA § 242(b)(9); other jurisdiction stripping provisions; government motion for stay; government motion for mandamus
Matter of Choc-Tut, 29 I&N Dec. 48 (BIA 2025)
- bond; burdens; DUI; criminal court findings
Sandoval Argueta v. Bondi, No. 23-60080 (5th Cir. May 9, 2025)
- crime of child abuse; attempt; Loper Bright; no requirement for actual minor; INA § 237(a)(2)(E)(ii); motion top reconsider from abroad; judicial estoppel; DHS concessions
Calvary Albuquerque Inc., et al v. Rubio, et al., No. 24-2066 (10th Cir. May 6, 2025)
- doctrine of consular nonreviewability; Religious Freedom Restoration Act (RFRA); R-1 religious visa; renumeration or payment for B-1 work; fraud or willful misrepresentation; statutory interpretation
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Mayancela Guaman, et. al v. Bondi, No. 24-1295 (1st Cir. Apr. 28, 2025)
- mixed motive Ecuadorian women; BIA de novo review of nexus; Matter of M-R-M-S-; indigenous political parties; fear of Preside Correa; DHS burden to establish changed country conditions; Ecuador
Ibarra v. Bondi, No. 22-1560 (4th Cir. Apr. 29, 2025)
- good moral character catch-all provision at INA § 101(f); fraud; use of false identity; counsel’s assertion of Fifth Amendment privilege against self-incrimination
Baptista v. Bondi, No. 23-2237 (4th Cir. May 1, 2025)
- Mass. Gen. Laws ch. 265, § 20; unarmed assault with intent to rob or steal; fraud not theft; INA § 101(a)(43)(G) theft; definition of attempt; INA § 101(a)(43)(U) aggravated felony; larceny; steal; overt act
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Velázquez v. Bondi, No. 23-929 (U.S. Apr. 22, 2025)
- voluntary departure; service on the weekend; 60 day departure period; jurisdiction; INA § 242(a)(1); “days”; presumption that Congress legislates in harmony with what came before it
Matter of A-A-R-, 29 I&N Dec. 38 (BIA 2025)
- CAT deferral; former MS-13 members; state exception policy in El Salvador; experts; prison conditions; sharing criminal information with El Salvador; State Department reports; acquiesce and willful blindness; intent to torture; standard of review
Zhou v. Bondi, No. 24-3866 (6th Cir. Apr. 23, 2025)
- jurisdiction to review ineffective assistance of counsel motion to reopen; INA § 237(a)(1)(H) waiver; prejudice; discretion
Hussen v. Bondi, No. 23-1047 (4th Cir. Apr. 22, 2025)
- marriage during removal proceedings; prima facie standard for motion to reopen; clear and convincing evidence; reopening as an important safeguard; Muslim marriage; Matter of Velarde; credibility; Ethiopia
Oscar v. Bondi, No. 23-3858 (9th Cir. Apr. 23, 2025)
- offer of firm resettlement; prima facie case; exceptions – government consciously restricted residence; Haiti; Chile
Mendez Nolasco v. Bondi, No. 23-1947 (1st Cir. Apr. 23, 2025)
- non LPR cancellation of removal; exceptional and extremely unusual hardship; standard of review; inability of children to speak Spanish; Recinas; factors in the aggregate
Chanchavac Garcia v. Bondi, No. 24-1296 (1st Cir. Apr. 24, 2025)
- non-LPR cancellation of removal; special needs and loss of educational opportunities; BIA failure to consider evidence and explain analysis
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Abrego Garcia v. Noem, No. 25-1404 (4th Cir. Apr. 17, 2025)
- illegal abduction and disappearing of individuals with withholding of removal grants based on Executive overreach; facilitate
Ebu v. USCIS, No. 24-5431 (6th Cir. Apr. 16, 2025)
- declaratory relief; naturalization with ongoing removal proceedings; INA § 318; INA § 336(b); legislative history
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Blanco Contreras v. Bondi, No. 22-1538 (1st Cir. Apr. 9, 2025)
- exceptional and extremely unusual hardship; Wilkinson; ignoring evidence; failure to consider psychological report
Matter of Iskandarani, 29 I&N Dec. 26 (BIA 2025)
- notice of appeal deadline; oral decision; written decision; 8 C.F.R. § 1003.38(b); law addendum
Matter of O-A-R-G-, 29 I&N Dec. 30 (BIA 2025)
- former police officers; immutability; particular social group; nexus; animus, anti-circularity; M-R-M-S-; police officers; FARC; Colombia
Thankarasa v. Att'y Gen. U.S., No. 23-3204 (3d Cir. Apr. 10, 2025)
- denying asylum as a matter of discretion; entry fraud; Matt of Pula; reconsidering asylum when withholding of removal is granted; Tamil; Sri Lanka
Chavez v. Bondi, No. 23-1379 (4th Cir. Apr. 10, 2025)
- CIMT; petit larceny; Loper Bright; affirmative defense; mens rea; reprehensible conduct; changing societal norms; due respect for Diaz-Lizarraga
Thank you NILA!
- https://immigrationlitigation.org/
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Alvarez Mendoza v. Bondi, No. 24-1112 (1st Cir. Mar. 31, 2025)
- cooperators against MS-13; Henriquez-Rivas; persecution in the U.S.; Matter of H-L-S-A-; social distinction and ocular visibility; El Salvador
United States v. Cervenak, No. 23-3466 (6th Cir. Apr. 2, 2025) (en banc)
- crime of violence; realistic probability test; robbery in violation of Ohio Rev. Code § 2911.02
Mathin v. Mayorkas, 746 F. Supp. 3d 1327 (M.D. Fla. Aug. 16, 2024)
- naturalization review; INA § 310(c); warrant of arrest; statutory interpretation; declaratory relief
Safe Passage Project:
- www.safepassageproject.org
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Delligatti v. United States, No. 23-825 (U.S. Mar. 21, 2025)
- crime of violence; force through omission; New York attempted murder; Castleman; Stokeling; meaning of “use”; limits of Borden; bodily injury; “ordinary meaning”
Ayala Chapa v. Bondi, No. 21-60039 (5th Cir. Mar. 24, 2025)
- temporary appellate IJs; temporary Board member; Santos Zacaria; INA § 103(g)(1); Attorney General authority; ultra vires argument
Yocom, et al. v. USCIS, et al., No. 22-0839 (S.D. Cal. Mar. 21, 2025)
- discovery to challenge I-130 denial; INA § 204(c); deposition of ex-wife; deposition of USCIS; no requirement to submit sworn statement; Munoz; coercive behavior; due process violation
Litigation tracker: https://www.justsecurity.org/107087/tracker-litigation-legal-challenges-trump-administration/
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Matter of C-A-R-R-, 29 I&N Dec. 13 (BIA 2025)
- incomplete I-589; deeming asylum application abandoned for failure to include asylum declaration; cocaine admission and good moral character
Matter of Dor, 29 I&N Dec. 20 (BIA 2025)
- point of comparison of CSA and state drug schedule; INA § 237(a)(2)(B)(i); Brown; Mass. Gen. Law Ch. 94C § 32c(a); distribution of marijuana
Duarte De Martinez v. Bondi, No. 24-1057 (1st Cir. Mar. 19, 2025)
- individualized inquiry for exceptional and extremely unusual hardship; learning disability; inability to learn in foreign country; inability to learn foreign language; common hardship in the aggregate
Salinas v. Bondi, No. 23-2779 (8th Cir. Mar. 19, 2025)
- point of comparison of CSA and state drug schedule; INA § 237(a)(2)(B)(i); North Dakota definition of marijuana; Cannabis sativa L
Singh v. Bondi, No. 23-1247 (9th Cir. Mar. 17, 2025)
- credibility; Matter of R-K-K-; similar affidavits; DHS charts; Singh v. Garland distinguished; frivolous asylum finding; Mann Party; Sikh; India
State Dept. Article
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- Episodes will be published every Tuesday morning, going forward : )
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Rosa v. Bondi, No. 24-1240 (1st Cir. Mar. 14, 2025)
- DHS burden to prove alienage by clear, unequivocal, and convincing evidence; Woodby standard
Wilkinson v. Att'y Gen. U.S., No. 21-3166 (3d Cir. Mar. 11, 2025)
- extreme and exceptionally unusual hardship; substantial evidence standard of review; psychological harm without experts
Rahman v. Bondi, No. 23-3608 (6th Cir. Mar. 13, 2025)
- types of hardship review; Wilkinson; INA § 212(i) waiver; INA § 212(a)(9)(B)(v) waiver; unlawful presence waiver; no adverse credibility review; satisfaction of the Attorney General
Dineshkumar Patel v. Bondi, No. 24-3614 (6th Cir. Mar. 11, 2025)
- fear of loan sharks; extortion; nexus; acquiesce; India
Gulomjonov v. Bondi, No. 21-2844 (7th Cir. Mar. 14, 2025)
- material change exception to one year asylum filing deadline; Loper Bright; satisfaction of the attorney general; heightened deference; 8 C.F.R. § 1208.4(a)(4)(ii); reasonable time; Catholic converts; Uzbekistan
Singh v. Bondi, No. 23-9589 (10th Cir. Mar. 11, 2025)
- unable or unwilling to protect; reporting to police; State Department reports; Mann party asylum claim; Sikh; India
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Lau v. Bondi, No. 21-6623 (2d Cir. Mar. 4, 2025)
- LPR as arriving alien applicant for admission; INA § 101(a)(13)(C)(v); CIMT; Matter of Valenzuela-Felix; parole
Penaranda v. Bondi, No. 23-6584 (2d Cir. Mar. 7, 2025)
- false testimony, good moral character, and INA § 101(f)(6); Loper Bright and star decisis; Matter of Fernandes; timely assertion of claims processing rule violation; deficient NTA; Wilkinson and non-LPR cancellation of removal
Mohammed v. Bondi, No. 24-3649 (6th Cir. Mar. 4, 2025)
- arson in violation of VA Code § 18.2-77; malice; INA § 101(a)(43)(E)(i) arson aggravated felony; federal accomplice liability; 18 U.S.C. § 2
Laguna Rivera v. U.S. Att'y Gen., No. 23-12398 (11th Cir. Mar. 5, 2025)
- prior precedent rule; persecution of family members; exhaustion; failure to raise arguments to the BIA; considering support affidavits after adverse credibility; harm in the past; political involvement in Nicaragua
Tian v. Bondi, No. 22-6053 (2d Cir. Mar. 5, 2025)
- political opinion; opposition to China’s property confiscation laws; pretextual arrest as persecution; pretextual prosecution; police beating; BIA failure to analyze material evidence
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Xia v. Scott, No. 23-3055 (8th Cir. Feb. 27, 2025)
- exceptions to Hague Act adoption; habitual residence; I-130 petition by adoptive parent; reasoned consideration by BIA
United States v. Parham, No. 23-4249 (4th Cir. Feb. 26, 2025)
- crime of violence; threat of sodomy accusation; physical force; sentence enhancement; robbery in violation of Va. Code § 18.2-58
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- Stay positive! : )
El Manyary v. Bondi, No. 22-3102 (8th Cir. Feb. 21, 2025)
- in absentia motion to reopen; Campos-Chavez; stop-time rule; equitable tolling; sua sponte; exceptional circumstances for missing hearing; hearing notice in foreign language
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Lapadat, et al. v. Bondi, No. 23-1745 (9th Cir. Feb. 12, 2025)
- past persecution; being shot; attempted kidnapping; death & rape threats; IJ mischaracterizing testimony; Roma; “gypsies”; pernicious maltreatment; no requirement for lasting injuries; disfavored group analysis for well founded fear; relevance of EU policy
Perez-Perez, et al. v. Bondi, No. 23-4240 (9th Cir. Feb. 10, 2025)
- FRAP 15(a)(2)(A); listing names of petitioners in case caption
Murillo-Chavez v. Bondi, No. 23-1997 (9th Cir. Feb. 13, 2025)
- firearms offense; INA § 237(a)(2)(C); antique firearms exception; divisibility; O.R.S. § 166.250; admitted in any status for LPR cancellation; stop-time rule; SIJ status; Supreme Court effectively overruling precedent; criminal mistreatment in violation of O.R.S. § 163.205; CIMT definition & analysis post-Loper Bright
Ikome v. Bondi, No. 22-60606 (5th Cir. Feb. 12, 2025)
- continuance; motion to remand; Patel &Wilkinson; jurisdiction to consider adjustment of status continuance; motion to remand where I-130 approved; due diligence
Porter v. Bondi, No. 24-3125 (6th Cir. Jan. 24, 2025)
- possession with intent to distribute methamphetamine in violation of Va. Code Ann. § 18.2-248; no need for renumeration; CSA felony; methamphetamine isomers; drug divisibility
Sanches Alves v. Bondi, No. 24-1258 (1st Cir. Feb. 12, 2025)
- domestic violence-type asylum claim; nexus; personal dispute
Phimmady v. Bondi, No. 24-1330 (1st Cir. Feb. 10, 2025)
- sua sponte motion to reopen due to vacated conviction; BIA settled course of adjudication; using unpublished BIA decisions; diligence
Ferchichi v. Bondi, No. 23-1123 (8th Cir. Feb. 14, 2025)
- inadequate medical care; nexus; spina bifida; mixed motive; future persecution; Algeria
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Funez-Ortiz v. McHenry, No. 23-2290 (4th Cir. Feb. 4, 2025)
- CAT protection; BIA overturning IJ; under color of law; gangs wearing military uniform; acquiescence; presumption of regularity
Matter of De Jesus-Platon, 29 I&N Dec. 7 (BIA 2025)
- Cal. Pen Code § 1473.7 vacated conviction; post-conviction relief; Cal. Pen. Code § 18.5; Matter of Velasquez-Rios; CIMT; Cal. Pen Code § 422; motion to remand; procedural or substantive defect; noncitizen's burden
Becerril-Sanchez v. Bondi, No. 23-3349 (8th Cir. Feb. 6, 2025)
- fear of cartels and police in Mexico; harm in utero as past persecution; insufficient threats and beating for past persecution; motion to reopen and women in Mexico
United States v. Greenberg, No. 23-7168 (2d Cir. Feb. 3, 2025)
- criminal prosecution of immigration attorneys; 18 U.S.C. § 1546(a) ¶ 1; conspiracy to obtain documents through fraud
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Matter of Baeza-Galindo, 29 I&N Dec. 1 (BIA 2025)
- single scheme of criminal conduct; two or more CIMTs; temporal limitation; INA § 237(a)(2)(A)(ii); criminal intent
Turner v. U.S. Att’y Gen., No. 22-11207 (11th Cir. Jan. 30, 2025)
- former INA 321(a)(3); derivative naturalization; present-perfect tense; legal separation; Loper Bright; Skidmore deference
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Odds and ends, nonprofits, and law students
- effected nonprofits and law students: email me if you need anything at kgregg@kktplaw.com
Aguilar-Quintanilla v. McHenry, No. 24-60142 (5th Cir. Jan. 24, 2024)
- CAT protection; removal does not moot CAT challenge; ICE facilitating return; suspected gang members in El Salvador; CAT even with adverse credibility; requirement to consider affidavits; requirement to actually consider evidence, rather than simply mention
Villagomez v. McHenry, No. 23-3558 (9th Cir. Jan. 24, 2025)
- crime of violence; general intent crimes; battery resulting in substantial bodily harm under Nev. Rev. Stat. § 200.481(2)(b); mens rea; violent force; Johnson; Borden
Martinez v. Clark, No. 21-35023 (9th Cir. Dec. 27, 2024) (remand)
- detention; dangerousness; jurisdiction; mixed question of law and fact; INA § 236
Doe v. Becerra, 732 F.Supp.3d 1071 (N.D. Cal. 2024)
- prolonged detention; mandatory detention; conditions of detention; habeas; punitive detention; alternatives to detention; substantive due process
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Ndungu v. Att'y Gen. U.S., No. 20-2562 (3d Cir. Jan. 13, 2025) (en banc)
- history of CIMT; transactional view of res judicata; fleeing or attempting to elude law enforcement, in violation of 75 Pa. Cons. Stat. § 3733(a.2)(2); documents to be considered under the categorical approach; divisibility analysis; different punishments; Pennsylvania’s mens rea gap filling statute; hypotheticals
Matter of Arciniegas-Patino, 28 I&N Dec. 883 (BIA 2025)
- electronic notice of briefing schedule and deadlines; ECA; duty to check email and SPAM folder; motion to reconsider
Vargas Panchi v. Garland, No. 24-1172 (1st Cir. Jan. 13, 2025)
- indigenous men in Ecuador; race; nexus; soccer fight; denial of medical care; pattern or practice of persecution
Mateo-Esteban v. Garland, No. 23-3951 (6th Cir. Jan. 13, 2025)
- asserting particular social group for first time on appeal; Matter of W-Y-C- & H-O-B-; children who fear gangs in Guatemala; failure to report harm and CAT protection
Godoy-Aguilar v. Garland, No. 19-70960 (9th Cir. Jan. 13, 2025)
- aggravated felony relating to obstruction of justice; INA § 101(a)(43)(S); Cal. Penal Code § 136.1(c)(1); Pugin; mens rea and related statutes; attempts; preventing arrest
Santos-Zacaria v. Garland, No. 19-60355 (5th Cir. Jan. 13, 2025)
- transgender women in Guatemala; past persecution as a child; rape; BIA fact finding; mixed question of law and fact; failure to conduct pattern or practice analysis
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Akinsanya v. Garland, No. 24-1412 (1st Cir. Jan. 10, 2025)
- duty to intervene standard for government acquiesce or consent for CAT deferral; UN duty to intervene; two-pronged analysis; Boko Haram; Nigeria
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United States v. Defrance, No. 23-2409 (9th Cir. Dec. 30, 2024)
- crime of violence; “bodily injury”; MT Code Ann. § 45-5-206(1)(a); assault; emotional or verbal injury; realistic probability test
Zarzecki v. Garland, No. 21-3267 (7th Cir. Jan. 3, 2025)
- wholesale exclusion of evidence during adjustment of status discretionary analysis as legal error; de novo review of discretion
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Singh v. Garland, No. 23-2065 (9th Cir. Dec. 24, 2024)
- prior adverse credibility & motion to reopen; disregarding affidavits; corroborating evidence; falsus in uno, falsus in omnibus; Mann party; Sikh; Badal Party
Chmukh v. Garland, No. 21-1096 (9th Cir. Dec. 23, 2024)
- RCW § 69.50.4013; possession of stolen property aggravated felony; INA § 101(a)(43)(G); particularly serious crime; aggravated felony satisfying N-A-M- first step; dangerousness; issue exhaustion; Ukraine
Magana-Magana v. Garland, No. 23-1887 (9th Cir. Dec. 26, 2024)
- VAWA motion to reopen; jurisdiction; mixed question of law and fact; extraordinary circumstances or extreme hardship to children; exhaustion; sua sponte
Rodrigues v. Garland, No. 23-1776 (1st Cir. Dec. 27, 2024)
- well-founded fear; objective reasonableness; drug dealers in Brazil; political opinion opposition to powerful family
Chacon-Ruiz v. Garland, No. 21-3694 (8th Cir. Dec. 24, 2024)
- motion to reopen for exceptional and extremely unusual hardship; motion to reconsider; children in foster care
Mateo-Mateo v. Garland, No. 23-2694 (7th Cir. Dec. 24, 2024)
- family-related violence-type asylum; harm by family member
Moctezuma-Reyes v. Garland, No. 24-0274 (6th Cir. Dec. 23, 2024)
- legal definition of exceptional and extremely unusual hardship; agency deference post-Loper Bright; star decisis post-Loper Bright; rare hardship
National Immigration Project links:
- Trial Skills for Immigration Court
- J.O.P. v. DHS Settlement Agreement
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Viana Guedes, et al., v, Mayorkas, et al., No. 24-1228 (1st Cir. Dec. 16, 2024)
- I-140 revocation; Bouarfa; jurisdiction; Patel; EB-2 NIW; discretion
Salomon-Guillen v. Garland, No. 23-1723 (4th Cir. Dec. 18, 2024)
- temporary Appellate Immigration Judge; substantive vs. internal housekeeping regulations; agency following regulations where rights are affected; INA § 103(g); discretionary findings; extreme hardship; Patel
Albayero-Gomez v. Garland, No. 23-3549 (8th Cir. Dec. 20, 2024)
- asylum; Matter of Burbano; unable or unwilling to protect; Guatemala
Luna v. Garland, No. 21-60195 (5th Cir. Dec. 17, 2024)
- in absentia motion to reopen; Campos-Chavez; deficient NTA; Rodriguez; non-receipt of notice of hearing; sworn affidavit; presumption of delivery
Cuenca-Arroyo v. Garland, No. 23-60100 (5th Cir. Dec. 18, 2024)
- exceptional and extremely unusual hardship; Wilkinson; jurisdiction to review voluntary departure; review of request for continuance
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Case round up:
- United States v. Burwell, No. 16-3009 (D.C. Cir. Dec. 9, 2024) – crime of violence; divisibility; Federal bank robbery in violation of U.S.C. § 2113(a); common law robbery; Mathis peek; jury instructions
- Treez, Inc. v. DHS, Case No. 22-cv-07027 (N.D. Cal. Dec. 3, 2024) – marijuana dispensary; H-1B; aiding and abetting controlled substance act violation
Bouarfa v. Mayorkas, et al., No. 23-583 (U.S. Dec. 10, 2024)
- revocation of I-130 petition; INA § 204(c); jurisdiction; discretion; may; INA § 242(a)(2)(B)(ii)
Matter of Dominguez Reyes, 28 I&N Dec. 878 (BIA 2024)
- amount of loss; circumstance specific approach; INA § 101(a)(43)(D); certification of criminal documents
Quito-Guachichulca v. Garland, No. 23-1069 (8th Cir. Dec. 9, 2024)
- aggravated felony rape; INA § 101(a)(43)(A); sexual abuse; digital penetration; statutory interpretation; survey of state case law; res judicata
Mondzali Bopaka v. Garland, No. 21-1384 (1st Cir. Dec. 13, 2024)
- adverse credibility; motion to reopen to submit new evidence; I-589 errors and omissions; inconsistencies; ineffective assistance of counsel motion to reopen; Republic of the Congo
Lopez-Quinteros v. Garland, No. 23-1890 (1st Cir. Dec. 13, 2024)
- family based particular social group; business owners; mixed motive; gang extortion; El Salvador
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Escobar Larin v. Garland, No. 23-2088 (1st Cir. Dec. 5, 2024)
- mental health; extraordinary circumstances exception to one-year asylum deadline; changed circumstances; aggregating all sources of torture; gangs; El Salvador
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Lamine Kouyate v. Garland, No. 23-1960 (4th Cir. Nov. 27, 2024)
- CAT deferral; political power in Guinea; exhaustion of particularly serious crime argument before the BIA; MD. Crim. Code § 8-301(c)(2)(i) identity fraud
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Diaz-Valdez v. Garland, No. 23-1576 (1st Cir. Nov. 22, 2024)
- BIA notice of appeal deadlines; equitable tolling; diligence; extraordinary circumstances; attorney statements; evidentiary sufficiency; guaranteed delivery
Matter of Larios-Gutierrez De Pablo and Pablo-Larios, 28 I&N Dec. 868 (BIA 2024)
- timely objection to deficient NTA; retroactivity; Matter of Fernandes; claims processing rule; change of law
USA v. Minor, No. 22-51083 (5th Cir. Nov. 20, 2024)
- federal definition of marijuana; hemp; guideline sentence enhancement; time of comparison; Brown v. United States; realistic probability test does not apply
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Aleman Belloso v. Garland, No. 23-114 (9th Cir. Nov. 13, 2024)
- nexus; church leader; political opinion; particular social group - influential church leaders; no requirement to report harm for CAT; circularity not fatal; agency misconstruing PSG; no need to report government harm; FMLN; El Salvador
Manuel-Soto v. Att'y Gen. U.S., No. 24-1089 (3d Cir. Nov. 12, 2024)
- small business owners; particularity; immutability; police investigation and unable or unwilling; Guatemala
Urias-Orellana v. Garland, No. 24-1042 (1st Cir. Nov. 14, 2024)
- death threats, extortion, and past persecution; reasonable relocation; failure to report and government acquiescence; country condition reports; El Salvador
Cortez-Mejia v. Garland, No. 23-1717 (1st Cir. Nov. 15, 2024)
- generalized fear of gang violence; 18th Street Gang recruitment against MS-13; death threats; El Salvador
Medina-Suguilanda v. Garland, No. 23-2031 (1st Cir. Nov. 14, 2024)
- unable or unwilling to protect; failure to report to police because of risk of danger; domestic violence; mixed question of law and fact; Ecuador
ABA Commission on Immigration
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Reid v. Garland, No. 20-3324 (2d Cir. Nov. 5, 2024)
- mental competency; Matter of M-A-M- safeguards; due process; no prejudice required; termination for regulator violations
Morgan v. Garland, No. 24-1280 (1st Cir. Nov. 5, 2024)
- serious reasons for believing noncitizen has committed serious non-political crime; probable cause; police acquiescence standard for CAT protection; failure to act; exhaustion; gangs; Jamaica
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Farhane v. United States, No. 20-1666 (2d Cir. Oct. 31, 2024) (en banc)
- denaturalization; ineffective assistance of counsel in criminal proceedings; Strickland; collateral consequences; Padilla
Matter of Khan, 28 I&N Dec. 850 (BIA 2024)
- CIMT; categorical approach; consideration elements of sentence enhancement; gross vehicular manslaughter while intoxicated; Cal. Pen. Code § 191.5(b); sentencing enhancement for fleeing the scene of an accident Cal. Veh. Code § 20001(c); combining mens rea and actus reas; standalone § 212(h) waiver; continuous residence for LPR cancellation
Diaz-Arellano v. U.S. Att'y Gen., No. 22-12446 (11th Cir. Oct. 29, 2024)
- aging out qualifying relatives; non-LPR cancellation of removal; Loper Bright
Sustaita-Cordova v. Garland, No. 23-60095 (5th Cir. Oct. 31, 2024)
- hardship review; Wilkinson and good moral character; contested facts; U visa waiver; deficient NTA claims processing rule
Seldon v. Garland, No. 24-0246 (6th Cir. Oct. 31, 2024)
- fraud; § 237(a)(1)(H) waiver & joint I-751 petition; Loper Bright; Kisor deference; Bador; failure to inform about asylum or other relief; refusal to answer questions at interview
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Corpeno-Romero, et al. v. Garland, No. 23-576 (9th Cir. Oct. 23, 2024)
- past persecution; death threats; nexus; family membership; no requirement to wait to be killed; emotional trauma; lessened-harm standard for children; mixed motive and family based asylum; M-18 gang; El Salvador
Al Otro Lado, et al. v. EOIR, et al., No. 22-55988 (9th Cir. Oct. 23, 2024)
- metering; Asylum Transit Rule; nationwide injunction; APA
Garcia Oliva v. Garland, No. 23-1841 (1st Cir. Oct. 21, 2024)
- adverse credibility; omissions; discrepancy; heart of the claim; candor; former bodyguards; Guatemala
Galvez-Bravo v. Garland, No. 24-0239 (6th Cir. Oct. 23, 2024)
- exceptional and extremely unusual hardship; mixed question of law and fact; motion to reopen; dyslexia; unexplained departure by the BIA
Francois v. Garland, No. 20-61134 (5th Cir. Oct. 24, 2024)
- standard of review; mental health facilities in Haiti; clear error; BIA shirking duties; sua sponte remand for further factual findings
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Montejo-Gonzalez, et al. v. Garland, No. 21-304 (9th Cir. Oct. 17, 2024)
- in absentia motion to reopen based on exceptional circumstances; unconscionable result of removal; totality of the circumstances; traffic accidents; children; prima facie reliefinapplicable
Vargas-Salazar v. Garland, No. 23-2097 (1st Cir. Oct. 17, 2024)
- past persecution; unfulfilled threats; outpatient medical treatment; gangs; extortion; Ecuador
Figueroa v. Garland, No. 22-1272 (1st Cir. Oct. 17, 2024)
- Nicaraguan Adjustment and Central American Relief Act (NACARA); extreme and exceptionally unusual hardship; financial hardship; hardship review - mixed question of law and fact
Immigration Advocates for Democracy: T visas and Immigrants List Fundraiser:
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Meza Diaz, et al. v. Garland, No. 23-973 (9th Cir. Oct. 8, 2024)
- family-based past persecution claim; harm to family members as persecution; nexus for kidnapping; unable or unwilling to control only in home city; police statement that they cannot protect; cartel; Mexico
Alvarado-Reyes v. Garland, No. 23-1726 (1st Cir. Oct. 7, 2024)
- nexus; family; Salvadoran men; resistance to gang recruitment; BIA reasoned consideration; due process and indiscernible transcripts; El Salvador
Next Lawyer Up Podcast
- Episode 153 - Next Lawyer Up with Ron Sykstus featuring Kevin Gregg | Bond & Botes Law Offices (bondnbotes.com)
- https://www.bondnbotes.com/next-lawyer-up
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Nguyen v. Jaddou, No. 23-20597 (5th Cir. Oct. 3, 2024)
- EB-3 visa; revoked I-140 petition; portability; successor-in-interest; jurisdiction
Singh v. Garland, No. 23-95 (9th Cir. Oct. 4, 2024)
- credibility; Matter of R-K-K-; similar affidavits; DHS charts; relocation; speculation; absence from Department of State report; Mann Party; Sikh; India
Next Lawyer Up Podcast
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Tereshchenko v. Karimi, No. 24-172 (2d Cir. May 16, 2024)
- Hague Convention on the Civil Aspects of International Child Abduction; wrongful removal; Interpol Yellow Notice; waiving affirmative defense; Ukraine
United States v. Verdugo, 682 F. Supp. 3d 869 (S.D. Cal. 2023)
- generic federal definition of methamphetamine; analogs vs. isomers; Cal. Health and Safety Code §§ 11379(a) and 11378; United States v. Rodriguez Gamboa
Sridej v. Blinken, et al., No. 23-16021 (9th Cir. July 23, 2024)
- extradition; habeas; State Department official; the rule of non-inquiry; CAT; Thailand
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Matter of Thakker, 28 I&N Dec. 843 (BIA 2024)
- Matter of Jurado; temporary taking; Diaz Lizarraga; retail theft; 18 Penn. Con. Stat § 3929(a)(l)
Mazariegos-Rodas v. Garland, No. 21-4064 (6th Cir. Sept. 20, 2024)
- family nexus; due process, bias, and exhaustion; ignoring fact affidavits; substantial; gang need not explain reason for targeting; mixed motive; Matter of M-R-M-S-; animus not required; generous BIA standard for mixed-motive cases; Brand-X
Badose v. Garland, No. 23-1156 (1st Cir. Sept. 20, 2024)
- DHS failure to oppose motion to remand for adjustment of status; settled course of adjudication; arbitrary and capricious departure; adverse credibility; improper BIA factfinding on motion to remand
Banyee v. Garland, No. 22-2252 (8th Cir. Sept. 17, 2024)
- mandatory detention; INA § 236(c); prolonged detention; bond hearing; Demore
Lopez Orellana v. Garland, No. 23-60248 (5th Cir. Sept. 18, 2024)
- service of FARO; DHS violations of NOI and FARO procedures; INA § 101(a)(43)(S) obstruction of justice; specific intent; general intent; prejudice; facilitating return of removed noncitizen
Singh v. Garland, No. 20-70050 (9th Cir. Sept. 17, 2024)
- in absentia motion to reopen based on exceptional circumstances; unconscionable result of removal; totality of the circumstances; accepting affidavits; erroneous reliance on attorney; Lozada inapplicable
National immigration Project of the National Lawyers Guild Supreme Court resource
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Castellanos-Ventura v. Garland, No. 21-6293 (2d Cir. Sept. 13, 2024)
- Honduran women; harm by family as a child; failure to report as a child; unable or unwilling to protect; erroneous reliance on State Department report; failure to consider conflicting evidence
Patel v. Garland, No. 23-3461 (6th Cir. Sept. 10, 2024)
- I-601; adjustment of status; Patel; jurisdiction; judicial bias; manner of entry; erroneous factual finding and legal error
Lopez v. Garland, No. 23-870 (9th Cir. Sept. 11, 2024)
- Reno Municipal Code § 8.10.040 petty theft; INA § 237(a)(2)(A)(ii); Diaz-Lizaragga and CIMT definition; Skidmore deference;availability of pardon; single scheme of criminal conduct; persecution suffered in utero as a fetus
Click me to learn more about Family Action Network Movement (FANM)
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Matter of R-T-P-, 28 I&N Dec. 828 (BIA 2024)
- deficient NTA; claims processing rule; termination; IJ amending NTA
United States v. Perez Garcia, No. 23-435 (9th Cir. Sept. 4, 2024)
- crime of violence; recklessness; Borden; Cal. Pen. Code § 245(a)(1) assault with a deadly weapon other than a firearm; intent, knowing; mens rea
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Mouns v. Garland, No. 22-1368 (4th Cir. Aug. 28, 2024)
- changed country condition motion to reopen; L-O-G-; prima facie standard; Coelho; reasonable likelihood; Yemen
Matter of D. Rodriguez, 28 I&N Dec. 815 (BIA 2024)
- attempt; crimes of child abuse, neglect, or abandonment; context; statutory interpretation; Congressional silence; Texas attempt; Tx Pen. Code §§ 15.01(a) and 22.04(a)(1); consideration of police reports in discretionary analysis
Momin v. Jaddou, No. 23-20327 (5th Cir. Aug. 28, 2024)
- Patel; incorrect birthdates; adjustment of status; I-601 waiver; INA § 242(a)(2)(B)(i)
Silva Pazine v. Garland, No. 23-1894 (1st Cir. Aug. 27, 2024)
- nexus; harm in the U.S.; domestic violence; Brazilian Women particular social group; mixed motive; misogyny in Brazil
Dominguez Ojeda v. Garland, No. 23-835 (9th. Cir. Aug. 29, 2024)
- discretion to consider new evidence during reasonable fear interview review
Meza-Carmona v. Garland, No. 20-73293 (9th Cir. Aug. 26, 2024)
- physically present; continuous period; U.S. citizenship law in 1968; permissible inference
Zia v. Garland, No. 21-1325 (9th Cir. Aug. 26, 2024)
- I-751 waiver review; INA §§ 242(a)(2)(B)(i), (ii); adverse credibility; Patel; Wilkinson; jurisdiction
Lall v. USCIS, No. 20-2051 (3rd Cir. Aug. 27, 2024)
- U.S. citizenship revocation; derivative citizenship through adoptive parents; equitable estoppel
KKTP's medical malpractice article in the Florida Bar Journal!
- Neither Goose Nor Gander: Why Tort Reform Fails
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Aben v. Garland, No. 20-60937 (5th Cir. Aug. 20, 2024)
- Asylum; withholding of removal; CAT; imputed political opinion; substantial evidence; past persecution; nexus; corroborating evidence; Anglophone; Cameroon
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Bent v. Garland, No. 22-1910 (9th Cir. Aug. 15, 2024)
- Cal. Pen. Code § 1473.7(a)(1); equitably tolling for motion to reopen where criminal conviction vacated; due diligence; extraordinary circumstance
United States v. Manzano, No. 23-6073 (10th Cir. Aug. 13, 2024)
- generic definition of murder; Oklahoma second degree murder in violation of Okla. Stat. tit. 21, § 701.8; killing in commission of a non-dangerous felony
Bernardo-De La Cruz v. Garland, No. 21-1621 (7th Cir. Aug. 15, 2024)
- voluntary departure; 8 C.F.R. § 1240.26(i); temporary BIA member; Appointment’s Clause; not considering relocation hardship when children will remain for non-LPR cancellation; legal error and “completely ignored” evidence
Penafiel-Peralta v. Garland, No. 23-1959 (1st Cir. Aug. 12, 2024)
- mixed motive; nexus; land dispute; family membership; Ecuador
Lemus-Aguilar v. Garland, No. 23-1799 (1st Cir. Aug. 12, 2024)
- nexus; single, Salvadoran mothers with no familial protection; criminal gang activity; El Salvador
Charles v. Garland, No. 23-1857 (1st Cir. Aug. 15, 2024)
- review of the BIA’s denial of sua sponte reopening; failure to consider medical evidence; unpublished BIA decisions
Rosa v. Garland, No. 22-1523 (1st Cir. Aug. 16, 2024)
- adjustment of status; uncorroborated police reports; failure to follow BIA precedent; uncorroborated police reports to deny discretionary relief; Matter of Arreguin; Matter of Thomas; Fifth Amendment right not to testify when criminal charges pending
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Intro + Nakka, et al. v. USCIS (CA9) and United States v. Valdivias-Soto (CA9)
- Indian derivative visas and CSPA; translation errors in removal proceedings and right to counsel
United States v. Munoz, No. 22-11574 (11th Cir. Aug. 7, 2024)
- denaturalization; clearly erroneous; collateral estoppel; judicial estoppel; date of conspiracy and other criminal indictments; necessary for conviction
Joshi v. Garland, No. 23-1236 (4th Cir. Aug. 8, 2024)
- involuntary mental health confinement as persecution; prosecution as persecution; parens patriae; electroconvulsive therapy
Garcia Cortes v. Garland, No. 22-1930 (4th Cir. Aug. 7, 2024)
- exceptional and extremely unusual hardship; Wilkinson; review of whether IJ considered all evidence; rejecting expert therapist opinion and predictive findings
Bustos-Millan v. Garland, No. 21-2889 (7th Cir. Aug. 6, 2024)
- attorney unpreparedness; ineffective assistance of counsel; continuance; due process
Lafortune v. Garland, No. 23-1617 (1st Cir. Aug. 5, 2024)
- particularly serious crime; N-A-M- two-step analysis; elements based approach not required; conspiracy to commit bank fraud in violation of 18 U.S.C. § 1349; CAT claims and Haiti
Gonzalez-Arevalo v. Garland, No. 23-1341 (1st Cir. Aug. 7, 2024)
- nexus; gang retribution against family; relying on speculative noncitizen testimony; mixed motive; Guatemala
De Oliveira Rodrigues v. Garland, No. 23-2081 (1st Cir. Aug. 8, 2024)
- adverse credibility; omissions from credible fear interview; omissions from written affidavit; failure to corroborate; inconsistencies
Tista-Ruiz de Ajualip v. Garland, No. 23-3274 (6th Cir. Aug. 9, 2024)
- IJ and BIA independent duty to review the record for viable PSG and anti-circularity; Matter of A-B-; domestic violence; Matter of W-Y-C-& H-O-B-; unable or unwilling; Guatemala
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Save Jobs USA v. DHS, No. 23-5089 (D.C. Cir. Aug. 2, 2024)
- challenging DHS regulations; Washtech; H-4 employment authorization; Major Questions Doctrine; star decisis
Jani v. Garland, No. 22-1397 (1st Cir. July 30, 2024)
- material support of terrorism bar to asylum; fundamental fairness and due process; indiscernible transcript Jemaah Islamiya; appeal of only derivative grant but not lead grant; Chinese ethnicity; Indonesia
Dubon v. Jaddau, No. 22-2280 (4th Cir. July 29, 2024)
- INA § 336(b); naturalization delay; remand to the agency; interlocutory appeal
G. C. v. Garland, No. 21-1228 (9th Cir. July 30, 2024)
- particularly serious crime; consideration of mental health issues; felony assault in violation of Cal. Pen. Code § 245(a)(4); torture in the U.S.; fear of parent; Los Zetas; Mexico
Kumar v. Garland, No. 23-308 (9th Cir. Aug. 2, 2024)
- past persecution standard in the Ninth Circuit; no serious physical harm required; Mann party claims and Punjab; BJP; Sikh; India
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Shen v. Garland, No. 16-71315 (9th Cir. July 24, 2024)
- administrative notice of foreign law; forced abortion; 2003 change in law for Chinese premarital checkups; exhaustion of sub-arguments; Alam; credibility; mistaken memory may lead to change in testimony; DHS misstating facts on cross-examination
Colin-Villavicencio v. Garland, No. 22-507 (9th Cir. July 23, 2024)
- derivative citizenship; former INA § 321 (repealed); Cheneau; paternity established by legitimation; Baja California Mexico Code
Gonzalez-Rivas v. Garland, No. 21-3364 (8th Cir. July 23, 2024)
- hardship standard; best interests of the child; mixed question of law and fact; Wilkinson
L.N. v. Garland, No. 23-60203 (5th Cir. July 25, 2024)
- standards of review; reweighing evidence; asylum; CAT analysis in the aggregate; Angola
Castillo v. Att'y Gen. U.S., No. 23-2123 (3d Cir. July 24, 2024)
- petition for review venue; Matter of Garcia; filing of NTA; Costello
Sandoval Reynoso v. Garland, No. 23-2480 (7th Cir. July 23, 2024)
- non-LPR cancellation of removal; discretion; Patel; Kucana; Wilkinson
Elgebaly v. Garland, No. 24-0154 (6th Cir. July 23, 2024)
- Form I-751 waiver petitions; good faith marriage; Egyptian marriage; credibility; duty to develop record with pro se respondents; motion to reopen; Jarkesy
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All about Ira Kurzban and Immigrants' List:
- Attorney Profile: https://www.kktplaw.com/attorney/kurzban-ira-j-esq/
- Get involved with Immigrants' List: https://www.immigrantslist.org/
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Paye v. Garland, No. 23-1426 (1st Cir. July 17, 2024)
- flight from ethnic cleansing and genocide as past persecution; INA § 242(a)(2)(C) jurisdiction
Ramos-Gutierrez v. Garland, No. 23-1885 (1st Cir. July 18, 2024)
- particularly social group; nexus; circularity; example of what happens when you report on gangs in El Salvador
Ortega-Cordova v. Garland, No. 22-1700 (4th Cir. July 16, 2024)
- evolving definition of CIMT; solicitation of prostitution in violation of VA Code § 18.2-346(B); federal definition of a felony; 18 U.S.C. § 3559(a)
Vera Punin v. Garland, No. 22-6275 (2d Cir. July 16, 2024)
- I-213; clear and convincing evidence; exhaustion of arguments; inherently reliable; alienage burden; temporary BIA member appointment exceeding six months
KC v. Garland, No. 20-3043 (2d Cir. July 17, 2024)
- unfulfilled-threat doctrine; cumulative or aggregate past persecution analysis; death threats; aggravating factors; threats against family
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Azumah v. USCIS, No. 22-2175 (4th Cir. July 9, 2024)
- naturalization; lawfully admitted for permanent residence; 8 C.F.R. § 316.2(b); applicant for admission
Bador v. Garland, No. 22-6492 (2d Cir. July 11, 2024)
- INA § 237(a)(1)(H) waiver; conditional permanent resident; INA § 216(c)(4)(B); I-751; Vasquez v. Holder; bonafide marriage; Matter of Bador
Aguilar v. Att'y Gen. U.S., No. 18-3320 (3d Cir. July 10, 2024)
- pre-trial detention; “confined as a result of conviction”; good moral character; INA § 101(f)(7); de novo review post-Chevron
Calvo-Tino v. Garland, No. 23-3212 (8th Cir. July 12, 2024)
- past persecution; inadequate medical facilities; failure to show persecutory intent; Guatemala
Alkotof v. Garland, No. 22-10863 (11th Cir. July 12, 2024)
- continuance; administrative closure; prejudice; discretionary relief; U-visa; I-130 revocation
Links related to Senator Murphy's Bill:
- Bill Text
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All about Eric Lee:
- Law Firm Website (Diamante Law): https://www.diamantelaw.com/meet-our
- Email: elee@diamantelaw.com
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Gutierrez v. Garland, Nos., 22-554, 21-130 (9th Cir. July 2, 2024)
- carjacking in violation of Cal. Pen. Code § 215(a); aggravated felony crime of violence; crime involving moral turpitude; statute silent on mens rea; Borden; California robbery; res judicata
Cruz Galicia v. Garland, No. 23-1910 (1st Cir. July 1, 2024)
- climate refugees; particular social group; review by three member panel; Guatemala
Williams v. Garland, No. 20-2074 (1st Cir. July 2, 2024)
- former INA § 212(c) relief; ignoring testimony; departure from regular BIA practice; sexual abuse of a minor and discretion
Garcia Carrera v. Garland, No. 22-6319 (2d Cir. July 3, 2024)
- non-LPR cancellation of removal; hardship considered cumulatively; Wilkinson
Rivera, et al. v. Garland, No. 23-2351 (8th Cir. July 5, 2024)
- nexus; mixed-motive religion standard favorable to noncitizens; evangelical Christian; preaching to gang members; Chicas-Machado; temporary BIA members and Attorney General authority; MS-13; El Salvador
Hatchet v. Andrade, et al., No. 23-5920 (8th Cir. July 3, 2024)
- jurisdiction; Patel; adjustment of status; USCIS review; INA § 242(a)(2)(B)
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Links!!!!
- All about AILA
- All about Farshad
- All about Kelli
- Farshad's AILA Annual Conference 2024 Speech
- Kelli's AILA Annual Conference 2024 Speech
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Guardian article on Honduras
Loper Bright Enterprises v. Raimondo, No. 22-451 (U.S. June 28, 2024)
- deference to agencies; APA; Chevron; star decisis
Santiago Lopez v. Garland, No. 23-2081 (7th Cir. June 24, 2024)
- non-LPR cancellation of removal; Wilkinson; discretionary determination; procedural vs. substantive challenge; timelines of deficient NTA challenge
Manzano v. Garland, No. 22-704 (9th Cir. June 25, 2024)
- nexus; Jehovah’s Witnesses; religion; one central reason; extortion-plus; 18th Street Gang; El Salvador
Leon Perez v. Garland, No. 23-204 (9th Cir. June 28, 2024)
- attempted lewdness with a child under the age of 14 in violation of Nev. Rev. Stat. §§ 193.330, 201.230(2); sexual abuse of a minor and attempt aggravated felony; Medina-Villa; Esquivel-Quintana; 18 Pa. Cons. Stat. Ann. § 2702(a) (third circuit)
Cordero-Garcia v. Garland, No. 19-72779 (9th Cir. June 27, 2024)
- aggravated felony relating to obstruction of justice; INA § 101(a)(43)(S); Cal. Penal Code § 136.1(b)(1); Pugin; mens rea and related statutes; specific intent; relating to
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Department of State v. Munoz, No. 23-334 (U.S. June 21, 2024)
- fundamental right to live with one’s spouse in the United States; due process; doctrine of consular nonreviewability
Matter of H-C-R-C-, 28 I&N Dec. 809 (BIA 2024)
- lawful sanction cannot defeat the CAT; prison rape; credibility
Garcia Cortes v. Garland, No. 22-1930 (4th Cir. June 17, 2024)
- non-LPR cancellation of removal; exceptional and extremely unusual hardship; Wilkinson; standard of review; mixed question of law and fact failure to consider therapist letter
Rosales-Mendez v. U.S. Att'y Gen., No. 22-13164 (11th Cir. June 20, 2024)
- in absentia motion to reopen; deficient NTA; clerical error incorrect address; waiver of notice
Inestroza-Tosta v. Att'y Gen. U.S., No. 22-1667 (3d Cir. June 21, 2024)
- reasonable fear review; Nasrallah; 30 day rule; claims processing rule; jurisdiction; Guzman Chavez; final order of removal; reinstatement; Santos-Zacaria; administrative closure; particular social group defined by harm; gang claims
Gonzalez-Lara v. Garland, No. 23-459 (9th Cir. June 17, 2024)
- deficient NTA; Poso-Sanchez; post conclusion voluntary departure; intervening change in law; motion to remand and prima facie case; failure to apply before IJ; fear of gangs in El Salvador
United States v. Rivera-Valdes, No. 21-30177 (9th Cir. June 17, 2024)
- in absentia deportation order; deficient Order to Show Cause; collateral attack; § 1326; notice of hearing; due process
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Campos-Chaves v. Garland, No. 22-674 (U.S. June 14, 2024)
- in absentia motion to reopen; deficient NTA; statutory interpretation; Notice of Hearing; INA § 239(a)(2); “change”; “new”; “any”
United States v. Venjohn, No. 23-8028 (10th Cir. June 10, 2024)
- crime of violence; Colorado Stat. § 18-3-206; state appellate case law binds for categorical approach; Taylor; threatened use of force
Diaz-Hernandez v. Garland, No. 22-2103 (4th Cir. June 10, 2024)
- one central reason vs. a reason standard; nexus for withholding; C-T-L-; family membership
Mejia v. Garland, No. 19-1468 (1st Cir. June 11, 2024)
- CIMT; retroactivity; Diaz-Lizarraga; vacating criminal conviction
G.P. v. Garland, et al., No. 24-1119 (1st Cir. June 11, 2024)
- Prolonged detention; reinstatement; withholding only; Zadvydas; reasonable foreseeability of removal; Vasquez Castaneda
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Caselaw Housekeeping
- South Carolina domestic violence (4th Cir.); Afghan and Iraqi Allies, et al. v. Blinken, et al (D.C. Cir.); Jajati v. CBP (9th Cir.)
Smith v. Garland, No. 22-954 (9th Cir. June 3, 2024)
- authentication of domestic records; 8 C.F.R. § 287.6; exhaustion; government failure to raise argument; CAT protection; Guyana
Smith v. Garland, et. al, No. 23-2874 (7th Cir. June 3, 2024)
- arbitrary and capricious; motion to dismiss; 8 C.F.R. § 103.2(b)(16)(i) and (ii); summary of adverse evidence; marriage fraud; procedural due process; substantive due process
Soni v. Jaddou, No. 23-3220 (7th Cir. June 6, 2024)
- I-601A waivers; delay; mandamus; action; INA § 212(a)(9)(B)(v)
A.P.A. v. U.S. Att'y Gen., No. 21-10496 (11th Cir. June 6, 2024)
- one year asylum filing deadline; prior precedent rule; “satisfaction of the Attorney General” language in INA; mixed question of law and fact; transgender women; pattern or practice of persecution; Mexico
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Huynh v. Garland, No. 23-1318 (8th Cir. May 28, 2024)
- sexual abuse of a minor aggravated felony; possession of child pornography; INA § 101(A)(43)(a); Iowa Code § 728.12(3); INA § 101(a)(43)(L); CIMT; realistic provability and case exemplars
Lopez-Sorto v. Garland, No. 21-2107 (4th Cir. May 31, 2024)
- CAT protection; mootness and physical removal; ICE’s Facilitation of Return Policy; reverting back to LPR status; Rodriguez-Arias; J-F-F-; aggregating torture; El Salvador; expert testimony
Stankiewicz v. Garland, No. 21-6265 (2d Cir. May 31, 2024)
- relating to controlled substance; closes match for generic offense; INA § 101(a)(43)(B); Matter of Rosa; distributing a controlled substance on or near school property, in violation of N.J. Stat. § 2C:35-7; 21 U.S.C. § 841; 21 U.S.C. § 860; double jeopardy and different sentences don’t necessarily mean divisibility; Mathis peak last resort; jury instructions with fill in the blank for drug
Black v. Decker, No. 20-3224 (2d Cir. May 31, 2024)
- mandatory detention; INA § 236(c); Mathews Test; government interest; ability to pay and alternative means; bond hearing; Jennings; prolonged detention
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Brown v. United States, No. 22-6389 (U.S. May 23, 2024)
- sentence enhancement; ACCA; Pennsylvania marijuana; Florida cocaine; categorical approach point of comparison
Matter of M-N-I-, 28 I&N Dec. 803 (BIA 2024)
- choice of law; change of venue; Matter of Garcia; administrative control court; notice of hearing
Tulung v. Garland, No. 23-2430 (1st Cir. May 21, 2024)
- changed country condition motion to reopen; Chinese Christian; Indonesia; cumulative evidence; point of comparison; new evidence
Durakovic v. Garland, No. 23-2430 (8th Cir. May 20, 2024)
- Bosnian Muslims; religion and nexus; police information; one central reason vs. a reason; asylum and withholding nexus standard
Leger v. U.S. Att'y Gen., No. 22-10971 (11th Cir. May 20, 2024)
- sexual abuse of a minor aggravated felony; INA § 101(a)(43)(A); Said and marijuana; prior precedent rule; Fla. Stat. § 800.04(4); age differential; statutory rape; generic definition and statutory construction; deficient NTA; claims processing rule argument misconstrued by BIA as jurisdiction
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Sorto-Vasquez Kidd, et al. v. Mayorkas, et al., (C.D. Cal. May 15, 2024)
- knock and arrest; knock and talk; curtilage; Fourth Amendment; injunctive relief; vacating ICE policy and practice; Aleman Gonzalez; INA § 242(f)
Matter of Furtado, 28 I&N Dec. 794 (BIA 2024)
- Hague Act Adoption and I-130; exceptions; internal USCIS policy; Central Authority letter; habitual residence
Djokro v. Garland, No. 23-1712 (1st Cir. May 17, 2024)
- changed country condition motion to reopen; Sihotang v. Sessions; Chinese Christian; Indonesia
Marquez Cruz v. Garland, No. 23-1676 (4th Cir. May 14, 2024)
- crimes of child abuse, neglect, or abandonment; attempted second degree child sexual abuse under D.C. Code §§ 22-3009 and 22-3018; attempt crimes and INA § 237(a)(2)(E)(i)
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Suate-Orellana v. Garland, No. 19-72446 (9th Cir. May 7, 2024)
- deficient NTA; reinstatement; exhaustion; claims processing rule; INA § 241(a)(5) not jurisdictional; Santos-Zacaria and clearly irreconcilable precedent
Galvez-Vicencio v. Garland, No. 23-3018 (8th Cir. May 6, 2024)
- reasonable fear review; family based particular social group; fear of cartels; retribution; Mexico
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Sanchez-Perez v. Garland, No. 23-3004 (6th Cir. Apr. 30, 2024)
- misdemeanor domestic assault under Tenn. Code Ann. § 39-13-111; crime of domestic violence; physical force; mental harms; bodily injury; United Staes v. Castleman
Saleh v. Garland, No. 22-3036 (6th Cir. May 2, 2024)
- expert witness; attorney concessions; holistic approach to aggregate CAT analysis; Iraq
Loredo Rangel v. Garland, No. 23-60089 (5th Cir. May 1, 2024)
- past persecution; non-physical harm; extreme harm; Mexican Navy
Donis-Hernandez de Cabrera v. Garland, No. 23-1266 (1st Cir. May 2, 2024)
- Mara 18; extortion; death threats; small business owners; immutability; social distinction; state department reports; Guatemala
Rosas-Martinez v. Garland, No. 22-2474 (8th Cir. May 3, 2024)
- CAT deferral; Sinaloa Cartel; Mexican government acquiescence; BIA overturning IJ; J‑F-F-; relocation; discrepancy with unpublished BIA decisions
Cuenca Figueredo v. Carmen Rojas, No. 23-12566 (11th Cir. May 1, 2024)
- Hague Convention on the Civil Aspects of International Child Abduction; child settled in U.S.; immigration status; Venezuela
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Queen v. United States, No. 22-30294 (5th Cir. Apr. 24, 2024)
- FTCA; prisoner claims; de minimis harm
Ndlovu v. Garland, No. 23-2208 (7th Cir. Apr. 25, 2024)
- justification; Patel; colorable question of law; time limit on discretion
Rangel-Fuentes v. Garland, No. 23-9511 (10th Cir. Apr. 23, 2024)
- qualifying relative; non-LPR cancellation of removal; age out; 4,000 cap; BIA notice of appeal requirements; nexus
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Bristow v. Mayorkas, No. 22 C 991 (N.D. Ill. Mar. 28, 2024)
- I-130; sham marriage; overcoming INA § 204(c); persuasiveness of affidavits
Olmedo Martinez v. Garland, No. 23-9593 (10th Cir. Apr. 16, 2024)
- non-LPR cancellation of removal motion to reopen; exceptional and extremely unusual hardship; reasonable likelihood standard for prima facie case; Wilkinson; medical issues for children
Bustamante-Leiva v. Garland, No. 22-60479 (5th Cir. Apr. 19, 2024)
- gender-based asylum claims; religion; social distinction; three-member panel; BIA bias; DHS failure to file brief; gangs; Honduras
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Abdulahad v. Garland, No. 22-3743 (6th Cir. Apr. 11, 2024)
- CAT deferral; aggregate forms of torture; changed country condition motion to reopen; cumulative evidence; point of comparison; individualized risk; American characteristics; Popular Mobilization Forces (PMF); Chaldean Christian; Iraq
Cheejati, et al. v. Blinken, et al., No. 23-40398 (5th Cir. Apr. 9, 2024)
- injunction; visa bulletin; India; TRO; jurisdiction and review; INA § 245(b); jurisdiction; Patel discretion; retrogression
Farhane v. United States, No. 20-1666 (2d Cir. Aug. 11, 2023)
- denaturalization; ineffective assistance of counsel in criminal proceedings; Strickland; collateral consequences; Padilla
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United States v. Hansen, No. 17-10548 (9th Cir. Apr. 3, 2024)
- common law specific intent mens rea; solicitation definition; 8 U.S.C. §§ 1324(a)(1)(A)(iv) and 1324(a)(1)(B)(i); encouraging violation of immigration law
Matter of F-C-S-, 28 I&N Dec. 788 (BIA 2024) (amended)
- 8 C.F.R. § 1240.17; expedited removal; credible fear process; mental incompetency and untimely evidence
Ortega v. Garland, No. 21-3253 (7th Cir. Mar. 29, 2024)
- unable or unwilling to protect; police investigations; cartel threats; Mexico
Shaiban v. Jaddou, et al., No. 21-2010 (4th Cir. Apr. 3, 2024)
- collateral estoppel; Patel; INA § 242(a)(2)(B)(ii); jurisdiction; INA § 209(b) adjustment; discretion; terrorism
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All about Raquel Gomes & Stafi: Raquel's Linkedin Profile
* Stafi's website:www.stafi.cc
* Stafi's Linkedin: https://www.linkedin.com/company/71610226/admin/feed/posts
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Khalil v. Garland, No. 23-1443 (1st Cir. Mar. 29, 2024)
- mixed motive; one central reason; personal dispute; intertwined reasons; religion; persecution standard; de novo review of government-actor prong of CAT protection; duty to intervene; Muslim Brotherhood; Egypt
Almanzar v. Att'y Gen. U.S., No. 21-3092 (3d Cir. Mar. 29, 2024)
- second-degree robbery, N.J. Stat. Ann. § 2C:15-1(a); CIMT; Diaz-Lizarraga; transforming generic theft into CIMT; synergy and Matter of Lopez-Meza
Melara v. Mayorkas, 663 F. Supp. 3d 1158 (C.D. Cal. 2021)
- naturalization; false claim to U.S. citizenship; unlawful voting; fraudulent or willful misrepresentation
National Immigration Litigation Alliance Wilkinson Practice Advisory
- https://immigrationlitigation.org/practice-advisories/
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Wilkinson v. Garland, No. 22-666 (U.S. Mar. 19, 2024)
- jurisdiction; INA § 242(a)(2)(B) & (D); Guerro-Lasprilla; mixed question of law and fact; Patel
Gomez-Ruotolo v. Garland, No. 23-1238 (4th Cir. Mar. 20, 2024)
- CIMT; categorical approach; electronic solicitation of a minor between seven and fourteen; VA Code § 18.2-374.3(c); attempted sexual battery on a child; VA Code Section 18.2-67.5(c); force; sexual battery by ruse; CAT protection from Venezuela
Sabastian-Andres v. Garland, No. 23-3606 (6th Cir. Mar. 20, 2024)
- nexus; indigenous Guatemalan women; Mayan Akateko women
Ferreira v. Garland, No. 23-1543 (1st Cir. Mar. 21, 2024)
- BIA change to particular social group; women; nexus; family; Trinidadian women who oppose Trinidad's social norms in that they do not want to be subjected to abuse or violent sexual abuse by family members or significant others based on their gender
Borjas Cruz v. Garland, No. 22-3035 (7th Cir. Mar. 21, 2024)
- nexus; extortion; motivation beyond money; Honduras
Singh v. Garland, No. 22-211 (9th Cir. Mar. 22, 2024)
- past persecution standard in the Ninth Circuit; no serious physical harm required; DHS’s relocation burden with Mann party claims and Punjab; India
Tapia Coria v. Garland, No. 22-970 (9th Cir. Mar. 19, 2024)
- final order of removal; INA § 242(a)(2)(C); jurisdiction; on the merits review; Nasrallah; motion to remand; administrative closure; Nasrallah implicitly overruling prior precedent
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Annor v. Garland, No. 23-1281 (4th Cir. Mar. 15, 2024)
- particularly serious crime; conspiracy to commit money laundering; 18 U.S.C. § 1956(h); N-A-M- process; elements; dangerousness
Vasquez Castaneda v. Perry, et al., No. 22-7365 (4th Cir. Mar. 13, 2024)
- prolonged detention; Zadvydas; reasonable foreseeability of removal; withholding-only; reinstatement; INA § 241(a); Guzman Chavez; due process; Mathews; Arteaga-Martinez
Matter of F-C-S-, 28 I&N Dec. 788 (BIA 2024)
- 8 C.F.R. § 1240.17; expedited removal; credible fear process; mental incompetency & untimely evidence; identification purposes only
Wong v. Garland, No. 22-6185 (2d Cir. Mar. 11, 2024)
- criminal conviction; CIMT; disorderly persons theft by deception - N.J. Stat. Ann. § 2C:20-4 & second-degree forgery - N.Y. Penal Law § 170.10; constitutional safeguards; retroactivity; intent to deceive; Chevron; CIMT constitutionality
Chun Mendez v. Garland, No. 23-1166 (1st Cir. Mar. 15, 2024)
- exceptional circumstance exception to one-year asylum filing deadline; Mam women in Guatemala; exhaustion
Vasquez-Rivera v. Garland, No. 21-3344 (6th Cir. Mar. 15, 2024)
- family-based particular social group; women; BIA affirming IJ analysis that IJ never made; nexus standard for asylum and withholding; gangs; El Salvador
Guadarrama v. U.S. Att'y Gen., No. 22-11065 (11th Cir. Mar. 15, 2024)
- discretion; INA § 212(h) waiver; Arai presumption; review of legal standard notwithstanding Patel; Mendez-Moralez standard
Kalulu v. Garland, No. 21-895 (9th Cir. Mar. 11, 2024)
- inconsistency; demeanor; totality; remand notwithstanding adverse credibility; lesbian in Zambia
United States v. Orozco-Orozco, No. 22-50146 (9th Cir. Mar. 12, 2024)
- felony carjacking under California Penal Code § 215; intent to steal; victim ownership interest not required for generic theft; fundamentally unfair and § 1326 criminal proceedings
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Membreno-Rodriguez v. Garland, No. 23-60022 (5th Cir. Mar. 4, 2024)
- 8 C.F.R. § 212.5(b)(5); applicant for admission; adjustment of status; motion to reopen; termination of parole
The Saga of Mr. Nkenglefac
- returning wrongfully removed noncitizens
- islaimmigration.org
Reyes Galeana v. Garland, No. 24-0043 (6th Cir. Mar. 4, 2024)
- Mexican business owners; particularity; particular social group; social distinction; extortion
Hererra-Elias v. Garland, No. 22-3565 (8th Cir. Mar. 4, 2024)
- serious nonpolitical crime; duress; Negusie; drug transportation as a child; MS-13; Honduras
Thigulla v. Jaddou, No. 22-3066 (8th Cir. Mar. 5, 2024)
- injunction; visa bulletin; E2; India; TRO; jurisdiction and review; INA § 245(b); jurisdiction; Patel
Yar v. Garland, No. 23-1001 (8th Cir. Mar. 8, 2024)
- de novo review of torture; risk of detention; particular showing of torture; South Sudan
Miguel-Pena, et al. v. Garland, No. 22-9580 (10th Cir. Mar. 4, 2024)
- exhaustion & mandatory claims processing rules; deficient NTA; forfeiture of objection; anti-gang political opinion; immutability; women business owners in El Salvador
Edwards v. Att'y Gen. U.S., No. 19-15077 (11th Cir. Mar. 6, 2024) (panel rehearing)
- sentence modification; Thomas and Thompson; retroactivity; reasonableness; INA § 103(b)(1); Yu; Chenery; rule of reconciliation; prior panel precedent rule; factual findings, withholding of removal, and Nasrallah
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DISCLAIMER:
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.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
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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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"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
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F.J.A.P. v. Garland, No. 21-2284 (7th Cir. Feb. 27, 2024)
- withholding-only review; Nasrallah; 30 day rule; claims processing rule; jurisdiction; Guzman Chavez; final order of removal; reinstatement; Bhaktibhai-Patel; Santos-Zacaria; statutory interpretation; presumption of review; clear error and credibility; reweighing evidence; failure to identify IJ errors; MS-13; extortion; El Salvador
Esteban-Garcia v. Garland, No. 23-1701 (1st Cir. Feb. 29, 2024)
- nexus; indigenous women; forced prostitution; Guatemala
Uribe Andrade v. Garland, No. 21-1244 (9th Cir. Mar. 1, 2024)
- particular social group; particularity; Mexicans with mental health disorders characterized by psychotic features who exhibit erratic behavior; defining terms; mental health facility; gang tattoos; Villegas; Mexico
Amador-Morales v. Garland, No. 22-3653 (8th Cir. Feb. 27, 2024)
- deficient NTA motion to reopen; intervening change of law; Matter of Fernandes; close of pleadings
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- About your host
- Case notes
- Recent criminal-immigration article (p.18)
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DISCLAIMER:
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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Matter of Azrag, 28 I&N Dec. 784 (BIA 2024)
- vacated criminal conviction; Thomas and Thompson; procedural or substantive defect; burden of proof; reasons for vacating
Singh Bhagtana v. Garland, No. 20-1673 (2d. Cir. Feb. 22, 2024)
- reasonable relocation outside of Punjab State; Sikh; Mann Party; India
Singh v. Garland, No. 23-2289 (8th Cir. Feb. 23, 2024)
- changed country condition motion to reopen; abandoned asylum application; due process and COVID-19; Sikh; Mann Party; BJP; India
United States v. Ivey, No. 22-4052 (6th Cir. Feb. 20, 2024)
- crime of violence; aggravated robbery with a deadly weapon under Oh. Rev. Code § 2911.01(A)(1); generic robbery; generic extortion; Borden; Oh. Rev. Code § 2913.01(K)
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Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
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"Modern immigration software & case management"
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"A vertically integrated powerhouse in commercial real estate, developing hospitality
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- About your host
- Case notes
- Recent criminal-immigration article (p.18)
- Featured in San Diego Voyager
DISCLAIMER:
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.
MUSIC CREDITS:
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Herrow v. Att'y Gen. U.S., No. 22-1854 (3d Cir. Feb. 13, 2024)
- repatriated Somalis; particularity and distinction; Westernized Somalis; CAT protection; acquiesce; Georgetown Report; Reer Hamar Bendiri; Al Shabaab; Somalia
Guzman-Maldonado v. Garland, No. 23-9 (9th Cir. Feb. 14, 2024)
- aggravated felony theft offense; INA § 101(a)(43)(G); Arizona robbery; Ariz. Rev. Stat. § 13-1904(A); consensual theft; intent and force
Alejos-Perez v. Garland, No. 22-60555 (5th Cir. Feb. 16, 2024)
- Texas Health & Safety Code § 481.1161 (possession of a substance in Penalty Group 2-A); Carter; realistic probability test; exhaustion; Santos Zacaria; failure to cite case law
Mestanek v. Jaddou, No. 22-2285 (4th Cir. Feb. 13, 2024)
- INA § 204(c); FDNS; marriage fraud; Florida divorce; APA; Homeland Security Act of 2002; reweighing evidence; presumption of regulatory; 8 C.F.R. § 103.2(b)(16); exceptions to review of A-File; Matter of Singh
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Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
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"A vertically integrated powerhouse in commercial real estate, developing hospitality
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- About your host
- Case notes
- Recent criminal-immigration article (p.18)
- Featured in San Diego Voyager
DISCLAIMER:
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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"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
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Matter of Bernardo, 28 I&N Dec. 781 (BIA 2024)
- I-751; joint filing; allegation of marriage fraud; properly filed; duress and coercion
Patel v. Jaddou, No. 24-0026 (6th Cir. Feb. 9, 2024)
- U-visa disclosure; penalties; 8 U.S.C. § 1367; willfulness; APA; private right of action against federal officials
United States v. Devereaux, No. 22-1203 (10th Cir. Feb. 6, 2024)
- assault resulting in serious bodily injury in violation of 18 U.S.C. § 113(a)(6); crime of violence; mens rea divisibility; presumption of indivisibility; general intent; Borden
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Kurzban Kurzban Tetzeli and Pratt P.A.
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- About your host
- Case notes
- Recent criminal-immigration article (p.18)
- Featured in San Diego Voyager
DISCLAIMER:
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.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
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Matter of Aguilar Hernandez, 28 I&N Dec. 774 (BIA 2024)
- deficient NTA; Form I-261; interlocutory appeal; termination; regulatory interpretation; factual and legal allegations in an NTA; Niz-Chavez dicta
Gaspar-Felipe v. Garland, No. 22-3372 (8th Cir. Jan. 30, 2024)
- indigenous asylum claim; persecution because of debts; family remaining in country of fear; Guatemala
Davis v. Garland, No. 22-3262 (8th Cir. Feb. 1, 2024)
- motion to reopen; asylum waiver; mental health; mental competency; new and previously unavailable evidence
Lopez-Benitez v. Garland, No. 22-1808 (4th Cir. Jan. 30, 2024)
- nexus; incidental or tangential; MS-13 extortion as persecution; exhaustion post-Santos-Zacaria; El Salvador
Ayala-Osegueda v. Garland, No. 22-1707 (4th Cir. Feb. 1, 2024)
- mixed adverse credibility finding; express credibility; family based particular social group; nexus; persuasiveness; asylum despite adverse credibility; extortion; MS-13; El Salvador
Nivar Santana v. Garland, No. 22-2114 (4th Cir. Feb. 2, 2024)
- clearly and beyond doubt admissible; adjustment of status; false claim to citizenship; definition of “assimilation”; military service; evidentiary admission and fundamental fairness
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- About your host
- Case notes
- Recent criminal-immigration article (p.18)
- Featured in San Diego Voyager
DISCLAIMER:
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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"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
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Pineda-Maldonado v. Garland, No. 20-1912 (1st Cir. Jan. 24, 2024)
- past torture; past persecution; death threats alone; imminent threats; mixed motive; animus; family membership; cattle thieves; nexus standard for withholding; El Salvador
Owusu v. Garland, No. 24-0016 (6th Cir. Jan. 24, 2024)
- police unable or unwilling to protect; failure to report; New Patriot Party; NPP; National Democrat Congress; NDC, Ghana
Mencia-Medina v. Garland, No. 20-1724 (8th Cir. Jan. 23, 2024)
- special rule cancellation of removal under INA § 240A(b)(2); VAWA cancellation; abuse as a discretionary factor; BIA reweighing evidence; exhaustion
United States v. Gambino-Ruiz, No. 21-50303 (9th Cir. Jan. 24, 2024)
- applicant for admission; INA § 212(a)(7)(A)(i)(I); Torres v. Barr; collateral attack of removal order; 8 U.S.C. § 1326; United States v. Palomar-Santiago; arriving alien
Lodge v. U.S. Att'y Gen., No. 22-10416 (11th Cir. Jan. 26, 2024)
- former INA § 321(a); derivative citizenship; equal protection; race discrimination; third party standing
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AILA's Think Immigration Article on Chevron by Brian Green and Professor Stephen Yale-Loehr
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- About your host
- Case notes
- Recent criminal-immigration article (p.18)
- Featured in San Diego Voyager
DISCLAIMER:
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.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
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Velasquez-Castillo v. Garland, No. 21-60681 (5th Cir. Jan. 17, 2024)
- Trafficking Victims Protection Reauthorization Act (“TVPRA”); motion to reopen; minor; newly available evidence; changed country conditions; failure to consider evidence; sexual orientation; Honduras
United States v. Daye, No. 23-1048 (8th Cir. Jan. 16, 2024)
- Domestic Abuse Assault, Enhanced under Iowa Code § 708.2A(3)(b); DAAE; crimes of violence; waive divisibility argument despite separate penalty provisions; realistic probability; simple assault
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Kurzban Kurzban Tetzeli and Pratt P.A.
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- About your host
- Case notes
- Recent criminal-immigration article (p.18)
- Featured in San Diego Voyager
DISCLAIMER:
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.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
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Matter of Panin, 28 I&N Dec. 771 (BIA 2024)
- bond; collateral estoppel; INA § 236(a); Bail Reform Act
United States v. Ortiz-Orellana, No. 16-4844 (4th Cir. Jan. 10, 2024)
- crime of violence; VICAR; felony murder; divisibility; means vs. elements; impotance of jury instructions; crime of violence
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Kurzban Kurzban Tetzeli and Pratt P.A.
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- About your host
- Case notes
- Recent criminal-immigration article (p.18)
- Featured in San Diego Voyager
DISCLAIMER:
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.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
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Singh v. Garland, No. 23-1192 (7th Cir. Jan. 2, 2024)
- adverse credibility; omission; medical reports; past persecution harm; due process challenge; exhaustion; Mann Party; Sikh; India
Mejia-Alvarenga v. Garland, No. 22-60554 (5th Cir. Jan. 3, 2024)
- unable or unwilling to protect; complete helplessness; failure to report harm; rape; threats; due process; three member panel; DHS failure to file brief; IJ bias; TRAC
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- About your host
- Case notes
- Recent criminal-immigration article (p.18)
- Featured in San Diego Voyager
DISCLAIMER:
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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"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
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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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- About your host
- Case notes
- Recent criminal-immigration article (p.18)
- Featured in San Diego Voyager
DISCLAIMER:
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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"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
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Matter of H. N. Ferreira, 28 I&N Dec. 765 (BIA 2023)
- I-751; removal of conditional LPR status; IJ authority to terminate
Delgado-Victorio v. Garland, No. 23-60102 (5th Cir. Dec. 18, 2023)
- aggravated sexual assault with a deadly weapon in violation of Tex. Penal Code § 22.021(a)(1)(A) & (2)(A)(iv); Borden and mens rea; crime of violence; good cause for a continuance
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Kurzban Kurzban Tetzeli and Pratt P.A.
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- About your host
- Case notes
- Recent criminal-immigration article (p.18)
- Featured in San Diego Voyager
DISCLAIMER:
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.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
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United States v. Trice, No. 23-1406 (8th Cir. Dec. 12, 2023)
- least culpable conduct criminalized by Iowa Code § 726.6(1)(a); child endangerment; general intent definition; witnessing assault
U.S. v. Menendez-Montalvo, No. 22-1687 (1st Cir. Dec. 12, 2023)
- crime of violence; Article 3.1 of Puerto Rico's Domestic Violence Law; psychological abuse; intent vs. actual force; Johnson; Stokeling; slight or de minimus force
U.S. v. Amos, No. 20-3298 (3d Cir. Dec. 14, 2023)
- 18 Pa. Cons. Stat. § 2702(a)(3)–(7); crime of violence; aggravated assault; waived argument winning on appeal
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Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
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"Remote staffing solutions for businesses of all sizes"
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- About your host
- Case notes
- Recent criminal-immigration article (p.18)
- Featured in San Diego Voyager
DISCLAIMER:
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.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
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Argueta-Hernandez v. Garland, No. 22-60307 (5th Cir. Dec. 5, 2023)
- untimely petition for review; withholding; final order; Bhaktibhai-Patel; Nasrallah; panel rehearing; claims processing rule; Santos-Zacaria; death threats alone; one central reason; a reason; nexus; government says leave country; willful blindness; MS-13; El Salvador; Villarreal
Singh Bhagtana v. Garland, No. 20-1673 (2d Cir. Dec. 5, 2023)
- reasonable relocation; DHS burden; Bharatiya Janata Party (“BJP”); Shiromani Akali Dal Amritsar (“Mann”) Party; India
United States v. Chaires, No. 20-4162 (2d Cir. Dec. 7, 2023)
- Minter; N.Y. Penal Law § 220.39(1); cocaine isomer; controlled substance offense; failure to argue below; categorical approach
Aguilar-Sanchez v. Garland, No. 22-3598 (8th Cir. Dec. 4, 2023)
- sexual abuse of a minor aggravated felony: conduct and mens rea; Esquivel-Quintana; Minn. Stat. § 609.324, subd. 1(b)(3); Matter of Rodriguez-Rodriguez
Mwendapeke v. Garland, No. 22-2383 (7th Cir. Dec. 7, 2023)
- complicity to robbery in the first degree in violation of KY. Rev. Stat. §§ 502.020 & 515.020, 515.020; generic definition of aiding and abetting; act through omission; verbal aiding and abetting; violent force; Taylor
Sebastian-Sebastian v. Garland, No. 23-0267 (6th Cir. Dec. 8, 2023)
- nexus; inextricably intertwined; mixed motive; Chuj women unable to leave; witches; humanitarian asylum; Guatemala
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Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
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- About your host
- Case notes
- Recent criminal-immigration article (p.18)
- Featured in San Diego Voyager
DISCLAIMER:
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.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
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American Bar Association Opposition to Proposals that Restrict Asylum and Humanitarian Parole in Supplemental Funding Request
- Click me!
Matter of M-R-M-S-, 28 I&N Dec. 757 (BIA 2023)
- asylum; nexus; particular social group; family membership; L-E-A-; incidental, tangential, or superficial; cartel desire for land
Tellez-Ramirez v. Garland, No. 22-1168 (9th Cir. Nov. 29, 2023)
- possession of methamphetamine with the intent to deliver in violation of Idaho Code § 37-2732(a)(1)(A); controlled substance trafficking; INA § 101(a)(43)(B); different punishments or penalties; divisibility; Alfred; accomplice liability
Babaria, et al. v. Antony Blinken, et al., No. 22-16700 (9th Cir. Dec. 1, 2023)
- injunction; mandamus; visa bulletin; EB-2; India; TRO; jurisdiction and review; INS § 245(B)
Khanal Singh v. Garland, No. 21-1665 (1st Cir. Nov. 27, 2023)
- unable or unwilling to protect; need only show unable or unwilling; failure to report; government action; Nepal; Maoists
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- About your host
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- Recent criminal-immigration article (p.18)
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DISCLAIMER:
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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Martinez v. Garland, No. 22-1221 (4th Cir. Nov. 16, 2023)
- reasonable fear review; Nasrallah; 30 day rule; claims processing rule; jurisdiction; Guzman Chavez; final order of removal; reinstatement; Bhaktibhai-Patel; Santos-Zacaria
Hernandez-Mendez v. Garland, No. 20-1789 (1st Cir. Nov. 15, 2023)
- past persecution; unfulfilled threats; refusal to obey gangs; Mam ethnicity; Guatemala
Manguriu v. Garland, No. 22-1220 (1st Cir. Nov. 16, 2023)
- VAWA petition; USCIS notice on counsel; 8 C.F.R. § 103.2(b)(19)(ii)(A); I-360; INA § 239(a)(2)(A); 8 C.F.R. § 292.4(a)
Zuniga de la cruz v. Garland, No. 21-352 (9th Cir. Nov. 17, 2023)
- due process; Miranda warnings; fundamental fairness; exclusionary rule; noncitizen Fifth Amendment rights
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Kurzban Kurzban Tetzeli and Pratt P.A.
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- About your host
- Case notes
- Recent criminal-immigration article (p.18)
- Featured in San Diego Voyager
DISCLAIMER:
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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"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
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Juarez-Vicente v. Garland, No. 22-3318 (8th Cir. Nov. 7, 2023)
- past persecution; harassment; non-physical harm; cumulative analysis for persecution; gay and bisexual men; Guatemala
Varela-Chavarria v. Garland, No. 22-1780 (1st Cir. Nov. 9, 2023)
- protections and IJ responsibilities for asylum seekers; pro se; fear of gang extortion; cumulative harm analysis for past persecution; harm experienced as a child; threats of rape; El Salvador
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Kurzban Kurzban Tetzeli and Pratt P.A.
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CONTACT INFORMATION
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- About your host
- Case notes
- Recent criminal-immigration article (p.18)
- Featured in San Diego Voyager
DISCLAIMER:
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.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
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Buy Above the Ground - A True Story of the Troubles in Northern Ireland
- Wild Blue Press
- Amazon
Other Links!
- Klinedinst News about Dan and his book, with photographs!
- https://abovethegroundbook.com/
- Dan Lawton's profile at Klinedinst
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Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
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"Modern immigration software & case management"
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Email: kgregg@kktplaw.com
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- About your host
- More episodes
- Case notes
- Top 15 immigration podcast in the U.S.
- Recent criminal-immigration article (p.18)
- Featured in San Diego Voyager
DISCLAIMER:
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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Matter of Brathwaite, 28 I&N Dec. 751 (BIA 2023)
- criminal conviction; finality; Matter of J.M. Acosta; N.Y. Crim. Pen. L. § 460.30; late-filed appeals
M.S.C. v. Garland, No. 21-1496 (1st Cir. Oct. 24, 2023)
- opposition to Chinese family planning policy; adverse credibility; motion to reopen; recalling forced abortion; demeanor; authentication; 8 C.F.R. § 287.6; corroboration
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Kurzban Kurzban Tetzeli and Pratt P.A.
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- About your host
- Case notes
- Recent criminal-immigration article (p.18)
- Featured in San Diego Voyager
DISCLAIMER:
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.
MUSIC CREDITS:
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Learn all about Judge Mimi Tsankov: FBA Profile
Additional links!:
Senate Subcommittee on Immigration, Citizenship, and border Safety - Preserving Due Process and the Rule of Law: Examining the Status of Our Nation’s Immigration Courts
- The Honorable Mimi Tsankov - President, National Association of Immigration Judges
- The Honorable Rebecca Gambler - Director, Homeland Security and Justice
U.S. Government Accountability Office - Jeremy McKinney - AILAImmediate Past President
- Charles "Cully" Stimson - Deputy Director, Edwin Meese III Center for Legal and Judicial Studies
National Association of Immigration Judges
- Home
- Officers
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Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
"Modern immigration software & case management"
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- About your host
- More episodes
- Case notes
- Top 15 immigration podcast in the U.S.
- Recent criminal-immigration article (p.18)
- Featured in San Diego Voyager
DISCLAIMER:
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.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
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USA v. Redd, No. 20-6957 (4th Cir. Oct. 19, 2023)
- divisibility; violent felony/crime of violence; focus on what jury must find; Maryland first degree assault in violation of Md. Code, Art. 27 § 12A-1; rejecting state courts use of the word “element”; recklessness; battery; aggravating factor of firearm
Pacheco-Mota v. Garland, No. 22-3651 (8th Cir. Oct. 18, 2023)
- child witness to gang violence; particular social group; particularity; social distinction; Guatemala
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Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
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CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
- About your host
- Case notes
- Recent criminal-immigration article (p.18)
- Featured in San Diego Voyager
DISCLAIMER:
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.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
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Caz v. Garland, No. 23-1108 (1st Cir. Oct. 11, 2023)
- reasonable relocation; testimony alone for relocation; economic discrimination; indigenous; Quechua; Ecuador
American Bar Association Links!
- Immigrant Justice Project (IJP) gala
- Young Lawyer’s Rising Podcast
Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
"Modern immigration software & case management"
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- Click here to check out our Patreon Page!
CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
- About your host
- Case notes
- Recent criminal-immigration article (p.18)
- Featured in San Diego Voyager
DISCLAIMER:
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.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
Support the show
American Bar Association Links!
- Immigrant Justice Project (IJP) gala
- Young Lawyer’s Rising Podcast
Immigration Lawyers Toolbox Marriage and Fiancé Visas + I-751 course
- Click me!
Kemokai v. U.S. Att'y Gen., No. 21-12743 (11th Cir. Oct. 2, 2023)
- aggravated felony theft offense; § 101(a)(43)(G); Mass. Gen. Laws ch. 265, § 17; Santos-Zacaria; exhaustion requirement in the Eleventh Circuit; B-Z-R-; mental health; particularly serious crime
Nerio Perez v. Garland, No. 22-2434 (7th Cir. Oct. 3, 2023)
- unable or unwilling to protect; protective order; Mayan ancestry; women; Guatemala
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Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
"Modern immigration software & case management"
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CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
- About your host
- Case notes
- Recent criminal-immigration article (p.18)
- Featured in San Diego Voyager
DISCLAIMER:
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.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
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ASISTA!
- To learn more about ASISTA’s work, click here! And follow ASISTA on all the social medias : )
- Sign up here for the Wednesday, Oct. 18th at 7pm ET event, and/or make a donation to support ASISTA's work!
Pesikan v. Att’y Gen. U.S., No. 20-3307 (3d Cir. Sept. 26, 2023)
- divisibility; 75 Pa. Cons. Stat. § 3802; controlled substance; driving while under the influence of marijuana; charging document; Mathis peak
Doe v. United States, No. 22-843 (2d Cir. Aug. 1, 2023)
- FTCA; Bivens; equitable tolling; sexual assault by ICE officers; extraordinary circumstance; due diligence
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Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
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"Modern immigration software & case management"
Want to become a patron?
- Click here to check out our Patreon Page!
CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
- About your host
- Case notes
- Recent criminal-immigration article (p.18)
- Featured in San Diego Voyager
DISCLAIMER:
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.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
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United States v. Kousisis (CA3), Ed’s Article, and Kim’s Award!
- federal loss amount; U.S.S.G. § 2B1.1; Child Status Protection Act (CSPA); my wife! (Borat voice)
St. John v. Garland, No. 22-1695 (1st Cir. Sept. 19, 2023)
- finality of conviction; Matter of J.M. Acosta; vacating conviction in Massachusetts; negative inference
Link to Edward Ramos's CSPA Article!
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Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
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Joorney Business Plans
"Business-critical documents for every stage of your journey"
For 30% off use code: REVJOORNEY30
CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
- About your host
- Case notes
- Recent criminal-immigration article (p.18)
- Featured in San Diego Voyager
DISCLAIMER:
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.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
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Hermosillo v. Garland, No. 18-71220 (9th Cir. Sept. 14, 2023)
- reasonable fear interview; reasonable possibility standard; 10%; credible testimony satisfies nexus and police acquiesce
Rudnitskyy v. Garland, No. 21-1098 (9th Cir. Sept. 14, 2023)
- “rendered inadmissible”; INA § 240A(d)(1)(B); cancellation of removal; stop-time rule; Barton
Matter of Cabrera-Fernandez, 28 I&N Dec. 747 (BIA 2023)
- humanitarian parole under INA § 212(d)(5)(A); conditional parole under INA § 236(a)(2)(B); Jennings; applicant for admission; Cuban Adjustment Act
Peguero Vasquez v. Garland, No. 21-6380 (2d Cir. Sept. 13, 2023)
- possession of a forged instrument under N.Y. Pen. Law § 170.20; retroactivity; N.Y. Pen. Law. § 70.15(1-a); CIMT; one year term of imprisonment; vacatur of conviction (dicta)
Avila v. Att’y Gen. U.S., No. 22-1374 (3d Cir. Sept. 14, 2023)
- N.J. Stat. § 2C:20-4(a); CIMT; Matter of S. Wong; definition of conviction under INA § 101(a)(48)(A); Chevron; Castillo;sexual violence asylum claims; Honduras; A-R-C-G-
Munoz-De Zalaya v. Garland, No. 22-60505 (5th Cir. Sept. 12, 2023)
- Salvadoran business owners; nexus; particular social group; gangs; El Salvador; deficient NTA; Santos-Zacaria; exhaustion
Solis-Flores v. Garland, No. 22-1147 (4th Cir. Sept. 11, 2023)
- receipt of stolen property CIMT; VA Code § 18.2-108; realistic probability test; post conclusion voluntary departure; 8 C.F.R. § 1240.26(c)(3)(i); timing to advise voluntary departure bond
Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
"Modern immigration software & case management"
Joorney Business Plans
"Business-critical documents for every stage of your journey"
For 30% off use code: REVJOORNEY30
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CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
- About your host
- Case notes
DISCLAIMER:
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.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
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USA v. Minter, No. 21-3102 (2d Cir. Sept. 6, 2023)
- sale of cocaine; N.Y. Penal Law § 220.39; serious drug offense; definition of isomer; realistic probability test
Matter of C-G-T-, 28 I&N Dec. 740 (BIA 2023)
- one-year deadline; gay men in the Dominican Republic; reasonableness of reporting harm to police; reporting harm as child; sexual identity as immutable; statement of persecutor and nexus
Ponce-Flores v. Garland, No. 21-2377 (4th Cir. Sept. 6, 2023)
- gang-based CAT deferral; aggregate torture; police corruption; acquiescence; former gang member; MS-13; harm in U.S. prison; Honduras
Velázquez v. Garland, No. 22-9576 (10th Cir. Sept. 8, 2023)
- voluntary departure; deadline on a weekend; extending statutory deadline; motion to reopen; failure to depart
Martinez-De Umana v. Garland, No. 22-60340 (5th Cir. Sept. 8, 2023)
- gang-based asylum fear; MS-13; Matter of Fuentes; fear because prison guard or police officer; Dr. Thomas Boerman; considering expert testimony; Ministry of Justice; El Salvador
Alonso-Juarez v. Garland, No. 15-72821 (9th Cir. Sept. 8, 2023)
- reasonable fear review; Nasrallah; 30 day rule; claims processing rule; jurisdiction; Guzman Chavez; final order of removal; reinstatement; Bhaktibhai-Patel; Santos-Zacaria; Suspension Clause
Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
"Modern immigration software & case management"
Joorney Business Plans
"Business-critical documents for every stage of your journey"
For 30% off use code: REVJOORNEY30
Want to become a patron?
- Click here to check out our Patreon Page!
CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
- About your host
- Case notes
- Recent criminal-immigration article (p.18)
- Featured in San Diego Voyager
DISCLAIMER:
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.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
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Pomavilla-Zaruma v. Garland, No. 20-3230 (2d Cir. Aug. 30, 2023)
- credibility; border interview; credible fear interview transcript; Ramsameachire factors
Trejo-Gamez v. Garland, No. 21-3329 (8th Cir. Aug. 30, 2023)
- jurisdiction; motion to reopen to present new evidence; ineffective assistance of counsel; Patel; abuse of discretion
Uulu v. Garland, No. 22-1973 (7th Cir. Sept. 1, 2023)
- adverse credibility; inconsistencies; corroborating inconsistent testimony; recollection and trauma; Kyrgyzstan
Al-Hasani v. DHS, No. 22-1603 (3d Cir. Aug. 30, 2023)
- naturalization; good moral character; INA § 101(f); definition of polygamy; bigamy; INA § 212(a)(10)(A); Chevron deference; Matter of G-; definition of practice
Lin v. Garland, No. 22-3807 (6th Cir. Sept. 1, 2023)
- objective fear of persecution; underground house church Christian; opposition to family planning; longtime police interest in arrest; past harm and future individualized risk; reasonableness of relocation; 8 C.F.R. § 210.13(b)(3);China
Flores-Vasquez v. Garland, No. 20-73447 (9th Cir. Aug. 31, 2023)
- CIMT; Or. Rev. Stat. § 163.190; Matter of J-G-P-; assault; menacing; intent to fear
Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
"Modern immigration software & case management"
Joorney Business Plans
"Business-critical documents for every stage of your journey"
For 30% off use code: REVJOORNEY30
Want to become a patron?
- Click here to check out our Patreon Page!
CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
- About your host
- Case notes
- Recent criminal-immigration article (p.18)
- Featured in San Diego Voyager
DISCLAIMER:
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.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
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Murillo Morocho v. Garland, No. 22-1881 (1st Cir. Aug. 21, 2023)
- CAT deferral; prosecution as persecution; consent or acquiesce; willful blindness; prison violence in Ecuador
Montoya-Lopez v. Garland, No. 23-1036 (1st Cir. Aug. 21, 2023)
- past persecution; particular social group; “family members of a business owner perceived as wealthy”; "people who have fled gangs instead of continuing to pay extortion"; extortion as persecution; economic deprivation; El Salvador
Munoz-Rivera v. Garland, No. 22-3124 (7th Cir. Aug. 24, 2023)
- domestic violence type asylum; material inconsistency; waiver of argument
Robbertse v. Garland, No. 22-1739 (8th Cir. Aug. 21, 2023)
- wire fraud; 18 U.S.C. § 1343; aggravated identity theft; 18 U.S.C. § 1028A(c)(5); INA § 101(a)(43)(M)(i); circumstance specific approach; over $10,000; sentencing documents and burdens; plea colloquy; particularly serious crime; N-A-M-
Deng v. Garland, No. 22-3621 (8th Cir. Aug. 25, 2023)
- CAT deferral; child soldier; South Sudan; hypothetical link in the chain; torture in prison; mental health
Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
"Modern immigration software & case management"
Joorney Business Plans
"Business-critical documents for every stage of your journey"
For 30% off use code: REVJOORNEY30
Want to become a patron?
- Click here to check out our Patreon Page!
CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
- About your host
- Case notes
- Recent criminal-immigration article (p.18)
- Featured in San Diego Voyager
DISCLAIMER:
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.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
Support the show
Intro
- ICE tweet!
- Breanna Cary shout out! - bcary.law@gmail.com
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
Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
"Modern immigration software & case management"
Joorney Business Plans
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- Click here to check out our Patreon Page!
CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
- About your host
- Case notes
- Recent criminal-immigration article (p.18)
- Featured in San Diego Voyager
DISCLAIMER:
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.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
Support the show
Helen Tarokic's T-Visa training link!
Fonseca-Fonseca v. Garland, No. 20-71977 (9th Cir. Aug. 8, 2023)
- prima facie standard; Coelho; L-O-G-; reasonable likelihood; motion to reopen
Garcia-Gonzalez v. Garland, No. 22-60501 (5th Cir. Aug. 7, 2023)
- ineffective assistance of counsel motion to reopen; prima facie eligibility; prejudice; sua sponte reopeing; family based particular social group
- Sign Rekha's Lozada Petition! https://bit.ly/3FlDGeZ
Yoc Esteban v. Garland, No. 22-1778 (1st Cir. Aug. 7, 2023)
- ineffective assistance of counsel motion to reopen; prima facie eligibility; prejudice; failure to specific particular social group
Vila-Castro v. Garland, No. 21-2011 (1st Cir. Aug. 8, 2023)
- unable or unwilling; acquiesce; police inaction; American Popular Revolutionary Alliance (“APRA”); Peru
Reyes-Corado v. Garland, No. 18-70225 (9th Cir. Aug. 11, 2023)
- changed country condition motion to reopen; reliance on affidavits; Guatemalan Civil War; family dispute; no need to file new asylum application
Wojciechowicz v. Garland, No. 22-1086 (7th Cir. Aug. 8, 2023)
- Governor’s pardon; inadmissibility; statute vs. FAM; ICE ignoring stay; INA § 237(a)(2)(A)(vi)
USA v. Cheboss, No. 22-2617 (8th Cir. Aug. 11, 2023)
- denaturalization; material misrepresentation; Maslenjak; materiality; INA § 101(f)(6); definition of testimony; false statement for someone else’s immigration benefit
USA v. Lopez, No. 21-12709 (11th Cir. Aug. 7, 2023)
- categorical approach and conspiracy offenses; CIMT; denaturalization; conspiracy to commit money laundering; 18 U.S.C. § 1956(h); divisibility; overbroad charging document; 18 U.S.C. § 1956(a)(1)(B); 18 U.S.C. § 1957; base vile or depraved even if deceit; Zarate
Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
"Modern immigration software & case management"
Joorney Business Plans
"Business-critical documents for every stage of your journey"
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CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
DISCLAIMER:
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.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
Support the show
Mancia v. Garland, No. 22-1599 (1st Cir. Aug. 4, 2023)
- NACARA; sua sponte motion to reopen; suspension of deportation; failure to depart with voluntary departure
Bazile v. Garland, No. 22-1767 (1st Cir. Aug. 4, 2023)
- venue; Matter of Garcia; completed proceedings; CAT deferral; Lavalas; Haiti
Arostegui-Maldonado v. Garland, No. 22-9554 (10th Cir. Aug. 1, 2023)
- CAT; under color of law; final order of removal; Nasrallah; reviewability; withholding-only proceedings;application of law to facts; mixed question of law and fact; de novo review; O-F-A-S-; Costa Rica
Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
"Modern immigration software & case management"
Joorney Business Plans
"Business-critical documents for every stage of your journey"
For 30% off use code: REVJOORNEY30
CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
- About your host
- Case notes
- Recent criminal-immigration article (p.18)
- Featured in San Diego Voyager
DISCLAIMER:
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.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
Support the show
Chen v. Garland, No. 19-715 (2d Cir. July 25, 2023)
- credibility; probative omission; trivial inconsistency; no requirement to list all persecution in asylum statement; supplemental rather than inconsistent; cultural context; totality of circumstances; de minimus inconsistency
Amador Duenas v. Garland, No. 18-71987 (9th Cir. July 27, 2023)
- Constitutionality of BIA members; Appointments Clause; Principal Officers; Inferior Officers
Diaz Mejia v. Garland, No. 21-2088 (7th Cir. July 27, 2023)
- failure to exhaust; waiver of argument
Cela v. Garland, No. 22-1322 (4th Cir. July 28, 2023)
- INA § 209 adjustment of status; asylee vs. refugee; termination of asylum status; Chevron deference; Matter of T-C-A-; statutory interpretation
Bouarfa v. DHS, No. 22-12429 (11th Cir. July 28, 2023)
- INA § 242(a)(2)(B)(ii); revocation of I-130 petition; INA § 204(c); discretion; jurisdiction
Clement v. U.S. Att’y Gen., No. 21-13382 (11th Cir. July 28, 2023)
- forfeiture of judicial review; derivate citizenship; Equal Protection; final order; motion to withdraw appeal; Ng Fung Ho; waiver of constitutional right
Bekhbat v. Garland, No. 22-2379 (8th Cir. July 27, 2023)
- motion to reconsider; administrative closure; automatic termination of voluntary departure
Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
"Modern immigration software & case management"
Joorney Business Plans
"Business-critical documents for every stage of your journey"
For 30% off use code: REVJOORNEY30
Capital Good Fund
"A social change organization that uses financial services to tackle poverty in America."
CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
- Recent criminal-immigration article (p.18)
- Featured in San Diego Voyager
DISCLAIMER:
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.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
Support the show
USA v. Rivera (3d Cir. July 19, 2023)
- federal definition of marijuana; hemp
Martinez v. Clark, et al., No. 21-35023 (9th Cir. May 30, 2023)
- detention; dangerousness; jurisdiction; INA § 236
De Leon Resendiz v. Exxon Mobil Corp., No. 21-2211 (4th Cir. July 10, 2023)
- 42 U.S.C. § 1981; discrimination; DACA; temporary employment; alienage
Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
"Modern immigration software & case management"
Joorney Business Plans
"Business-critical documents for every stage of your journey"
For 30% off use code: REVJOORNEY30
Capital Good Fund
"A social change organization that uses financial services to tackle poverty in America."
Want to become a patron?
- Click here to check out our Patreon Page!
CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
- About your host
- Case notes
- Recent criminal-immigration article (p.18)
- Featured in San Diego Voyager
DISCLAIMER:
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.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
Support the show
Links!!!!
- All about AILA
- All about Jeremey
- All about Farshad
- Jeremy's AILA Annual Conference 2023 Speech
- Farshad's AILA Annual Conference 2023 Speech
Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
"Modern immigration software & case management"
Joorney Business Plans
"Business-critical documents for every stage of your journey"
For 30% off use code: REVJOORNEY30
Want to become a patron?
- Click here to check out our Patreon Page!
CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
- About your host
- More episodes
- Case notes
- Top 15 immigration podcast in the U.S.
- Recent criminal-immigration article (p.18)
- Featured in San Diego Voyager
DISCLAIMER:
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.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
Support the show
Chicas-Machado v. Garland, No. 21-1381 (4th Cir. July 13, 2023)
- nexus; religion; evangelical Christian; OIL concession re: unable or unwilling to control MS-13; El Salvador
Trejo Tepas v. Garland, No. 22-1049 (4th Cir. July 10, 2023)
- pro se asylum; Quintero; claims processing and exhaustion; unaccompanied minor; Santos-Zacaria; gang violence; El Salvador
Santos Garcia v. Garland, No. 22-1463 (4th Cir. July 11, 2023)
- family based particular social group; gender; beyond nuclear family; Mara 18; Rodriguez-Arias v. Whitaker and J-F-F-; causal chain; El Salvador
Lazo-Gavidia v. Garland, No. 20-2306 (4th Cir. July 12, 2023)
- deficient NTA in absentia motion to reopen; INA § 239(a); failure to update address; presumption of delivery; issue exhaustion
Sanchez v. Garland, No. 22-1815 (1st Cir. July 14, 2023)
- nexus; particular social group; wealthy Salvadoran businessmen; family; extortion
Argueta-Hernandez v. Garland, No. 22-60307 (5th Cir. July 10, 2023)
- untimely petition for review; withholding; final order; Bhaktibhai-Patel; Nasrallah
Arroyo-Sosa v. Garland, No. 22-1334 (8th Cir. July 13, 2023)
- motion to reopen; reconsider; Coelho vs L-O-G-; asylum
Thok v. Garland, No. 22-2508 (8th Cir. July 13, 2023)
- Neb. Rev. Stat. § 28-511.01; shoplifting; aggravated felony theft; § 101(a)(43)(G); appropriate; deprive; mens rea
Paucar v. Garland, No. 21-6043 (2d Cir. July 12, 2023)
- ineffective assistance of counsel; Patel; prejudice; prima facie; reasonable probability; presumption that children will join parents; U visa; Sanchez Sosa; remand; Coelho
Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
"Modern immigration software & case management"
Joorney Business Plans
"Business-critical documents for every stage of your journey"
For 30% off use code: REVJOORNEY30
Capital Good Fund
"A social change organization that uses financial services to tackle poverty in America."
CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
DISCLAIMER:
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.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
Support the show
Ullah v. Garland, No. 22-1026 (4th Cir. July 6, 2023)
- reasonable relocation; for the rest of one’s life standard; remand for a grant of asylum; family members left behind; Pro-American imputed political opinion; DHS burden; Pakistani Taliban; Pakistan
Chen v. Garland, No. 21-1371 (4th Cir. July 6, 2023)
- corroboration; reasonableness of obtaining evidence; Wambura; threshold determination; otherwise credible; L-A-C-;one-year asylum deadline; changed circumstances; failure to consider evidence; State Department Reports; House Church; Christian; China
Osorio-Morales v. Garland, No. 22-2909 (7th Cir. July 5, 2023)
- unable or unwilling; family violence; failure to report to police; police investigation; systemic failure to protect; Honduras
Uriostegui-Teran v. Garland, No. 22-2472 (8th Cir. July 6, 2023)
- particularity; social distinction; particular social group; family group; ranchers; Mexico; willful blindness
Circuit Housekeeping
- Ninth (Mendoza Linares v. Garland) and Eleventh Circuits
United States v. Lung’aho, No. 22-3168 (8th Cir. July 6, 2023) and Janis v. United States, No. 22-2471 (8th Cir. July 6, 2023)
- crime of violence; arson; maliciously; malice; more than recklessness; post-Borden; mens rea;murder; malice aforethought; extreme recklessness
Madrid-Mancia v. Att'y Gen. U.S., No. 21-2291 (3d Cir. July 3, 2023)
- deficient NTA in absentia motion to reopen; § 239(a); use of the word or; follow up notice of hearing; statutory interpretation; statute as a whole; failure to update address
Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
"Modern immigration software & case management"
Joorney Business Plans
"Business-critical documents for every stage of your journey"
For 30% off use code: REVJOORNEY30
Capital Good Fund
"A social change organization that uses financial services to tackle poverty in America."
Want to become a patron?
- Click here to check out our Patreon Page!
CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
DISCLAIMER:
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.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
Support the show
United States v. Hansen, No. 22-179 (U.S. June 23, 2023)
- 8 U.S.C. § 1324(a)(1)(A)(iv); First Amendment; freedom of speech; facial challenge; criminal solicitation; criminal facilitation
Flores v. Garland, No. 22-20419 (5th Cir. June 23, 2023)
- EB-2A; National Interest Waiver; I-140 Petitions; Matter of Dhanasar; INA § 242(a)(2)(B)(2)
Cui v. Garland, No. 22-2177 (7th Cir. June 16, 2023)
- Adverse credibility; INA § 101(a)(42)(B); asylum; forced sterilization and abortion
Brizuela v. Garland, No. 22-1738 (8th Cir. June 27, 2023)
- Due process; humanitarian parole; continuance; termination; past persecution; threats; Matter of Y-S-L-C; psychological harm; persecutory conduct
Din v. Garland, No. 21-6586 (2d Cir. June 30, 2023)
- Frivolous asylum application; notice requirement for frivolousness; INA § 208(d)(6); INA § 208(a)(2)(B); INA § 208(d)(4)(A); Matter of Y-L-; 8 C.F.R. § 1208.20(2008); 8 C.F.R. § 1208.3(c)(2); adjustment of status; INA § 242(a)(2)(B)(i); discretion; INA § 212(a)(9)B)(i)(II); INA § 212(i)(1); 8 C.F.R. § 1240.12(c)
Park v. Garland, No. 21-70623 (9th Cir. June 29, 2023)
- Particularly serious crime; CHSC §§ 11370.1(a), 11351, 11352(a); Matter of Y-L-; withholding of removal; Protection under the Convention Against Torture; Chenery doctrine; torture; 8 C.F.R. § 1208.18(a)(3); lawful sanctions, prosecution, or punishment as torture; South Korea.
Ramirez Munoz v. Garland, No. 21-70431 (9th Cir. June 26, 2023)
- INA § 212(a)(6)(C)(ii)(I); false claim to U.S. citizenship; inadmissibility; Matter of Richmond; adjustment of status
Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
"Modern immigration software & case management"
Joorney Business Plans
"Business-critical documents for every stage of your journey"
For 30% off use code: REVJOORNEY30
Capital Good Fund
"A social change organization that uses financial services to tackle poverty in America."
CONTACT INFORMATION
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Facebook: @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
Support the show
United States v. Texas, No. 22-58 (U.S. June 23, 2023)
- State standing to challenge Executive action; prosecutorial discretion; redressability; historical analysis
Pugin v. Garland, No. 22-23 (U.S. June 22, 2023)
- relating to obstruction of justice; INA § 101(a)(43)(S); aggravated felony; relating to; dictionaries; Congressional intent
Figueroa Ochoa v. Garland, No. 20-72510 (9th Cir. June 20, 2023)
- INA 242(a)(2)(B)(i); Patel; non-LPR cancellation; vacated conviction; continuance; question of fact; Kucana; motion to remand
Giron-Molina v. Garland, No. 22-6243 (2d Cir. June 20, 2023)
- CIMT; Arkansas Code Ann. § 5-60-101; reprehensible conduct; abuse of a corpse; realistic probability test; divisibility
A.G. v. Garland, No. 22-1499 (4th Cir. June 23, 2023)
- nexus; family membership; extortion; gang recruitment; harm to applicant rather than family; ignoring testimony; revenge killing; CAT; failure to report to police; MS-13; El Salvador
Farnum v. Garland, No. 22-9526 (10th Cir. June 21, 2023)
- frivolous asylum filing; INA § 208(d)(6); 8 C.F.R. § 1208.20(a); regulatory interpretation; final agency decision
Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
"Modern immigration software & case management"
Joorney Business Plans
"Business-critical documents for every stage of your journey"
For 30% off use code: REVJOORNEY30
Capital Good Fund
"A social change organization that uses financial services to tackle poverty in America."
Want to become a patron?
- Click here to check out our Patreon Page!
CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
- About your host
- Case notes
- Recent criminal-immigration article (p.18)
- Featured in San Diego Voyager
DISCLAIMER:
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.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
Support the show
Dubin v. United States, No. 22-10 (U.S. June 12, 2023)
- identity theft; use; in relation to; statutory titles; “aggravated”; statutory interpretation; over-criminalization
Odei v. Garland, No. 21-1315 (1st Cir. June 15, 2023)
- denial of freedom; withholding of removal; nexus; taking land; Chieftain; Ghana
Alexandre-Matias v. Garland, No. 21-60798 (5th Cir. June 13, 2023)
- in absentia motion to reopen; due process; I-213; failure to file NTA; claims processing rule
Medina Carreon v. Garland, No. 21-60391 (5th Cir. June 15, 2023)
- temporary BIA member; ultra vires; 8 C.F.R. § 1003.1(a)(4); improper appointment of Acting Attorney General; cock fighting; good moral character; Castillo Perez
Medley v. Garland, No. 20-3079 (2d Cir. June 15, 2023)
- ICE arrest; egregious regulatory or constitutional violation; termination with prejudice where removability established
King v. Garland, No. 22-2166 (8th Cir. June 14, 2023)
- INA § 212(h) waiver; jurisdiction; reweighing evidence; Patel
Zongo v. Garland, No. 21-3847 (8th Cir. June 16, 2023)
- credibility; affidavit inconsistencies; Burkina Faso; exhaustion
Rincon Barbosa v. Garland, No. 22-1655 (8th Cir. June 14, 2023)
- divisibility; modified categorical approach; jury instructions; Kan. Stat. Ann. § 21-5706(a); same punishment; Kansas definition of methamphetamine
Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
"Modern immigration software & case management"
Joorney Business Plans
"Business-critical documents for every stage of your journey"
For 30% off use code: REVJOORNEY30
Capital Good Fund
"A social change organization that uses financial services to tackle poverty in America."
Want to become a patron?
- Click here to check out our Patreon Page!
CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
DISCLAIMER:
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.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
Support the show
USA v. Laines (CA11)
- Chamu; isomer
Koonwaiyou v. Blinken, No. 22-35233 (9th Cir. June 7, 2023)
- Nationals; American Samoa; 8 U.S.C. § 1408; uncodified statutes; legislative intent; temporarily limiting language; presumption against retroactivity
Rodriguez-Zuniga v. Garland, No. 19-72024 (9th Cir. June 7, 2023)
- extortion plus; asylum; Ayala; Guatemalan women; nexus; robbery; gang
Arizmendi-Medina v. Garland, No. 21-298 (9th Cir. June 7, 2023)
- due process; asylum filing deadlines; window filing; continuance; abuse of discretion
Zhovtonizhko v. Garland, No. 21-584 (9th Cir. June 7, 2023)
- Wash. Rev. Code § 46.61.024; CIMT; Ruiz-Lopez; attempting to elude police; reckless manner
Ponce v. Garland, No. 21-60530 (5th Cir. June 9, 2023)
- Tex. Pen. Code § 22.04(a); injury to a child; crime of child abuse; realistic probability
Pacheco-Moran v. Garland, No. 21-3779 (8th Cir. June 5, 2023)
- asylum; one year deadline; married gay men in Mexico; INA § 208(a)(3); Guerrero-Lasprilla; anti-Catholic; continuance; U-visa certification
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- About your host
- Case notes
- Recent criminal-immigration article (p.18)
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DISCLAIMER:
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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Portillo v. DHS, No. 22-1383 (1st Cir. May 30, 2023)
- firearms offense; INA § 237(a)(2)(C); defacing or receiving a firearm with a defaced serial number in violation of Mass. Gen. Law ch. 269, § 11C; realistic probability test; affirmative defense
Khan v. Garland, No. 21-60146 (5th Cir. May 30, 2023)
- receipt of stole property; INA § 101(a)(43)(G); 18 Pa. Cons. Stat. § 3925(a); mens rea; use of the word alien
Granados Arias v. Garland, No. 22-2148 (7th Cir. May 31, 2023)
- extortion; well-founded fear; nexus; nexus for withholding; harmless error; family living safely in country; Mara 18; El Salvador
Salgado v. Garland, No. 21-1864 (4th Cir. May 31, 2023)
- untimely petition for review; final order of removal; finality of decision when matter is remanded for consideration of voluntary departure; 30 day jurisdictional requirement
Nivelo Cardenas v. Garland, No. 20-60778 (5th Cir. June 2, 2023)
- deficient NTA; no-notice motion to reopen; in absentia; misspelled address; challenging presumption of regularity; rule of orderliness with deference to panel decisions; government misrepresentation in NTA
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Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
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Email: kgregg@kktplaw.com
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- About your host
- Case notes
- Recent criminal-immigration article (p.18)
- Featured in San Diego Voyager
DISCLAIMER:
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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Patron Shout Out!, USA v. Brooks (CA10), and § 1326 (CA 9)
- crime of violence; Oklahoma assault and battery; § 1326 totes not racist
Matter of Pougatchev, 28 I&N Dec. 719 (BIA 2023)
- aggravated felony; theft or burglary offense under INA § 101(a)(43)(G); crime of violence under INA § 101(a)(43)(F); second degree burglary in violation of N.Y. Penal Law § 140.25(1)(d); means vs. elements; building; inherent violence; BIA deciding legal issue undecided by IJ; display a weapon
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Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
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"Business-critical documents for every stage of your journey"
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"A social change organization that uses financial services to tackle poverty in America."
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- Click here to check out our Patreon Page!
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Email: kgregg@kktplaw.com
Facebook: @immigrationreview
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- About your host
- Case notes
- Recent criminal-immigration article (p.18)
- Featured in San Diego Voyager
DISCLAIMER:
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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Mukantagara v. DHS, No. 21-4144 (10th Cir May 16, 2023)
- Zipper Clause; INA § 242(b)(9); termination of asylum status; Rwanda genocide
USA v. Harris, No. 17-1861 (3d Cir. May 17, 2023) and USA v. Jenkins, No. 18-2222 (3d Cir. May 18, 2023)
- Borden; recklessness; omission; violent force; first degree aggravated assault; robbery; Pennsylvania; 18 Pa. Cons. Stat. § 2702(a)(1); second-degree aggravated assault of a protected individual in violation of 18 Pa. Cons. Stat. § 2702(a)(3); realistic probability test
Ruiz v. U.S. Att’y Gen., No. 22-10445 (11th Cir. May 18, 2023)
- VAWA cancellation of removal; definition of extreme cruelty; Patel; reviewable hardship determination; no requirement for physical abuse; INA § 103(a)(1); quintessential question of law
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Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
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"Modern immigration software & case management"
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"Business-critical documents for every stage of your journey"
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Capital Good Fund
"A social change organization that uses financial services to tackle poverty in America."
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Email: kgregg@kktplaw.com
Facebook: @immigrationreview
Instagram: @immigrationreview
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- About your host
- Case notes
- Recent criminal-immigration article (p.18)
- Featured in San Diego Voyager
DISCLAIMER:
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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Santos-Zacaria v. Garland, No. 21-1436 (U.S. May 11, 2023)
- exhaustion of administrative remedies; INA § 242(d)(1); jurisdiction; statutory scheme as a whole; Congressional language in the INA; claims processing rule; remedy of right
Banuelos-Jimenez v. Garland, No. 23-0097 (6th Cir. May 10, 2023)
- crime of violence; Borden; threatened use of force;apprehension of imminent physical injury; third-degree assault on a family or household member, Ark. Code Ann. § 5-26-309; state legislative intent
Ishmael v. Att'y Gen. U.S., No. 21-2563 (3d Cir. May 11, 2023)
- visa waiver program; reopened asylum only proceedings; terminating asylum status; entrance into the U.S. as an asylee
Mendez Esteban v. Garland, No. 22-1215 (1st Cir. May 11, 2023)
- DHS burden to establish fundamental change in circumstances; persuasiveness of State Department report; power of political party when not in power; local government; asylum; “generally free and fair”; family members living safely; Lider party; Guatemala
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Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
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Email: kgregg@kktplaw.com
Facebook: @immigrationreview
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Twitter: @immreview
- About your host
- Case notes
- Recent criminal-immigration article (p.18)
- Featured in San Diego Voyager
DISCLAIMER:
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.
MUSIC CREDITS:
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Matter of Morales-Morales, 28 I&N Dec. 714 (BIA 2023)
- 8 C.F.R. § 1003.38(c); Matter of Liadov; untimely notice of appeal; claims processing rule; equitable tolling
Rangel Perez v. Garland, No. 22-60074 (5th Cir. May 2, 2023)
- Patel; non-LPR cancellation of removal; hardship review; motion to remand; application of legal standard to undisputed facts
Oxlaj v. Garland, No. 22-1734 (8th Cir. May 3, 2023)
- particular social group; particularity; social distinction; witnesses who cooperate with law enforcement; Guatemala
Turcios-Flores v. Garland, No. 22-3325 (6th Cir. May 5, 2023)
- particular social group; immutability; Honduran landownership; fundamental characteristic; single mothers in Honduras; social distinction; police protection; BIA cleaning up factual finding of IJ; one central reason vs. A reason; nexus; extortion; Honduran government
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Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
"Modern immigration software & case management"
Joorney Business Plans
"Business-critical documents for every stage of your journey"
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Capital Good Fund
"A social change organization that uses financial services to tackle poverty in America."
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CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
- About your host
- Case notes
- Recent criminal-immigration article (p.18)
- Featured in San Diego Voyager
DISCLAIMER:
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.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
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Matter of Cancinos-Mancio, 28 I&N Dec. 708 (BIA 2023)
- modified categorical approach; reviewable documents; plea colloquy; crime of violence; Ariz. Rev. State § 13-1204(A)(2)
Cortez-Amador v. Att'y Gen. U.S., No. 22-1249 (3d Cir. Apr. 25, 2023)
- Special Immigrant Juvenile Status; SIJS;INA § 245(h); admission or parole; Patel; jurisdiction; death threats; Guatemala
Reese v. Garland, No. 22-6011 (5th Cir. Apr. 24, 2023)
- visa fraud; 18 U.S.C. § 1546(a); INA § 237(a)(1)(H) waiver; INA § 237(a)(3)(B)(iii); due process; family unity
Caldera-Torres v. Garland, No. 22-2282 (7th Cir. Apr. 27, 2023)
- crime of domestic violence; INA § 237(a)(2)(E)(i); Wis. Stat. § 940.19(1); circumstance specific approach; Pereida; domestic abuse surcharge; burdens
Somers v. USA, No. 19-1484 (11th Cir. Apr. 25, 2023)
- Borden; crime of violence; recklessness; Fla. Stat. § 784.021; Fla. St. 784.011(1); violent force; Florida Supreme Court decisions
Kerr v. Garland, No. 21-2074 (4th Cir. Apr. 24, 2023)
- CAT; aggregate risk of torture; compounding effect of harms; LGBTQ; former gang members; Jamaica
Santos Garcia v. Garland, No. 22-1535 (1st Cir. Apr. 28, 2023)
- asylum; persecution; death threats; Lider Party; Guatemala
Sharma v. Garland, No. 22-1496 (1st Cir. Apr. 28, 2023)
- derivative citizenship; former INA § 321(a); objective manifestation; Zombie Precedent; Nwozuzu; Cheneau
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Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
"Modern immigration software & case management"
Joorney Business Plans
"Business-critical documents for every stage of your journey"
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Capital Good Fund
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- Click here to check out our Patreon Page!
CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
DISCLAIMER:
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.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
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Sign Rekha Sharma-Crawford’s Matter of Lozada petition!
- https://bit.ly/3FlDGeZ
Hernandez v. Jaddou, No. 22-20325 (5th Cir. Apr. 16, 2023)
- TPS; arriving alien; advance parole; USCIS jurisdiction; Pate
Hernandez v. Garland, No. 19-2044 (2d Cir. Apr. 21, 2023)
- cancellation of removal; criminal convictions; BIA administrative notice of facts not reasonably in dispute; de novo review of discretion; BIA statements regarding standard of review
Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
"Modern immigration software & case management"
Joorney Business Plans
"Business-critical documents for every stage of your journey"
For 30% off use code: REVJOORNEY30
Capital Good Fund
"A social change organization that uses financial services to tackle poverty in America."
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- Click here to check out our Patreon Page!
CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
- About your host
- Case notes
- Recent criminal-immigration article (p.18)
- Featured in San Diego Voyager
DISCLAIMER:
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.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
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Malets v. Garland, No. 19-4216 (2d Cir. Apr. 14, 2023)
- credibility; Matter of Y-I-M-; corroboration; Zombie Precedent; remand despite deference; omissions; fraudulent passports and asylum; trivial inconsistency; immaterial inconsistency; IJ characterization of inconsistency; live testimony; Ukraine
Mejia Vega v. USCIS, et al., No. 16-56795 (9th Cir. Apr. 14, 2023)
- U visa waivers; federal court jurisdiction; INA § 242(a)(2)(B)(ii); discretionary determinations; INA § 212(d)(3)(A)(ii); Kucana; FRCP 12(b)(1); Matter of Hranka
Doyduk v. Att’y Gen. U.S., No. 21-3333 (3d Cir. Apr. 14, 2023)
- expungement; discretion; 18 Pa. C.S. § 9122(a)(1); legal challenge; Patel; discretion; adjustment of status; Matter of Arreguin; arrest reports; use of the word “the”
Alzaben v. Garland, No. 22-1561 (1st Cir. Apr. 14, 2023)
- conditional LPR; waiver of joint filing requirement; bonafide marriage; Patel; discretion; mixed question of law and fact; infidelity
City of South Miami v. Florida Immigrant Coalition, Inc., et al., No. 21-13657 (11th Cir. Apr. 13, 2023)
- organizational standing; Ron DeSantis immigration policies; concrete injury
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Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
"Modern immigration software & case management"
Joorney Business Plans
"Business-critical documents for every stage of your journey"
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Capital Good Fund
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CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
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Twitter: @immreview
- About your host
- Case notes
- Recent criminal-immigration article (p.18)
- Featured in San Diego Voyager
DISCLAIMER:
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.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
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Ayanian v. Garland, No. 16-70809 (9th Cir. Apr. 3, 2023)
- motion to reopen; stay of appellate proceedings; mediation; adjustment of status and immigration process; preference categories; Armenia
Andrade-Prado, Jr. v. Garland, No. 20-1913 (1st Cir. Apr. 4, 2023)
- aggravated felony; foreign conviction; fundamental fairness; travesty of justice; hearsay; particularly serious crime; biased judges; Brazil
United States v. Henderson, No. 18-1894 (3rd Cir. Mar. 29, 2023)
- Pennsylvania robbery; mens rea; violent force; conspiracy; crime of violence
Tobar v. Garland, No. 21-60875 (5th Cir. Apr. 7, 2023)
- TPS; brief, casual, and innocent trip abroad; continuous residence; short duration; 8 C.F.R. § 1244.1
Elldakli v. Garland, No. 22-20344 (5th Cir. Apr. 4, 2023)
- APA; Declaratory Judgment Act; Patel; jurisdiction; adjustment of status; final agency action; exhaustion of administrative remedies
Ponce Flores v. Garland, No. 21-10600 (11th Cir. Apr. 5, 2023)
- motion to remand; Patel; ineffective assistance of counsel; Lozada; due process right to discretionary relief; right to counsel
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Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
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Capital Good Fund
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Facebook: @immigrationreview
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Twitter: @immreview
- About your host
- Case notes
- Recent criminal-immigration article (p.18)
- Featured in San Diego Voyager
DISCLAIMER:
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.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
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Nkenglefac v. Garland, No. 19-60647 (5th Cir. Mar. 28, 2023)
- Equal Access to Justice Act (EAJA); substantially justified; evidence not in record; adverse credibility; paralegal fees
Garcia v. Garland, No. 20-1641 (2d Cir. Mar. 31, 2023)
- administrative closure; deference to the Attorney General; Castro-Tum; Cruz Valdez; regulatory interpretation; ambiguity; retroactive effect
United States v. Williams, No. 20-7131 (4th Cir. Mar. 27, 2023)
- crime of violence; sodomy-threat theory; Va. Code § 18.2-58; deference to state supreme court; U.S. v. Eldridge (CA2); kidnapping in violation of N.Y. Pen. Law § 135.20; USA v. Huerta-Rodriguez (CA5); INA § 101(a)(43)(O)
Khalulyan v. Garland, No. 21-70909 (9th Cir. Mar. 30, 2023)
- INA § 101(a)(43)(M)(i); § 101(a)(43)(U); loss over $10,000; sentence enhancement consideration; 18 U.S.C. § 1029(b)(2); credit card skimming; circumstance specific; conspiracy; potential loss; restitution
Al-Adily v. Garland, No. 22-3432 (6th Cir. Mar. 30, 2023)
- Mich. Comp. Laws § 750.362a(3)(a); INA § 101(a)(43)(M)(i); loss over $10,000; restitution in Michigan ; circumstance specific; clear and convincing evidence; rental car agreement; punishment
Alfred v. Garland, No. 19-72903 (9th Cir. Mar. 30, 2023) (en banc)
- U.S. v. Valdivia Flores; INA § 101(a)(43)(G); categorical approach; federal generic accomplice liability; robbery in violation of Wash. Rev. Code § 9A.56.190; state survey; Duenas-Alvarez; example of indivisible mens rea
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Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
"Modern immigration software & case management"
Joorney Business Plans
"Business-critical documents for every stage of your journey"
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Capital Good Fund
"A social change organization that uses financial services to tackle poverty in America."
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- Click here to check out our Patreon Page!
CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
DISCLAIMER:
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.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
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All about Ilyce Shugall:
Immigrant Legal Defense and Bio: here
* Op-Ed with the LA Times: Why I resigned as an immigration judge
* Get involved with the ABA Commission on Immigration!*: here
Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
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"Business-critical documents for every stage of your journey"
For 30% off use code: REVJOORNEY30
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CONTACT INFORMATION
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- About your host
- More episodes
- Case notes
- Top 15 immigration podcast in the U.S.
- Recent criminal-immigration article (p.18)
- Featured in San Diego Voyager
DISCLAIMER:
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.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
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Matter of Garcia, 28 I&N Dec. 693 (BIA 2023)
- venue; forum; choice of law; Auer; regulatory interpretation; INA § 242(b)(2); 8 C.F.R. § 1003.14(a); 8 C.F.R. § 1003.20(a); hardship challenge; arbitrary and capricious; comparing hardship case to other cases
U.S. v. Alas, No. 22-4193 (4th Cir. Mar. 24, 2023)
- illegal reentry; 8 U.S.C. § 1326; malicious wounding in violation of VA Code § 18.2-51; statute of limitations; § 287(g) agreements; challenging state court police immigration arrest; aggravated felony crime of violence; Borden
Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
"Modern immigration software & case management"
Joorney Business Plans
"Business-critical documents for every stage of your journey"
For 30% off use code: REVJOORNEY30
Want to become a patron?
- Click here to check out our Patreon Page!
CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
- About your host
- More episodes
- Case notes
- Top 15 immigration podcast in the U.S.
- Recent criminal-immigration article (p.18)
- Featured in San Diego Voyager
DISCLAIMER:
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.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
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Abuzeid v. Mayorkas, No. 21-5002 (D.C. Cir. Mar. 17, 2023)
- Patel; jurisdiction to review APA challenge of USCIS adjustment of status denial
Kong v. U.S., No. 21-1319 (1st Cir. Mar. 15, 2023)
- Federal Tort Claims Act; FTCA; unlawful detention; repatriation agreement; INA § 242(g); habeas; Reno v. American-Arab Anti-Discrimination Committee; reasonably foreseeable; 8 C.F.R. § 241.13(i)(2); Cambodia
Garcia-Pascual v. Garland, No. 20-2529 (8th Cir. Mar. 14, 2023)
- non-LPR cancellation; hardship; Patel; mixed question of law and fact
USA v. Heard, No. 22-1380 (8th Cir. Mar. 16, 2023)
- MDMA; overbroad controlled substance; Minnesota Rules, pt 6800.4210; isomers; realistic probability test
Gutierrez-Alm v. Garland, No. 17-71012 (9th Cir. Mar. 15, 2023)
- deficient Order to Show Cause; suspension; stop-time rule; withholding, CAT protection; family members of political dissidents; suspected gang members; social distinction; Sandinista; Nicaragua
Umana-Escobar v. Garland, No. 19-70964 (9th Cir. Mar. 17, 2023)
- de novo; questions of law; nexus; administrative closure; family members hiding
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Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
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"Business-critical documents for every stage of your journey"
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- About your host
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- Top 15 immigration podcast in the U.S.
- Recent criminal-immigration article (p.18)
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DISCLAIMER:
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.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
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USA v. Morris, No. 16-6-cr (2d Cir. Mar. 7, 2023)
- Hobbs Act robbery; 18 U.S.C. § 924(c)(3)(A); crime of violence; attempt; 18 U.S.C. § 1959(a)(3); N.Y. Penal Law § 120.05(2); N.Y. Penal Law § 120.10(1); VICAR assault; violent force; factual bases for plea in New York and Connecticut; categorical approach
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Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
"Modern immigration software & case management"
Joorney Business Plans
"Business-critical documents for every stage of your journey"
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CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
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- About your host
- More episodes
- Case notes
- Top 15 immigration podcast in the U.S.
- Recent criminal-immigration article (p.18)
- Featured in San Diego Voyager
DISCLAIMER:
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.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
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AILA v. EOIR!
- WebEx hearings
Zamaro-Silverio v. Garland, No. 21-60324 (5th Cir. Feb. 23, 2023)
- CIMT; Texas Transportation Code § 550.021; Mathis; hit and run; Garcia-Maldonado v. Gonzales; implicit overrule of precedent; overbreadth based on statutory text alone
Ayala Chapa v. Garland, No. 21-60039 (5th Cir. Feb. 20, 2023)
- non-LPR cancellation; jurisdiction; Patel standards for discretion; temporary BIA member; Santos Zacaria; procedural error; weighing of facts; reconsideration requirement
Rodriguez Gonzalez v. Garland, No. 22-60091 (5th Cir. Mar. 3, 2023)
- Texas aggravated robbery under Texas Penal Code § 29.03(a)(2); aggravated felony theft offense; INA § 101(a)(43)(G); crime of violence; 18 U.S.C. § 16(a); CAT deferral; corrupt police; Mexico
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Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
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Email: kgregg@kktplaw.com
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- About your host
- More episodes
- Case notes
- Top 15 immigration podcast in the U.S.
- Recent criminal-immigration article (p.18)
- Featured in San Diego Voyager
DISCLAIMER:
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.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
Support the show
Capital Good Fund Information:
- Website: here
- Andy's email: andy@capitalgoodfund.org
- FAQ Page: here
- Media
- AILA.org
- NextCity.gov
- Andy's award-nominated immigration poem: The Machinery of the State
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
"Modern immigration software & case management"
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- About your host!
- More episodes!
- Case notes!
- Top 15 immigration podcast in the U.S.!
- Recent criminal-immigration article (p.18)!
- Featured in San Diego Voyager!
DISCLAIMER:
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.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
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Harbin v. Sessions, 860 F.3d 58 (2d Cir. 2017)
- drug trafficking aggravated felony; INA § 101(a)(43)(B); categorical approach; divisibility; NYPL § 220.31; controlled substance list; NYPL § 220.00(5); criminal sentence; double jeopardy; jury instructions as last resort; "specify"
USA v. Brasby, No. 21-1537 (3d Cir. Feb. 23, 2023)
- N.J. Stat. Ann. § 2C:12-1(b)(1); extreme recklessness; crime of violence; Borden; mens rea divisibility in New Jersey; multidistrict analysis
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
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Email: kgregg@kktplaw.com
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- About your host
- More episodes
- Case notes
- Top 15 immigration podcast in the U.S.
- Recent criminal-immigration article (p.18)
- Featured in San Diego Voyager
DISCLAIMER:
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.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
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Matter of Duarte-Gonzalez, 28 I&N Dec. 688 (BIA 2023)
- unlawful presence; 10-year bar; INA § 212(a)(9)(B)(i)(II); statutory construction; negative inference
Ren, et al. v. USCIS, No. 21-1661 (4th Cir. Feb. 14, 2023)
- EB-1C; executive or manager; evidentiary burden of proof; degree of managerial or executive tasks; daily responsibilities; Patel
Britkovyy v. Mayorkas, No. 21-3160 (7th Cir. Feb. 17, 2023)
- district court jurisdiction to review adjustment of status denial; APA; Patel; presumption of reviewability; legislative intent; statute over regulation
Lopez v. Garland, No. 20-71956 (9th Cir. Feb. 16, 2023)
- cross-appeals; waiver of appeal
USA v. Alvarez, No. 21-50088 (9th Cir. Feb. 16, 2023)
- crime of violence; categorical approach and attempt; felonious assault on a peace officer in violation of Ohio Rev. Code § 2903.13(A); Palomar-Santiago; fundamental fairness; § 1326; Valdivia Flores; Door; knowledge; de minimis contact; force capable of causing physical pain or injury; Castleman; Stokeling
Serra v. U.S. Att'y Gen., No. 21-10471 (11th Cir. Feb. 15, 2023)
- credibility; insignificant inconsistencies; asylum; credible fear interview transcript; timing of kidney stone; approximation; guessing; number of countries traveled through; persecution through prosecution; Cuba
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
"Modern immigration software & case management"
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CONTACT INFORMATION
Email: kgregg@kktplaw.com
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Twitter: @immreview
- About your host!
- More episodes!
- Case notes!
- Top 15 immigration podcast in the U.S.!
- Recent criminal-immigration article (p.18)!
- Featured in San Diego Voyager!
DISCLAIMER:
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.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
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Hernandez-Martinez v. Garland, No. 21-1448 (1st Cir. Feb. 2, 2023)
- CAT; torture definition; single act; single incident; business owners in Guatemala who have high profit; severity of harm
Aguilar-Escoto v. Garland, No. 18-1590 (1st Cir. Feb. 7, 2023)
- withholding of removal notwithstanding adverse credibility finding; corroboration; failure to consider evidence; domestic violence; Honduras; de novo review of past persecution; Patel
Barnica-Lopez v. Garland, No. 21-1313 (1st Cir. Feb. 8, 2023)
- nexus; one central reason; family membership; revenge; W-Y-C- & H-O-B-; Honduras
Matter of J-L-L-, 28 I&N Dec. 684 (BIA 2023)
- deficient case initiating document; Form I-122; exclusion; Niz-Chavez and Pereira; non-LPR cancellation of removal
Adjei v. Mayorkas, No. 21-1615 (4th Cir. Feb. 7, 2023)
- Virginia divorce law; domicile in foreign country; Ghana marriage and divorce law; comity; Full Faith and Credit
Mohndamenang v. Garland, No. 21-60380 (5th Cir. Feb. 6, 2023)
- corroboration; Matter of L-A-C-; affidavits; Cameroon
Hernandez v. Garland, No. 22-3120 (6th Cir. Feb. 6, 2023)
- good moral character; Patel; Guerro Lasprilla; weighing evidence; mixed question of law and fact; non-LPR cancellation; DUI; Castillo-Perez
Islas-Saldana v. Garland, No. 22-1366 (8th Cir. Feb. 7, 2023)
- motion to reconsider; administrative closure; abuse of discretion
Aguilar Montecinos v. Garland, No. 21-2333 (8th Cir. Feb. 10, 2023)
- nexus; fear of gangs; power of MS-13; extortion as persecution; Honduras; Chenery ; harmless error
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
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Facebook: @immigrationreview
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- About your host!
- Case notes!
- Recent criminal-immigration article (p.18)!
DISCLAIMER:
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.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
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Supreme Court 2023 Term Rundown
- United States v. Helaman Hansen
- Arizona v. Mayorkas
- Santos Zacaria v. Garland
- U.S. v. Texas
- Pugin v. Garland
- Dubin v. U.S.
USA v. White, No. 21-3209 (6th Cir. Jan. 31, 2023)
- aggravated felony crime of violence; INA § 101(a)(43)(F); Borden; recklessness; mens rea; Ohio Rev. Code § 2911.01(A)(1); aggravated robbery
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
"Modern immigration software & case management"
Capital Good Fund
"A social change organization that uses financial services to tackle poverty in America."
Want to become a patron?
- Click here to check out our Patreon Page!
CONTACT INFORMATION
Email: kgregg@kktplaw.com
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- About your host!
- More episodes!
- Case notes!
- Top 15 immigration podcast in the U.S.!
- Recent criminal-immigration article (p.18)!
- Featured in San Diego Voyager!
DISCLAIMER:
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.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
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Saban-Cach v. Att’y Gen. U.S., No. 21-2378 (3d Cir. Jan. 25, 2023)
- past persecution; failure to seek medical care; physical injury; cumulative effect of harm; minors; Kaqchikel Mayan; reasonable relocation for indigenous individuals; threats; standards of review for withholding and CAT; police and gangs; Patel; Guatemala
Cruz‐Velasco v. Garland, No. 21-1642 (7th Cir. Jan. 24, 2023)
- good moral character; Matter of Castillo-Perez; DUI; undisputed issues of fact; Patel; non-LPR cancellation of removal; ability to review refusal to reopen sua sponte
Debique v. Garland, No. 21-6208 (2d Cir. Jan. 27, 2023)
- sexual abuse in the second degree under N.Y. Penal Law § 130.60(2); sexual abuse of a minor aggravated felony; INA § 101(a)(43)(A); Chevron deference; sexual contact; age of the victim; Esquivel Quintana
Lemus-Coronado v. Garland, No. 22-1015 (8th Cir. Jan. 23, 2023)
- asylum; particular social groups; witnesses who cooperate with law enforcement; gangs; public testimony; Matter of H-L-S-A-; social distinction; formal legislation; Guatemala
Cristobal Antonio v. Garland, No. 21-70624 (9th Cir. Jan. 26, 2023)
- past persecution; threats; near confrontation; near violence; no requirement for severe injury; subjective suffering; decision to flee to the U.S.; imputed particular social group; women in Guatemala perceived to be lesbian; absence of evidence; unable or unwilling to protect; imputed sexual orientation
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
"Modern immigration software & case management"
Capital Good Fund
"A social change organization that uses financial services to tackle poverty in America."
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CONTACT INFORMATION
Email: kgregg@kktplaw.com
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Twitter: @immreview
- About your host!
- More episodes!
- Case notes!
- Top 15 immigration podcast in the U.S.!
- Featured in San Diego Voyager!
DISCLAIMER:
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.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
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Death of a Roman (times, new)
Singh v. Garland, No. 19-2910 (2d Cir. Jan. 19, 2023)
- INA § 101(a)(43)(U); INA § 101(a)(43)(F); aggravated felony crimes of violence; 18 U.S.C. § 16(a); attempted first-degree assault in violation of N.Y. Pen. L. §§ 110.00, 120.10(1); violent force; requesting publication
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
"Modern immigration software & case management"
Capital Good Fund
"A social change organization that uses financial services to tackle poverty in America."
Want to become a patron?
- Click here to check out our Patreon Page!
CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
- About your host!
- More episodes!
- Case notes!
- Top 15 immigration podcast in the U.S.!
- Featured in San Diego Voyager!
DISCLAIMER:
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.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
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Matter of Chen, 28 I&N Dec. 676 (BIA 2023)
- deficient NTA; plain language; stop-time rule; final order of removal; prima facie showing; fundamental change in law – Niz Chavez
USA v. Amintobia, No. 20-50039 (9th Cir. Jan. 11, 2023)
- knowingly procuring or attempting to procure naturalization; Maslenjak; asylum fraud; false statements; materiality; predictably have disclosed; lawfully admitted for permanent residence; INA § 101(a)(20); 18 U.S.C. § 1425(a); 18 U.S.C. § 1546(a); German asylum
Reyes-Ramos v. Garland, No. 18-1830 (1st Cir. Jan. 13, 2023)
- jurisdiction to review no reasonable fear findings; OIL concession; standard of review; fear of gangs; MS-13 recruitment; particular social group; persons against whom MS-13 retaliates for failure to join; El Salvador
USA v. Harrison, No. 21-14514 (11th Cir. Jan. 10, 2023)
- O.C.G.A. § 16-8-40; crime of violence; robbery; sudden snatching; divisibility; use of the word “or,” “includes,” or “such as”; comparison to similar statutes; jury instructions; same punishment; lesser included offense
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
"Modern immigration software & case management"
Capital Good Fund
"A social change organization that uses financial services to tackle poverty in America."
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- About your host!
- More episodes!
- Case notes!
- Top 15 immigration podcast in the U.S.!
- Featured in San Diego Voyager!
DISCLAIMER:
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.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
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Celebrating listener success!
Porosh v. Garland, No. 22-1781 (7th Cir. Jan. 5, 2023)
- credibility; asylum; immigration fraud; procedural deviations; testifying by reading from a piece of paper; lack of detail in testimony; reviewing IJ and BIA decisions; Jamaat; Bangladesh
Salazar v. Garland, No. 21-1967 (4th Cir. Jan. 3, 2023)
- identity theft; Va. Code Ann. § 18.2-186.3(A)(2); CIMT; intent to defraud; harm; old BIA precedent; three member BIA panel; CA5 – Cargill v. Garland and Rule of Lenity
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
"Modern immigration software & case management"
Capital Good Fund
"A social change organization that uses financial services to tackle poverty in America."
Want to become a patron?
- Click here to check out our Patreon Page!
CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
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Twitter: @immreview
- About your host!
- More episodes!
- Case notes!
- Top 15 immigration podcast in the U.S.!
- Featured in San Diego Voyager!
DISCLAIMER:
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.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
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Alvarez-Gomez v. Garland, No. 21-2279 (8th Cir. Dec. 28, 2022)
- mental health; Matter of M-A-M- safeguards; jurisdiction; findings of fact for withholding of removal; Nasrallah; fear of gangs; CAT protection; police acquiescence to gang violence; low level official; relocation; El Salvador
United States v. Myers, No. 21-3443 (8th Cir. Dec. 29, 2022)
- cocaine isomers; realistic probability test; Missouri Rev. Stat. § 195.211 (2003)
Perez-Portillo v. Garland, No. 20-73486 (9th Cir. Dec. 30, 2022)
- in absentia motion to reopen; no notice; presumption of delivery; Matter of G-Y-R-; lack of affidavit for pro se noncitizen; Matter of M-R-A-; diligence
Robinson v. Garland, No. 20-1807 (1st Cir. Dec. 28, 2022)
- derivative citizenship; former INA § 321(a)
Jimenez-Portillo v. Garland, No. 21-1117 (1st Cir. Dec. 27, 2022)
- nexus; family membership; asylum; substantial evidence review; Mara 18; El Salvador
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
"Modern immigration software & case management"
Capital Good Fund
"A social change organization that uses financial services to tackle poverty in America."
Want to become a patron?
- Click here to check out our Patreon Page!
CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
- About your host!
- More episodes!
- Case notes!
- Top 15 immigration podcast in the U.S.!
- Featured in San Diego Voyager!
DISCLAIMER:
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.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
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Gebrgzabher v. Garland, No. 21-60223 (5th Cir. Dec. 19, 2022)
- persecutor bar to asylum; assisted, or otherwise participated in persecution; Matter of DR-; military guard; Eritrea
Edwards v. U.S. Att'y Gen., No. 19-15077 (11th Cir. Dec. 23, 2022)
- sentence modification; Matter of Thomas and Thompson;retroactivity; reasonableness; Georgia family violence battery in violation of O.C.G.A. § 16-5-23.1; term of imprisonment; INA § 101(a)(48); jurisdiction; findings of fact for withholding of removal; Nasrallah; Malu
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
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"Modern immigration software & case management"
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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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Training: Is This a T Visa? with Helen Tarokic - January 27, 2023 from 9:30am to 10:30am EST
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Salguero Sosa v. Garland, No. 19-70961 (9th Cir. Dec. 16, 2022)
- cumulative effect of harm for past persecution; dwarf; dwarfism; political opinion; nexus standard for withholding of removal; Guatemala
Escobar v. Garland, No. 22-1249 (8th Cir. Dec. 15, 2022)
- alienage; inconsistencies in DHS evidence; burdens; inconsistent birth certificate; schizophrenia; CAT; mental health facility; Honduras
Platero-Rosales v. Garland, No. 20-60707 (5th Cir. Dec. 15, 2022)
- deficient NTA in absentia motion to reopen; failure to provide address; Rodriguez; failure to read NTA in Spanish; Spagnol-Bastos
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Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
"Modern immigration software & case management"
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"A social change organization that uses financial services to tackle poverty in America."
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DISCLAIMER:
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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Links!
- All about John and his law firm
- Immigration Lawyers Toolbox homepage
- Immigration Lawyers Toolbox Magazine
- Immigration Lawyers Podcast
- Register for the Conference!
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Kurzban Kurzban Tetzeli and Pratt P.A.
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DISCLAIMER:
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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Hasan-Nayem v. U.S. Att'y Gen., No. 21-12402 (11th Cir. Dec. 7, 2022)
- credibility; inconsistencies; omissions, demeanor; memorizing testimony; evasiveness; asylum; Liberal Democratic Party; Awami League; Bangladesh
Matter of Mariscal-Hernandez, 28 I&N Dec. 666(BIA Dec. 9, 2022)
- suppression; Fourth Amendment; egregious violation; Matter of Barcenas; termination; Pereira; I-213; probative evidence; INA § 287; 8 C.F.R. § 287
Diaz-Rodriguez v. Garland, No. 13-73719 (9th Cir. Dec. 8, 2022) (en banc)
- Cal. Penal Code § 273a(a); crime of child abuse, child neglect, or child abandonment; INA § 237(a)(2)(E)(i); categorical approach; statutory interpretation; agency deference; Chevron.
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Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
"Modern immigration software & case management"
Capital Good Fund
"A social change organization that uses financial services to tackle poverty in America."
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- Top 15 immigration podcast in the U.S.!
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DISCLAIMER:
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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Sign Rekha Sharma-Crawford's Matter of Lozada petition!
- https://bit.ly/3FlDGeZ
Matter of K. Gupta, 28 I&N Dec. 653 (BIA 2022)
- attorney suspension; disbarment; 8 C.F.R. § 1003.107; 8 C.F.R. § 1003.102(f)(1); American Bar Association standards; challenging Lozada!
Matter of Triana, 28 I&N Dec. 659 (BIA 2022)
- INA § 245(i); meritorious in fact; approvable when filed; erroneous approval
Song v. Garland, No. 18-2496 (4th Cir. Dec. 1, 2022)
- K-1 fiancé visa; affidavit of support; conditional permanent residence; I-864; Matter of Song; Chevron deference; Auer deference
Alexander-Mendoza v. Att'y Gen. U.S., No. 21-2322 (3d Cir. Dec. 2, 2022)
- knowing, intelligent, and voluntary waiver of appeal; right to appeal; pro se; substantial evidence; motion to reconsider; fundamental fairness
Hammerschmidt v. Garland, No. 21-60462 (5th Cir. Nov. 18, 2022)
- particularly serious crime for withholding of removal; INA § 101(a)(43)(M)(i); amount of loss; restitution order; joint and several liability; fraud crimes
Eneugwu v. Garland, No. 20-61162 (5th Cir. Dec. 1, 2022)
- ineffective assistance of counsel motion to reopen; equitable tolling; biometrics requirement; sua sponte jurisdiction
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Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
"Modern immigration software & case management"
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- Top 15 immigration podcast in the U.S.!
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DISCLAIMER:
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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Garcia-Aranda v. Garland, No. 18-2281 (2d Cir. Nov. 21, 2022)
- asylum; CAT; family membership; under color of law; public official; corrupt police; Mara 18; Honduras
Gonzalez Aquino v. Att’y Gen. U.S., No. 21-3317 (3d Cir. Nov. 22, 2022)
- regulatory violation; fundamental right; prejudice; harmless error; exhaustion (low bar); CAT; Dominican Republic
Adongafac v. Garland, No. 21-1800 (8th Cir. Nov. 21, 2022)
- venue; asylum; past persecution; corroboration; objective evidence; opportunity to explain; Anglophone Cameroon
Gonzalez-Rivas v. Garland, No. 21-3364 (8th Cir. Nov. 23, 2022)
- Patel; jurisdiction; Guerrero Lasprilla; hardship standard; best interests of the child; mixed question of law and fact
Rodriguez Diaz v. Garland, et al., No. 20-16245 (9th Cir. Nov. 21, 2022)
- detention; due process; INA § 236(a); Jennings v. Rodriguez; history of immigration detention in the Ninth Circuit; burdens; Matthews Test; detention post final order of removal
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
"Modern immigration software & case management"
Capital Good Fund
"A social change organization that uses financial services to tackle poverty in America."
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- More episodes!
- Case notes!
- Top 15 immigration podcast in the U.S.!
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DISCLAIMER:
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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Matter of Coronado Acevedo, 28 I&N Dec. 648 (A.G. 2022)
- termination; Matter of S-O-G- & -F-D-B-; notice and comment rulemaking
Llanas-Trejo v. Garland, No. 21-3770 (8th Cir. Nov. 16, 2022)
- non-LPR cancellation of removal; good moral character; multiple DUIs; Matter of Cartillo-Perez; presumption; hardship to non-qualifying relative; motion to reopen; Patel
Santos-De Jimenez v. Garland, No. 21-1496 (4th Cir. Nov. 15, 2022)
- petition for review; INA § 242(b)(1); Federal Rule of Appellate Procedure 26(c); filing deadline
Williams v. Garland, No. 20-1854 (4th Cir. Nov. 16, 2022)
- Virginia of assault and battery of a police officer, obstructing justice, disorderly conduct, failure to appear; Va. Code Ann. §§ 18.2-57(C), 18.2-460, 18.2-415, 19.2-128; motion to reconsider; equitable tolling; aggravated felony crime of violence; Johnson; Dimaya; jurisdiction; INA § 242(a)(2)(C); de novo standard of review; mixed question of law and fact
Yousif v. Garland, No. 22-0243 (6th Cir. Nov. 16, 2022)
- CAT deferral; Chaldean Christian; long time U.S. residence; cumulative harm; unpublished BIA decisions; material change in country conditions; cumulative evidence; particularly serious crime and Matter of B-Z-R-; Iraq
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Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
"Modern immigration software & case management"
Capital Good Fund
"A social change organization that uses financial services to tackle poverty in America."
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- Top 15 immigration podcast in the U.S.!
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DISCLAIMER:
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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Zaragoza v. Garland, No. 19-3437 (7th Cir. Nov. 8, 2022)
- vacated criminal convictions; Matter of Thomas and Thompson; Indiana Code § 35-46-1-4(a)(2); CIMT; petty offense exception; child endangerment; realistic probability test; retroactive application; Matter of Cota-Vargas
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Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
"Modern immigration software & case management"
Capital Good Fund
"A social change organization that uses financial services to tackle poverty in America."
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Email: kgregg@kktplaw.com
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- About your host!
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- Top 15 immigration podcast in the U.S.!
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DISCLAIMER:
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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"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
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Laparra-Deleon v. Garland, No. 22-1081 (1st Cir. Nov. 4, 2022)
- deficient NTA in absentia motion to reopen; Matter of Laparra; notice of hearing; definition of the word “change”; Zombie precedent
Pinel-Gomez v. Garland, No. 19-3124 (2d Cir. Nov. 2, 2022)
- corroboration; standard of review; factual question; finding of fact; reasonably available evidence; REAL ID Act
Quituizaca v. Garland, No. 19-3470 (2d Cir. Nov. 1, 2022)
- asylum; withholding; nexus; indigenous ethnicity; Matter of C-T-L-; one central reason; a reason; statutory text
Madrid-Montoya v. Garland, No. 20-2072 (4th Cir. Oct. 31, 2022)
- nexus; family group; land dispute; timing of threats; narcotraffickers; Honduras
Coreas-Chavez v. Garland, No. 21-2900 (8th Cir. Nov. 1, 2022)
- asylum; motion to reconsider; Matter of Fernandes;extortion; gangs; El Salvador
Hernandez v. Garland, No. 20-72138 (9th Cir. Oct. 31, 2022)
- particularly serious crime; I-213 reliability; Alcaraz-Enriquez; right to cross-examine police and DHS; schizophrenia; mental health; CAT; government acquiescence; aggregating risk; Mexico
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
"Modern immigration software & case management"
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- About your host!
- More episodes!
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- Top 15 immigration podcast in the U.S.!
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DISCLAIMER:
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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Zapata-Chacon v. Garland, No. 20-9645 (10th Cir. Oct. 25, 2022)
- Colorado definition of marijuana; motion to reconsider and terminate; definition of review; definition of relief; INA § 241(a)(5); jurisdiction; 28J letter
Morales v. Garland, No. 20-1305 (4th Cir. Oct. 24, 2022)
- particular social group; witnesses to gang crime; women unable to leave their domestic relationship; family; particularity; social distinction; nexus; exhaustion; El Salvador
Guevara-Fabian v. Garland, No. 20-60627 (5th Cir. Oct. 25, 2022)
- asylum; particular social group; family group; nexus; extortion; El Salvador
Mendoza-Linares v. Garland, No. 20-71582 (9th Cir. Oct. 24, 2022)
- arriving alien; credible fear review; reasonable fear; Thuraissigiam; Transit Bar; INA § 242(e); constitutional claims; constitutional rights; due process INA § 242(d); nondelegation doctrine
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
"Modern immigration software & case management"
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Email: kgregg@kktplaw.com
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- About your host!
- More episodes!
- Case notes!
- Top 15 immigration podcast in the U.S.!
- Featured in San Diego Voyager!
DISCLAIMER:
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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"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
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Chavez v. Garland, No. 21-1267 (1st Cir. Oct. 21, 2022)
- withholding of removal; imputed political opinion; imputed particular social group; imputed gang member; Matter of E-A-G-; Chevron Step 2; CAT; willful blindness; MS-13; El Salvador
H.H. v. Garland, No. 21-1150 (1st Cir. Oct. 21, 2022)
- CAT protection; acquiescence; willful blindness test; mixed question of law and fact; experts; Matter of S-V-; CAT regulations; legislative history; private actors as government actors; under color of law; Fourteenth Amendment; MS-13; El Salvador; Honduras
Dong v. Garland, No. 16-70543 (9th Cir. Oct. 19, 2022)
- credibility; omission; inconsistency between written statement and testimony; interrogation; demeanor; household registration document
De Leon Lopez v. Garland, No. 20-71529 (9th Cir. Oct. 21, 2022)
- CAT; government acquiescence; agency deference; speculation; substantial evidence; relocation; government actor; police officers as gang members; Guatemala
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
"Modern immigration software & case management"
Want to become a patron?
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Email: kgregg@kktplaw.com
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- About your host!
- More episodes!
- Case notes!
- Top 15 immigration podcast in the U.S.!
- Featured in San Diego Voyager!
DISCLAIMER:
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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Singh v. Garland, No. 20-70050 (9th Cir. Oct. 12, 2022)
- en banc challenge; in absentia motion to reopen; deficient NTA; statutory interpretation; Rodriguez; Laparra
Sarr v. Garland, No. 20-3836 (2d Cir. Oct. 12, 2022)
- venue; jurisdiction; stay of removal; INA § 242(b)(2)
Moreno v. Garland, No. 21-1237 (1st Cir. Oct. 14, 2022)
- adjustment of status; INA § 245(a); discretion; motion to remand; new evidence; jurisdiction
Baghdad v. Att'y Gen. U.S., No. 21-2094 (3d Cir. Oct. 11, 2022)
- mens rea; mental state; aggravated felony theft offense; retail theft under 18 Pa. Cons. Stat. § 3929(a)(1); permissive inference by a jury; 18 Pa. Cons. Stat. § 3929(c); use of the word “shall”; realistic probability test
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
"Modern immigration software & case management"
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- About your host!
- More episodes!
- Case notes!
- Top 15 immigration podcast in the U.S.!
- Featured in San Diego Voyager!
DISCLAIMER:
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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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
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
"Modern immigration software & case management"
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- Top 15 immigration podcast in the U.S.!
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DISCLAIMER:
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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Lara-Garcia v. Garland, No. 20-71703 (9th Cir. Sept. 26, 2022)
- motion to reopen; vacated conviction; Cardoso-Tlaseca; simple possession of drugs; Federal First Offender’s Act (FFOA); Lujan-Armendariz; sua sponte; CIMT – Cal. Pen. Code § 459, misdemeanor burglary; Cal. Pen. Code § 496(a), misdemeanor receipt of stolen property; Cal. Health and Safety Code § 11364(a), misdemeanor possession of drug paraphernalia
De La Rosa-Rodriguez v. Garland, No. 20-71923 (9th Cir. Sept. 27, 2022)
- Non-LPR cancellation of removal; jurisdiction; Patel; mixed question of law and fact
Ruiz-Perez v. Garland, No. 20-61133 (5th Cir. Sept. 30, 2022)
- reinstatement; VAWA cancellation of removal; Nasrallah; Guzman Chavez
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
"Modern immigration software & case management"
Want to become a patron?
- Click here to check out our Patreon Page!
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- About your host!
- More episodes!
- Case notes!
- Top 15 immigration podcast in the U.S.!
- Featured in San Diego Voyager!
DISCLAIMER:
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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"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
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September 2022 Patron Shout Out!
- Derrick Upchurch
- Breanna Cary
- Nenad Milosevic
- Yuna E. Scott
- Lorraine Marte
- Susan Gregg
- Michelle M. Marty Rivera
- Pablo Rodriguez
- Dave Burton
- Fola Olumbunmi
Kumar v. Garland, No. 20-60712 (5th Cir. Sept. 21, 2022)
- exhaustion; due process; asylum; past persecution; government actor; BJP; India
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"Modern immigration software & case management"
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DISCLAIMER:
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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Singh v. Garland, No. 20-72806 (9th Cir. Sept. 14, 2022)
- past persecution; serious harm; death threats alone; fleeing home; age of victim for persecution; Shiromani Akali Dal Party (Mann Party); India
Martinez Roman v. Garland, No. 20-3476 (2d Cir. Sept. 15, 2022)
- continuances; non-LPR cancellation of removal; exceptional and extremely unusual hardship; psychological expert; live testimony; duplicative testimony; duty to develop the record; Mexico
Freza v. Att’y Gen. U.S., No. 21-2259 (3d Cir. Sept. 15, 2022)
- continuances; due process; no need to establish prejudice; regulatory violation; potential for prejudice; termination for regulatory violation; CAT deferral
*Sponsors and friends of the podcast!
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Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
"Modern immigration software & case management"
Want to become a patron?
- Click here to check out our Patreon Page!
CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
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- About your host!
- More episodes!
- Case notes!
- Top 15 immigration podcast in the U.S.!
- Featured in San Diego Voyager!
DISCLAIMER:
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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Intro + Hernandez Avilez v. Garland, No. 20-16142 (9th Cir. Sept. 8, 2022) (detention)
Rodriguez De Palucho v. Garland, No. 22-0212 (6th Cir. Sept. 9, 2022)
- asylum; unable or unwilling to control private actors; extortion; rent; MS-13; El Salvador
Agustin-Matias v. Garland, No. 21-60288 (5th Cir. Sept. 9, 2022)
- non-LPR cancellation of removal; qualifying relative; evidentiary burden; U.S. citizenship
Lopez v. Att'y Gen. U.S., No. 21-1490 (3d Cir. Sept. 9, 2022)
- NACARA; INA § 212(h) waiver; statutory interpretation; Congressional intent
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
"Modern immigration software & case management"
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Email: kgregg@kktplaw.com
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- About your host!
- More episodes!
- Case notes!
- Top 15 immigration podcast in the U.S.!
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DISCLAIMER:
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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Gonzalez-Castillo v. Garland, No. 21-70112 (9th Cir. Aug. 31, 2022)
· Interpol Red Notice; Article 13 of the Salvadoran Code; MS-13; serious reason to believe; serious nonpolitical crime; probable cause; burdens; Matter of W-E-R-B-; Salvadoran Art. 13; MS-13; IJ duty to develop the record
Romero-Millan v. Garland, No. 16-73915 (9th Cir. Aug. 29, 2022)
· law relating to a controlled substance; categorical approach; divisibility; certification; Arizona; A.R.S. § 13-3415; drug paraphernalia; A.R.S.§ 13-3408(A)(2); drug possession for sale
Singh v. Garland, No. 19-73107 (9th Cir. Aug. 30, 2022)
· changed country condition motion to reopen; credibility; Matter of F-S-N-; establish identity; Sikh; Mann Party; India
Casas v. Garland, No. 20-1739 (7th Cir. Aug. 29, 2022)
· Reinstatement; reasonable fear interview; regulatory notice requirements; intent to reinstate; kidnapping; Mexico
Domingo-Mendez v. Garland, No, 21-1029 (1st Cir. Aug. 31, 2022)
· non-LPR cancellation of removal; exceptional and extremely unusual hardship; clear error review; Guatemala
Parada v. Garland, No. 19-60425 (5th Cir. Sept. 1, 2022)
· Deficient NTA; stop time rule; motion to reopen; non-LPR cancellation of removal
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
"Modern immigration software & case management"
Want to become a patron?
- Click here to check out our Patreon Page!
CONTACT INFORMATION
Email: kgregg@kktplaw.com
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- About your host!
- More episodes!
- Case notes!
- Top 15 immigration podcast in the U.S.!
- Featured in San Diego Voyager!
DISCLAIMER:
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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Vurimindi v. Att'y Gen. U.S., No. 19-1848 (3d Cir. Aug. 24, 2022)
- stalking in violation of 18 Pa. Stat. and Cons. Stat. § 2709.1(a)(1); divisibility; mens rea; INA § 237(a)(2)(E)(i); means vs. elements; intent; “demonstrate”; Pennsylvania jury instructions
Rivera-Medrano v. Garland, No. 20-1667 (1st Cir. Aug. 26, 2022)
- motion to remand; credibility; Matter of F-S-N-; expert psychological opinion; PTSD; memory issues; recollection of children; childhood trauma; credible and reasonable fear interview transcripts; border interviews; El Salvador
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Email: kgregg@kktplaw.com
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- About your host!
- More episodes!
- Case notes!
- Top 15 immigration podcast in the U.S.!
- Featured in San Diego Voyager!
DISCLAIMER:
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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Cordero-Garcia v. Garland, No. 19-72779 (9th Cir. Aug. 15, 2022)
- INA § 101(a)(43)(S), obstruction of justice; Valenzuela Gallardo; Cal. Pen. Code § 136.1(b)(1); Matter of Cordero-Garcia; realistic probability; Zombie alert!
Ballinas-Lucero v. Garland, No. 17-73260 (9th Cir. Aug. 15, 2022)
- vacated convictions; Cal. Pen. Code § 1018; cancellation; Pereida; burdens; Thomas and Thompson
Matter of V-A-K-, 28 I&N Dec. 630 (BIA 2022)
- N.Y. Pen. Law §§ 110.00 and 140.25(2); attempted burglary; INA §§ 101(a)(43)(U), (G); dwelling; overnight accommodation; violence; Sitt; Quarles
Garcia Sarmiento v. Garland, No. 20-1679 (1st Cir. Aug. 17, 2022)
- reinstatement; withholding only proceedings; motion to reopen; time deadlines; jurisdiction; Honduras
Tantchev v. Garland, No. 22-0195 (6th Cir. Aug. 19, 2022)
- receipt of stolen property aggravated felony; INA § 101(a)(43)(G); exporting stolen vehicles; 18 U.S.C. § 553; Matter of Daeng; willful blindness; reason to believe; knowledge
Dor v. Garland, No. 20-1694 (1st Cir. Aug. 19, 2022)
- particularly serious crime; BIA’s failure to conduct analysis; Frentescu; criminal-alien bar; exhaustion; small amount of marijuana
Al-Masaudi v. Garland, No. 21-2166 (8th Cir. Aug. 15, 2022)
- crime of child abuse; INA § 237(a)(2)(E)(i); Neb. Rev. Stat. § 28-707(1); Velazquez-Herrera; particularly serious crime; harm to persons; CAT deferral; criminal deportees; Iraq
Estrada-Cardona v. Garland, No. 21-9562 (10th Cir. Aug. 17, 2022)
- in absentia motion to reopen; deficient NTA; statutory interpretation; sua sponte; equitable tolling; physical removal; reasoned decision making
Dragomirescu v. U.S. Att'y Gen., No. 20-13705 (11th Cir. Aug. 16, 2022)
- in absentia motion to reopen; no notice; failure to update address; Matter of M-R-A-; presumptions; affidavits; deficient NTA
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Email: kgregg@kktplaw.com
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- About your host!
- More episodes!
- Case notes!
- Top 15 immigration podcast in the U.S.!
- Featured in San Diego Voyager!
DISCLAIMER:
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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Tinoco Acevedo v. Garland, No. 20-2048 (4th Cir. Aug. 11, 2022)
- IJ bias; belittle; due process; Matter of Y-S-L-C-; lack of fluency in English; relying on evidence not in the record
K.Y. v. U.S. Att'y Gen., No. 21-10271 (11th Cir. Aug. 9, 2022)
- particularly serious crime; asylum; transgender woman; extortion; issue exhaustion; discretionary findings and jurisdiction; Guyana
Keta v. Garland, No. 21-3243 (8th Cir. Aug. 10. 2022)
- deferral; Kunama interpreter; CAT grant despite adverse credibility; reversing IJ; IJ Practice Manual; impeachment evidence; Eritrea
Mohamed v. Garland, No. 21-2309 (8th Cir. Aug. 10. 2022)
- withholding; corroboration; musicians; Western values; clans; dancing with naked women; collateral estoppel; law of the case; reversing IJ; religion; Somalia
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
"Modern immigration software & case management"
Want to become a patron?
- Click here to check out our Patreon Page!
CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
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Twitter: @immreview
- About your host!
- More episodes!
- Case notes!
- Top 15 immigration podcast in the U.S.!
- Featured in San Diego Voyager!
DISCLAIMER:
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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"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
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Sorto-Guzman v. Garland, No. 20-1762 (4th Cir. Aug. 3, 2022)
- single death threat; persecution; question of law; Catholic religion; burdens; Mara 18; El Salvador
Gutierrez-Vargas v. Garland, No. 21-3520 (8th Cir. Aug. 1, 2022)
- particularly serious crime; reweighing evidence; crimes against persons; INA § 242(a)(2)(C); CAT deferral; dismemberment; Zetas; Mexico
Perez-Camacho v. Garland, No. 19-72063 (9th Cir. Aug. 1, 2022)
- motion to reopen; modified convictions; sua sponte; gross miscarriage of justice; tolling; diligence
Troncoso-Oviedo v. Garland, No. 21-70547 (9th Cir. Aug. 5, 2022)
- INA § 101(f)(7); good moral character; presentence confinement; Chevron; Matter of Valdovinos; due process; waiving asylum application
Chen v. Garland, No. 19-4162 (2d Cir. Aug. 5, 2022)
- sua sponte motion to reopen; review of legal or constitutional error; derivative asylum; China
Campos-Chaves v. Garland, No. 20-60262 (5th Cir. Aug. 3, 2022)
- deficient NTA; Rodriguez; Spagnol-Bastos; Notice of Hearing; failure to provide address
Matter of Fernandes, 28 I&N Dec. 605 (BIA 2022)
- partially deficient NTA; timely assertion of mandatory claims processing rule; “shall”; prejudice; dismissal; mental incompetence
Castillo-Gutierrez v. Garland, No. 20-60492 (5th Aug. 5, 2022)
- deficient NTA; subject matter jurisdiction; Notice of Hearing; hardship; Patel
Chuor v. Garland, No. 20-3571 (8th Cir. Aug. 4, 2022)
- CAT deferral; clear error; review of IJ factual findings; personal risk of torture; similar sounding names; mental illness; South Sudan
Morfa Diaz v. DHS, et al., No. 20-2110763 (11th Cir. Aug. 5, 2022)
- aggravated felony drug trafficking; INA § 101(a)(43)(B); divisibility; naturalization; INA § 101(f)(8); NYPL § 220.39; narcotic
Bastias v. U.S. Att'y Gen., No. 21-11416 (11th Cir. Aug. 2, 2022)
- INA § 237(a)(2)(E)(i); crime of child abuse, neglect, or abandonment; Soram; Velazquez-Herrera; culpably negligent; criminal negligence; review of state statutes to define; Chevron; reasonableness; burdens
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
"Modern immigration software & case management"
Want to become a patron?
- Click here to check out our Patreon Page!
DISCLAIMER:
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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Matter of Ortega-Quezada, 28 I&N Dec. 598 (BIA 2022)
- INA § 237(a)(2)(C); firearm offense; exchange; ammunition; gratuitous transfer; divisibility; double jeopardy; similarly-worded statutes; Pereida
Martinez Alquijay v. Garland, No. 20-70470 (9th Cir. July 27, 2022)
- untimely asylum filing; one-year deadline; extraordinary circumstances; legal disability; stress; young age; failure to speak English
Garcia-Marin v. Garland, No. 20-3393 (7th Cir. July 29, 2022)
- reinstatement; deferral of removal; physical removal; mootness
Shkembi v. Att'y Gen. U.S., No. 21-2592 (3d Cir. July 27, 2022)
- visa waiver program violators; fraud at entry; photo-switched passport; asylum-only proceedings; withdraw of asylum application; adjustment of status; due process and motion to reopen; INA § 245(c)(4); Albania
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
"Modern immigration software & case management"
Want to become a patron?
- Click here to check out our Patreon Page!
CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
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Twitter: @immreview
- About your host!
- More episodes!
- Case notes!
- Top 15 immigration podcast in the U.S.!
- Featured in San Diego Voyager!
DISCLAIMER:
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.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
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Ndudzi v. Garland, No. 20-60782 (5th Cir. July 20, 2022)
- adverse credibility; demeanor; inconsistency; asylum; credible fear interview notes; Angola; Cabinda; Front for the Liberation of the Enclave of Cabinda (FLEC); BIA rewriting IJ decision
Masin-Ventura v. Garland, No. 21-60610 (5th Cir. July 21, 2022)
- motion to reopen; equitable tolling; diligence
Bravo-Bravo v. Garland, No. 20-71042 (9th Cir. July 18, 2022)
- reinstatement; gross miscarriage of justice; motion to reopen; challenge to reinstatement order; statute vs. regulations
Lopez Luvian v. Garland, No. 18-73286 (9th Cir. July 19, 2022)
- reinstatement; jurisdiction; termination; false claim to U.S. citizenship; final order of exclusion; gross miscarriage of justice
Dacostagomez-Aguilar v. U.S. Att'y Gen., No. 20-13576 (11th Cir. July 19, 2022)
- deficient NTA; in absentia motion to reopen; due process; failure to appear; Singh; Rodriguez; motion to change venue; Matter of Pena-Mejia
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
"Modern immigration software & case management"
Want to become a patron?
- Click here to check out our Patreon Page!
CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
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Twitter: @immreview
- About your host!
- More episodes!
- Case notes!
- Top 15 immigration podcast in the U.S.!
- Featured in San Diego Voyager!
DISCLAIMER:
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.
MUSIC CREDITS:
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United States v. Hernandez-Calvillo, No. 19-3210 (10th Cir. July 13, 2022)
- encourage; induce; alien smuggling; First Amendment; 8 U.S.C. § 1324(a)(1)(A)(iv); Sineneng-Smith; statutory interpretation
USA v. Bastide-Hernandez, No. 19-30006 (9th Cir. July 11, 2022) (en banc)
- deficient NTA; claims processing rule; subject matter jurisdiction; § 1326; prejudice
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
"Modern immigration software & case management"
Want to become a patron?
- Click here to check out our Patreon Page!
CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
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- About your host!
- More episodes!
- Case notes!
- Top 15 immigration podcast in the U.S.!
- Featured in San Diego Voyager!
DISCLAIMER:
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.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
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Barseghyan v. Garland, No. 16-72849 (9th Cir. July 8, 2022)
- credibility; asylum; inconsistency; Alam;past persecution; totality of circumstances; opportunity to explain; plausibility; Armenia
Gudiel-Villatoro v. Garland, No. 20-61050 (5th Cir. July 8, 2022)
- deficient NTA; in absentia motion to reopen; Rodriguez; failure to update address; failure to provide address; Spagnol-Bastos
Daye v. U.S. Att'y Gen., No. 20-14340 (11th Cir. July 6, 2022)
- CIMT; drug trafficking; Va. Code Ann. § 18.2-248.01; Va. Code Ann. § 18.2-256; intent to distribute; conspiracy; mens rea; conspiracy; morally reprehensible
Rivera Vega v. Garland, No. 19-71750 (9th Cir. July 8, 2022)
- reinstatement with adjustment of status application pending before USCIS; INA § 212(a)(9)(C); IIRIRA; retroactivity; right to counsel; reasonable fear review
Brito v. Garland, No. 21-1278 (7th Cir. July 7, 2022)
- clear error review; standard of review; speculation; DHS appeal; temporary BIA members; 8 C.F.R. § 1003.1(a)(4); Familia Michoacan cartel; CAT; Mexico
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
"Modern immigration software & case management"
Want to become a patron?
- Click here to check out our Patreon Page!
CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
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Twitter: @immreview
- About your host!
- More episodes!
- Case notes!
- Top 15 immigration podcast in the U.S.!
- Featured in San Diego Voyager!
DISCLAIMER:
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.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
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Zepeda-Lopez, et al. v. Garland, No. 19-145 (2d June 28, 2022)
- asylum; dual citizenship; dual nationality; statutory interpretation; “any”; dictionary definitions; INA § 101(a)(42)(A); refugee; UN Refugee Convention; statutory scheme as a whole; Matter of B-R-; Honduras
Matter of E-F-N-, 28 I&N Dec. 591 (BIA 2022)
- credibility; impeachment; filing deadlines; fundamental fairness; Federal Rules of Evidence; Cameroon; SCNC
Herrera-Alcala v. Garland, No. 20-1770 (4th Cir. June 30, 2022)
- venue; forum; Immigration Adjudication Center; credibility; Cuba; credible fear interview; omissions; inherent plausibility; recovery without medical attention; visa from persecuting country
Antonio v. Garland, No. 22-0141 (6th Cir. June 29, 2022)
- stay of removal; Nken;irreparable-harm; CAT deferral; drug trafficking; gangs; Dominican Republic
Barradas Jacome v. Att'y Gen. U.S., No. 20-2439 (3d Cir. June 30, 2022)
- 18 Pa. Cons. Stat. § 3925(a); expedited removal; due process; challenge removability; regulatory interpretation; exhaustion; administrative remedy; INA § 101(a)(43)(G); receipt of stolen property; mens rea
Antonio Hernandez v. Garland, No. 20-70158 (9th Cir. June 27, 2022)
- NACARA; LPR cancellation of removal; INA § 240A(a); INA § 240A(c)(6); statutory interpretation; statutory scheme as a whole; Matter of Hernandez-Romero
Alberto Hernandez v. Garland, No. 21-70493 (9th Cir. June 28, 2022)
- TPS; admission; admitted in any status; LPR cancellation of removal under INA § 240A(a); Sanchez v. Mayorkas; particularly serious crime; cumulative effect of convictions; Cal. Pen. Code § 273.5(A)
Sarkar v. Garland, No. 17-72212 (9th Cir. July 1, 2022)
- circuit court administrative closure; discretion standard; ICE discretion not to remove; prosecutorial discretion memo; changed country condition motion to reopen; individualized risk; Bangladesh
Djie v. Garland, No. 20-60448 (5th Cir. June 29, 2022)
- number bar to motions to reopen; changed country condition motion to reopen; regulatory interpretation; conflict between statute and regulation; 8 C.F.R. § 1003.2(c)(2); doctrine of expressio unius est exclusio alterius
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
"Modern immigration software & case management"
Want to become a patron?
- Click here to check out our Patreon Page!
DISCLAIMER:
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.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
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United States v. Taylor, No. 20-1459 (U.S. June 21, 2022)
- Hobbs Act robbery; 18 U.S.C. § 924(c)(3)(A); crime of violence; attempt; substantial step; realistic probability test
Menghistab v. Garland, No. 21-2099 (7th Cir. June 21, 2022)
- changed country conditions motion to reopen; CAT deferral; review of foreign law; prima facie showing; Ethiopian citizenship; ethnic Eritrean; Ethiopia; Tigray War; Eritrea
Matter of Nchifor, 28 I&N Dec. 585 (BIA 2022)
- deficient NTA; timely assertion of mandatory claims processing rule; forum shopping; choice of law; law of jurisdiction of detention; venue
Velasquez-Samayoa v. Garland, No. 21-70093 (9th Cir. June 24, 2022)
- CAT protection; harm in totality; aggregate risk; Dr. Thomas Boerman; MS-13; 18th Street gang; tattoos; percentage of harm; Matter of J-F-F-; expert testimony; El Salvador
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
"Modern immigration software & case management"
Want to become a patron?
- Click here to check out our Patreon Page!
CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
- About your host!
- More episodes!
- Case notes!
- Top 15 immigration podcast in the U.S.!
- Featured in San Diego Voyager!
DISCLAIMER:
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.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
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Garland v. Gonzalez, et al., No. 20-322 (U.S. June 13, 2022)
- INA § 242(f)(1); injunctions; class action; individual; statutory interpretation; detention
Johnson v. Arteaga-Martinez, No. 19-896 (U.S. June 13, 2022)
- statutory interpretation; canon of constitutional avoidance; detention; withholding-only proceedings; reinstatement; Jennings
Aguirre-Zuniga v. Garland, No. 21-1201 (7th Cir. June 16, 2022)
- methamphetamine; isomers; categorical approach; internal divisibility; Ind. Code § 35-48-4-1.1; realistic probability test; legislative silence
Cabrera-Ruiz v. Garland, No. 21-2085 (7th Cir. June 14, 2022)
- CAT; acquiesce; fear of cartels; gang tattoo; credibility; Mexico
Reyes Pujols v. Garland, No. 21-1128 (1st Cir. June 14, 2022)
- credibility; aggregate inconsistencies; demeanor; unconscious bias; trauma survivors; Dominican Republic
Matter of D-L-S-, 28 I&N Dec. 568 (BIA 2022)
- particularly serious crime; final judgment; deferred adjudication; assault; Fla. Stat. § 784.041; conviction; canon on consistent usage
Holmes v. Garland, No. 21-2135 (8th Cir. June 17, 2022)
- remand; pro se admissions & concessions; due process; fundamental fairness
Donnelly v. CARRP, No. 20-4243 (2d Cir. June 14, 2022)
- INA § 310(c); jurisdiction; mandatory claims processing rule; exhaustion; naturalization; Ireland
Molina v. Garland, No. 19-73028 (9th Cir. June 13, 2022)
- asylum; past persecution; threats; fleeing; terrorist accusations; cumulative harm for asylum; El Chipote; risk percentage; protesting; CAT; detention at airport; Nicaragua
Greenwood v. Garland, No. 17-72389 (9th Cir. June 16, 2022)
- changed country condition motion to reopen; credibility; Matter of F-S-N-; identity; sua sponte;Jamaica
Marquez-Reyes v. Garland, No. 17-71367 (9th Cir. June 14, 2022)
- alien smuggling; INA § 212(a)(6)(E)(i); encouraged; knowing; dictionaries; cannon of constitutional avoidance; First Amendment; pro-immigration political advocacy; Equal Protection; vagueness; administrative closure
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
"Modern immigration software & case management"
Want to become a patron?
- Click here to check out our Patreon Page!
DISCLAIMER:
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.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
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USA v. Castillo, No. 21-527 (2d Cir. June 8, 2022)
- crime of violence; attempt; violent force; attempted second-degree gang assault in violation of N.Y. Pen. L. §§ 120.06 and 110.00; legal impossibility
Flores-Alonso v. U.S. Att'y Gen., No. 19-14058 (11th Cir. June 6, 2022)
- non-LPR cancellation of removal under INA § 240A(b); exceptional and extremely unusual hardship; Patel; reasoned consideration
- Donate to Immigrant's List
Vasquez-Borjas v. Garland, No. 17-70867 (9th Cir. June 6, 2022)
- CIMT; Cal. Pen. Code § 472; forgery; intent to defraud; social security card; rule of the last antecedent; exhaustion; Matter of Burbano
Mendoza-Garcia v. Garland, No. 20-73583 (9th Cir. June 10, 2022)
- first-degree burglary of a dwelling; Or. Rev. Stat.§ 164.225; aggravated felony theft offense; INA § 101(a)(43)(G); divisibility; Oregon occupied dwelling; particularly serious crime; case-by-case analysis
Fosu v. Garland, No. 20-60749 (5th Cir. June 7, 2022)
- prison mailbox rule; conspiracy to commit bank and wire fraud in violation of 18 U.S.C. § 1349; INA § 101(a)(43)(U)/(M); restitution; loss to the victim
Monsonyem v. Garland, No. 20-60952 (5th Cir. June 7, 2022)
- crime of child abuse; INA § 237(a)(2)(E)(i); Tex. Pen. Code § 22.04(a)(3); divisibility; affirmative defense; jury instructions; Mathis peak
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
"Modern immigration software & case management"
Want to become a patron?
- Click here to check out our Patreon Page!
CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
- Learn about your host!
- More episodes!
- Case notes!
- Top 15 immigration podcast in the U.S.!
DISCLAIMER:
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.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
Support the show
Lopez-Perez v. Garland, No. 20-60131 (5th Cir. June 1, 2022)
- domestic violence based asylum claims; Jaco v. Garland; A-R-C-G-; failure to file a brief with the BIA; futility of remand; El Salvador
Bertrand v. Garland, No. 19-60620 (5th Cir. June 3, 2022)
- unable or unwilling to protect; police reports; Matter of O-Z- & I-Z-; complete helplessness; Patel;voodoo; Haiti
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
"Modern immigration software & case management"
Want to become a patron?
- Click here to check out our Patreon Page!
CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
- Learn about your host!
- More episodes!
- Case notes!
- Top 15 immigration podcast in the U.S.!
DISCLAIMER:
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.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
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USA v. Jimenez-Shilon, No. 20-13139 (11th Cir. May 23, 2022)
- 18 U.S.C. § 922(g)(5)(A); right of “the people” to bear arms
Nunez v. Att'y Gen. U.S., No. 20-2651 (3d Cir. May 26, 2022)
- endangering the welfare of a child in the third degree, in violation of N.J. Stat. § 2C:24-4(a)(1); use and definition of “would”; crime of child abuse, neglect, or abandonment; INA § 237(a)(2)(E)(i); likelihood of harm; tendency for harm; capacity to harm
Cardona-Franco v. Garland, No. 19-60789 (5th Cir. May 24, 2022)
- credibility; IJ bias; exhaustion; motion to reconsider; previously available evidence
Li v. Garland, No. 21-3328 (8th Cir. May 27, 2022)
- changed country condition motion to reopen; Chinese Christian; Matter of F-S-N-; prima facie case
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
"Modern immigration software & case management"
Want to become a patron?
- Click here to check out our Patreon Page!
CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
- Learn about your host!
- More episodes!
- Case notes!
- Top 15 immigration podcast in the U.S.!
DISCLAIMER:
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.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
Support the show
Patel v. Garland, No. 20-979 (U.S. May 16, 2022)
- jurisdiction to review five types of discretionary relief; statutory interpretation; false claim to citizenship; agency power
Saint Ford v. Att'y Gen U.S., No. 21-1729 (3d Cir. May 16, 2022)
- ineffective assistance of counsel motion to reopen; corroboration; prejudice; truth of statements in motion; Platform Petit Dessalines (PPD); Haiti
Argueta-Orellana v. Att’y Gen. U.S., No. 20-1581 (3d Cir. May 20, 2022)
- failure to file a brief with BIA; regulatory interpretation; 8 C.F.R. § 1003.l(d)(2)(i)(E)
Ali v. Garland, No. 21-1296 (1st Cir. May 5, 2022)
- evidence in totality; private actors; security forces; Al-Shabaab; CAT; Somalia
Fon v. Garland, No. 20-73166 (9th Cir. May 18, 2022)
- asylum; past persecution; nexus; standard of review; Anglophone; Cameroon
Olea-Serefina v. Garland, No. 20-72231 (9th Cir. May 19, 2022)
- aggravated felony crime of violence; § 101(a)(43)(F); § 16(a); corporal injury upon a child in violation of Cal. Pen Code § 273d(a); term of imprisonment; violent force; use of the word “an”; old state case law; continuances
Nkenglefac v. Garland, No. 19-60647 (5th Cir. May 18, 2022)
- asylum; credibility; extra-record evidence; credible fear interview; discrepancies; opportunity to explain; SCNC; Cameroon
Vasquez-De Martinez v. Garland, No. 21-60856 (5th Cir. May 16, 2022)
- extensions of time; motion to dismiss; voluntary dismissal; Federal Rule of Appellate Procedure 42
Arreola-Ochoa v. Garland, No. 21-1179 (7th Cir. May 17, 2022)
- deficient NTA; prejudice; timeliness; dismissal; claims processing rule
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
"Modern immigration software & case management"
Want to become a patron?
- Click here to check out our Patreon Page!
CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
- Learn about your host!
- More episodes!
- Case notes!
- Top 15 immigration podcast in the U.S.!
DISCLAIMER:
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.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
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Ed and Liz take us through the case and settlement Dong, et al. v. Johnson, et al., Case No. 17-2092-ES-JSA—a class-action lawsuit which challenged various actions and conduct of the U.S. Government related to the University of Northern New Jersey (“UNNJ”). UNNJ was a fake university set up by DHS. After over five years of litigation, the lawsuit has now settled, and the Court has approved the parties’ Settlement Agreement. Rejoice!
Links!:
- Everything you need to know about the lawsuit and settlement
- AMENDED SETTLEMENT AGREEMENT AND RELEASE
- NOTICE OF PROPOSED CLASS ACTION SETTLEMENT
- About Ed
- About Liz
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
"Modern immigration software & case management"
Want to become a patron?
- Click here to check out our Patreon Page!
CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
- Learn about your host!
- More episodes!
- Case notes!
- Top 15 immigration podcast in the U.S.!
DISCLAIMER:
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.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
Support the show
Matter of B-Z-R-, 28 I&N Dec. 563 (A.G. 2022)
- mental health; Matter of G-G-S-; particularly serious crime
Kithongo v. Garland, No. 21-2662 (7th Cir. May 9, 2022)
- particularly serious crime; conspiracy to commit robbery; violent crimes; Matter of N-A-M-; jurisdiction; exhaustion; case processing rule; actually argued
Tojin-Tiu v. Garland, No. 21-2269 (8th Cir. May 12, 2022)
- family-based particular social group; fear of gangs; persecution Guatemala
Jang v. Garland, No. 19-4289 (2d Cir. May 9, 2022)
- CIMT; attempted second-degree money laundering; N.Y. Penal L. § 470.15(1)(b)(ii)(A); Matter of Tejwani; intent to defraud; knowing mens rea
Pena-Lopez v. Garland, No. 20-60911 (5th Cir. May 12, 2022)
- mixed question of law and fact; jurisdiction; VAWA motion to reopen; VAWA cancellation of removal; extraordinary circumstances or extreme hardship to the noncitizen’s child; Guerrero-Lasprilla; INA § 242(a)(2)(D)
Priva v. U.S. Att'y Gen., No. 20-12521 (11th Cir. May 12, 2022)
- reasonable fear proceedings; right to counsel; due process; substantial prejudice; Nasrallah factual findings; Haiti
Lopez Morales v. U.S. Att'y Gen., No. 20-14054 (11th Cir. May 11, 2022)
- exhaustion; asylum; reasoned consideration; Mayan race; Mam; Guatemala
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
"Modern immigration software & case management"
Want to become a patron?
- Click here to check out our Patreon Page!
CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
- Learn about your host!
- More episodes!
- Case notes!
- Top 15 immigration podcast in the U.S.!
DISCLAIMER:
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.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
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U.S. v. Begay, No. 14-10080 (9th Cir. May 5, 2022) (en banc)
- crime of violence; recklessness; Borden
Udo v. Garland, No. 20-70078 (9th Cir. May 4, 2022)
- credibility; frivolous asylum finding; deliberate fabrication; materiality; gay men; homosexuality; consideration of all evidence; adverse credibility and Convention Against Torture; Nigeria
Matter of German Santos, 28 I&N Dec. 552 (BIA 2022)
- Penn. Cons. Stat. § 780-113(a)(30); INA § 237(a)(2)(B)(i); divisibility; sentence enhancement; modified categorical approach; non-LPR cancellation; DUI; discretion; Matter of Laguerre
Alvarez v. Garland, No. 22-6021 (2d Cir. May 5, 2022)
- violation of a court protection order; INA § 237(a)(2)(E)(ii); in forma pauperis motion; first-degree contempt of court in violation of N.Y. Penal L. § 215.51; circumstance specific approach
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
"Modern immigration software & case management"
Want to become a patron?
- Click here to check out our Patreon Page!
CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
- Learn about your host!
- More episodes!
- Case notes!
- Top 15 immigration podcast in the U.S.!
DISCLAIMER:
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.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
Support the show
Matter of Dang, 28 I&N Dec. 541 (BIA 2022)
- misdemeanor domestic abuse battery with child endangerment in violation of LA Stat. § 14:35.3(I); crime of domestic violence; INA § 237(a)(2)(E)(i); physical force; 18 U.S.C. § 16(a); Castleman, Stokeling
Bhaktibhai-Patel v. Garland, No. 19-2565 (2d Cir. Apr. 27, 2022)
- jurisdiction; final order; finality; withholding only proceedings; reinstatement; INA § 101(a)(47); illegal reentry; due process; Thuraissigiam
Hernandez-Ortiz v. Garland, No. 16-72752 (9th Cir. Apr. 26, 2022)
- motion to reopen; equitable tolling; ineffective assistance of counsel; prejudice; egregious; drug cartels; Mexico
Gutierrez-Zavala v. Garland, No. 20-73398 (9th Cir. Apr. 26, 2022)
- reinstatement; jurisdiction; Chenery Doctrine; motion to reopen
Salat v. Garland, No. 20-2662 (8th Cir. Apr. 28, 2022)
- CAT deferral; factfinding; internally displaced person camp; IDP camp; mental health illness; mental health facility; Somaliland; Somalia
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
"Modern immigration software & case management"
Want to become a patron?
- Click here to check out our Patreon Page!
CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
- Learn about your host!
- More episodes!
- Case notes!
- Top 15 immigration podcast in the U.S.!
DISCLAIMER:
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.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
Support the show (https://www.patreon.com/immigrationreview)
About Hidden Dream:
The Hidden Dream was built to raise awareness of the struggles faced by visa immigrants, share resources, and create a community to uplift immigrants who have spent several years in this country without a pathway to citizenship.
The Hidden Dream specializes in creating resources for childhood visa arrivals - children who entered the country on H4, L2, E2 etc. visas and are at risk of deportation.
The Hidden Dream serves visa immigrants (including visa dreamers, dependent visa spouses, families affected by the Green Card backlog, mixed status families and international students) by compiling and creating resources, guides, hosting workshops + support groups, providing a safe space for visa immigrants on social media, offering an annual scholarship, and creating crucial networking opportunities.
Links!:
- The Hidden Dream's website
- About Sumana and Harishree
- THD Survival Guide
- Donate
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
"Modern immigration software & case management"
Want to become a patron?
- Click here to check out our Patreon Page!
CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
- Learn about your host!
- More episodes!
- Case notes!
- Top 15 immigration podcast in the U.S.!
DISCLAIMER:
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.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
Support the show (https://www.patreon.com/immigrationreview)
Aaliyah The Brave: Empowering Children Coping with Immigration Enforcement, by Rekha Sharma-Crawford, Esq.
- Pre-order on Amazon, here!
- About the book
- About the author: https://sharma-crawford.com/attorny-profiles/
Barros v. Garland, No. 21-1335 (1st Cir. Apr. 19, 2022)
- LPR cancellation of removal; discretion; dead fish standard of review; exhaustion; jurisdiction; requirement to file motion to reconsider with BIA
Matter of Dingus, 28 I&N Dec. 529 (BIA 2022)
- nunc pro tunc changes to convictions; vacatur; modification; distribution of a controlled substance in violation of VA Code § 18.2-248; Matter of Pickering; burdens; Thomas and Thompson; salvinorin A
Rodriguez v. Garland, No. 20-60008 (5th Cir. Apr. 19, 2022)
- in absentia motion to reopen; deficient NTA; Niz Chavez; INA § 239(a)
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
"Modern immigration software & case management"
Want to become a patron?
- Click here to check out our Patreon Page!
CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
- Learn about your host!
- More episodes!
- Case notes!
- Top 15 immigration podcast in the U.S.!
DISCLAIMER:
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.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
Support the show (https://www.patreon.com/immigrationreview)
Ibarra Chevez v. Garland, No. 20-1576 (4th Cir. Apr. 15, 2022)
- CAT; torture in the aggregate; relocation; Decree 717; mixed question of law and fact; standards of review; no need for motion to reconsider; MS-13; El Salvador
Sanchez-Amador v. Garland, No. 20-60367 (5th Cir. Apr. 11, 2022)
- unable or unwilling to protect; sexual assault; extortion; MS-13; Honduras
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
"Modern immigration software & case management"
Want to become a patron?
- Click here to check out our Patreon Page!
CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
- Learn about your host!
- More episodes!
- Case notes!
- Top 15 immigration podcast in the U.S.!
DISCLAIMER:
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.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
Support the show (https://www.patreon.com/immigrationreview)
Boch-Saban v. Garland, No. 20-60540 (5th Cir. Apr. 8, 2022)
- equitable tolling; motion to reopen; appeal to BIA; self-certification; Matter of Liadov
Arreguin v. Garland, No. 20-2431 (8th Cir. Apr. 4, 2022)
- asylum; vigilante group; disappearance; corroboration; immediate family; nuclear family; nexus; C-T-L-;opportunity to explain; motion to reopen; Mexico
Camacho-Valdez v. Garland, No. 21-3112 (7th Cir. Apr. 6, 2022)
- sanctions; fines; attorney misconduct; docketing fee; in forma pauperis
Hernandez-Serrano v. Garland, No. 20-3175 (6th Cir. Apr. 7, 2022)
- administrative closure; en banc; vacatur; motion to vacation; mediation
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Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
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"Modern immigration software & case management"
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- Top 15 immigration podcast in the U.S.!
DISCLAIMER:
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.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
Support the show (https://www.patreon.com/immigrationreview)
Gonzalez Aguilar v. Garland, No. 18-9570 (10th Cir. Mar. 29, 2022)
- asylum; transgender woman; transgender adults; pattern or practice of persecution; Department of State country condition report; corruption; law enforcement efforts; unable or unwilling; corruption; Honduras
Matter of S. Wong, 28 I&N Dec. 518 (BIA 2022)
- definition of conviction under INA § 101(a)(48)(A); constitutional floor; disorderly persons offense of theft by deception in violation of N.J. Stat. § 2C:20-4(a); CIMT; fraud; forgery in the second degree in violation of N.Y. Pen. L. § 170.10
Jama v. Garland, No. 21-1585 (8th Cir. Mar. 30, 2022)
- CAT; Awrtable tribe; pidgin Somali; Somali Christian; mental illness; Somalia
Paredes Gonzales v. Garland, No. 20-2964 (8th Cir. Apr. 1, 2022)
- CAT; Interpol Red Notice; business disputes; prison conditions and torture; Bolivia
Kakar v. USCIS, No. 20-1512 (2d Cir. Mar. 28, 2022)
- INA § 212(a)(3)(B)(iii)(V); asylum; terrorism; APA; weapons bar; material support bar; duress exception; Chenery; estoppel; res judicata; Taliban; Afghanistan
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Kurzban Kurzban Tetzeli and Pratt P.A.
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- Learn about your host!
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- Top 15 immigration podcast in the U.S.!
DISCLAIMER:
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.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
Support the show (https://www.patreon.com/immigrationreview)
Betty's Bio:Elizabeth “Betty” Stevens is of counsel at Poarch Thompson Law. Ms. Stevens received her J.D. magna cum laude from George Mason School of Law, and a B.S. in the Arabic Languages from Georgetown University. Ms. Stevens is an active member of the Federal Bar Association and is a past Chair of the FBA’s Immigration Law Section. In that capacity, she assisted in drafting and refining the FBA’s Article I immigration court proposal.
From 2008 to December 2016, Ms. Stevens served as an Assistant Director with the Office of Immigration Litigation’s (OIL) District Court Section. Before her promotion to Assistant Director, Ms. Stevens worked on all phases of litigation in the U.S. Courts, including the defense of petitions for review in the courts of appeals, class action defense, and individual cases in litigation. Before she joined OIL in 2005, Ms. Stevens served as a law clerk for the U.S. District Court in Alexandria, Arlington Immigration Court, and the Board of Immigration Appeals. She has also worked in the U.S. Embassy consular sections in Greece and Ethiopia, the U.S. Passport Office, and several private immigration law firms.
Betty's email:bstevens4115@gmail.com
Links!
- Learn all about Betty and Poach Thompson Law
- Transcript of Betty's testimony before Congress
- Immigration Law Section of the Federal Bar Association
- FBA Immigration Law Section Article 1 initiative
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Kurzban Kurzban Tetzeli and Pratt P.A.
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DISCLAIMER:
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.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
Support the show (https://www.patreon.com/immigrationreview)
Ep. 100 thank yous, and TPS update!
Said v. U.S. Att'y Gen., No. 21-12917 (11th Cir. Mar. 24, 2022)
- possession of marijuana in violation of Fla. Stat. § 893.13(6)(a); Matter of Guaderrama; realistic probability test; relevant divisibility; modified categorical approach; Ramos; Moncrieffe
Tazu v. Att’y Gen. U.S., et al., 975 F.3d 292 (3d Cir. 2020)
- waivers; jurisdiction; habeas; INA § 242(g); INA § 242(b)(9); detention; challenging execution of removal order
Julmice v. Garland, No. 21-1177 (4th Cir. Mar. 23, 2022)
- INA § 237(a)(1)(H) waiver; deceased qualifying relative; statutory interpretation; Chevron deference; present tense; Matter of Federiso
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
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"Modern immigration software & case management"
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DISCLAIMER:
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.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
Support the show (https://www.patreon.com/immigrationreview)
Matter of C. Morgan, 28 I&N Dec. 508 (BIA 2022)
- attempt to commit larceny, Conn. Gen. Stat. §§ 53a-124, 53a-49; INA § 101(a)(43)(U)aggravated felony; theft offense as defined at INA § 101(a)(43)(G); divisibility; means; fraud and theft; trickery; knowing consent; Reyes
Lauture v. U.S. Att’y Gen., No. 19-13165 (11th Cir. Mar. 17, 2022)
- CIMT; INA § 237(a)(2)(A)(i); burglary of an unoccupied dwelling; Fla. Stat. § 810.02(3)(b); divisibility; aggravated felony theft and crime of violence; Mathis peak; realistic probability test; occupied dwelling
Cupete v. Garland, No. 20-3441 (2d Cir. Mar. 16, 2022)
- CIMT; impair government function; 18 U.S.C. § 1001; Matter of Pinzon; deficient NTA; jurisdiction
Garcia v. Garland, No. 19-60793 (5th Cir. Mar. 14, 2022)
- changed country condition motion to reopen; deficient NTA; LGBT; HIV positive; Mexico
Hernandez Garmendia v. Att'y Gen. U.S., No. 203211 (3d Cir. Mar. 16, 2022)
- asylum; CAT; due process; exhaustion; mental competency; indicia of incompetency; Matter of M-A-M-; El Salvador
Hernandez v. Garland, No. 20-3575 (8th Cir. Mar. 18, 2022)
- good moral character; non-LPR cancellation of removal; sufficiency of BIA decision; alcohol
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Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
"Modern immigration software & case management"
Want to become a patron?
- Click here to check out our Patreon Page!
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- Learn about your host!
- More episodes!
- Case notes!
- Top 15 immigration podcast in the U.S.!
DISCLAIMER:
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.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
Support the show (https://www.patreon.com/immigrationreview)
Into + Wooden v. U.S., No. 20-5279 (U.S. Mar. 7, 2022)
- Armed Career Criminal Act (ACCA); different occasions; single scheme of criminal misconduct; INA § 237(a)(2)(A)(ii); CIMT
Oluwajana v. Garland, No. 21-1804 (7th Cir. Mar. 9, 2022)
- due process; motion to extend briefing deadline; motion to accept untimely brief; abuse of discretion; general remand by OIL; EOIR FOIA
Matter of M-M-A-, 28 I&N Dec. 494 (BIA 2022)
- frivolous asylum finding; sufficiency of IJ factual findings; regulations as a whole; regulatory interpretation; discretion
Valdez Amador v. Garland, No. 13-71406 (9th Cir. Mar. 9, 2022)
- INA § 237(a)(2)(E)(i) crime of domestic violence; corporal injury on a spouse or cohabitant; Cal. Pen. Code § 273.5(a); rape of an unconscious person; Cal. Pen. Code § 261(a)(4); divisibility; Mathis; INA § 101(a)(43)(A)
Fakhuri v. Garland, No. 19-60275 (5th Cir. Mar. 11, 2022)
- categorical approach; divisibility; elements; different criminal punishments; aggravated felony; attempt; money laundering; INA § 101(a)(43)(U); § 101(a)(43)(D); Tenn. Code § 39-14-101; Tenn. Code § 39-14-903
Iyawe v. Garland, et al., No. 20-3088 (8th Cir. Mar. 11, 2022)
- I-130 petition; INA § 204(c); APA; arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; deference to prior USCIS decision
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Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
"Modern immigration software & case management"
Want to become a patron?
- Click here to check out our Patreon Page!
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- Learn about your host!
- More episodes!
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- Top 15 immigration podcast in the U.S.!
- As referenced in findcourses.com and findcourses.co.uk!
DISCLAIMER:
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.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
Support the show (https://www.patreon.com/immigrationreview)
Intro + Duarte et al. v. Mayorkas, No. 18-20784 (5th Cir. Mar. 3, 2022)
- advance parole; admitted; TPS; arriving alien
Arreaga Bravo v. Att’y Gen. U.S., No. 20-3300 (3rd Cir. Mar. 2, 2022)
- clear error review; IJ fact finding; rape; CAT; Guatemala
Rivera Menjivar v. Garland, No. 21-1624 (8th Cir. Mar. 3, 2022)
- asylum; due process; similarly situated family members; evangelical Christian; gangs; El Salvador
Salcido Mar v. Garland, No. 20-3426 (8th Cir. Feb. 28, 2022)
- sua sponte motion to reopen; jurisdiction
Silva v. Garland, No. 20-1593 (1st Cir. Feb. 28, 2022)
- INA § 101(a)(43)(S); Mass. Gen. Laws ch. 274, § 4; law relating to obstruction of justice; statutory interpretation; Valenzuela Gallardo
Martinez-Guevara v. Garland, No. 20-60624 (5th Cir. Mar. 3, 2022)
- exhaustion; reconsider; changed country conditions motions to reopen; in absentia
Raymundo Morales v. Garland, No. 20-60919 (5th Cir. Mar. 4, 2022)
- non-LPR cancellation of removal; family separation; hardship
Gregorio-Osorio v. Garland, No. 20-60478 (5th Cir. Mar. 4, 2022)
- deficient NTA; post-conclusion voluntary departure; Posos-Sanchez; M-F-O-
Toledo-Vasquez v. Garland, No. 20-1849 (4th Cir. Mar. 2, 2022)
- nexus; family-based particular social group; asylum; persecution by group member; Mexico
Garcia Hernandez v. Garland, No. 20-1678 (4th Cir. Mar. 2, 2022)
- changed country condition vs. regular motion to reopen; extending one-year filing deadline after asylum application filed
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
"Modern immigration software & case management"
Want to become a patron?
- Click here to check out our Patreon Page!
CONTACT INFORMATION
Email: kgregg@kktplaw.com
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- Learn about your host!
- More episodes!
- Case notes!
- Top 15 immigration podcast in the U.S.!
DISCLAIMER:
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.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0
Support the show (https://www.patreon.com/immigrationreview)
Zarate v. U.S. Att’y Gen., No. 20-11654 (11th Cir. Feb. 18, 2022)
- CIMT; falsely representing a social security number; 42 U.S.C. § 408(a)(7)(B); fraud or deceit; crimes against the government; least culpable conduct; false statement; intent to deceive; Pereida; burdens
Matter of T-C-A-, 28 I&N Dec. 472 (BIA 2022)
- INA § 209(b); asylee and refugee adjustment of status; “granted”; definition of “status”; statutory interpretation; particularly serious crime; financial crime; CAT; Albania
Adeyanju v. Garland, No. 21-1045 (1st Cir. Feb. 24, 2022)
- factual vs. discretionary; BIA review; Arai; H-L-H- & Z-Y-Z-; reweighing evidence; I-751; visa fraud; police reports; clear error; dead fish
Lopez-Perez v. Garland, No. 21-1057 (1st Cir. Feb. 22, 2022)
- asylum; one year filing deadline; factual vs. legal challenge; wealthy merchants; Mam; Guatemala
B.R. v. Garland, No. 19-70386 (9th Cir. Feb. 23, 2022)
- termination; regulatory violations; due process; service of NTA on minor; egregious constitutional violation; evidence of alienage; CAT; drug cartels; Mexico
Gallegos v. Garland, No. 20-3036 (8th Cir. Feb. 22, 2022)
- in absentia motion to reopen; exceptional circumstances; depression; anxiety; exhaustion of impermissible fact finding
Khaytekov v. Garland, No. 19-3149 (6th Cir. Feb. 25, 2022)
- frivolous asylum filing; warning; lodged not filed; statutory interpretation; definition of “under”
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
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DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http
Support the show (https://www.patreon.com/immigrationreview)
Mejia-Velasquez v. Garland, No. 20-1192 (4th Cir. Feb. 15, 2022)
- biometrics notice; Matter of D-M-C-P-; definition of notice; Kisor deference; regulatory interpretation; preamble; due process; foreign language interpretation
Ortiz Narez v. Garland, Nos. 19-72039, 20-71416 (9th Cir. Feb. 16, 2022)
- CIMT; CA voluntary manslaughter; categorical approach; scienter; recklessness
Ferreiras v. Garland, No. 19-4111 (2d Cir. Feb. 17, 2022)
- CIMT, NY petit larceny, certification; categorical approach; Diaz-Lizarraga; permanent deprivation; substantial erosion of property rights
Xu v. Garland, No. 19-1044 (1st Cir. Feb. 18, 2022)
- Final Administrative Removal Order (“FARO”); expedited removal; MA “keeping a house of ill fame”; MA money laundering; prostitution aggravated felony; jurisdiction; China; CAT deferral; 8 C.F.R. § 103.5(a)(5)(i); favorable circumstances
Gomez-Abrego v. Garland, No. 20-2175 (1st Cir. Feb. 16, 2022)
- Asylum; withholding; CAT; El Salvador; particular social group; nexus; gangs; police; exhaustion; ultra vires
Deng Chol v. Garland, No. 20-3268 (8th Cir. Feb. 16, 2022)
- CAT; South Sudan; Uganda; conscription; tribal definition; pro se; due process; prejudice; exhaustion
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
www.kktplaw.com/
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
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DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.
Support the show (https://www.patreon.com/immigrationreview)
USA v. Rodriguez-Flores, No. 21-40277 (5th Cir. Feb. 11, 2022)
- sexual assault of an adult under Tex. Pen. Code § 22.011(a)(1), (b); aggravated felony crime of violence; means/elements; divisibility
Ixcuna-Garcia v. Garland, No. 17-1867 (1st Cir. Feb. 8, 2022)
- adverse credibility; corroborating evidence; notice and opportunity to explain; Ren; L-A-C-; one-year asylum deadline; Ladino men; Mayan women; Guatemala
Thomas v. Garland, No. 20-2144 (1st Cir. Feb. 8, 2022)
- adjustment of status; discretion; police reports; drug arrest; fundamental fairness
Hesso v. Garland, No. 20-3737 (8th Cir. Feb. 9, 2022)
- in absentia motion to reopen; sufficiency of evidence; presumption of delivery
Iredia v. Att’y Gen. U.S., No. 21-1379 (3d Cir. Feb. 11, 2022)
- arriving alien; advance parole; applicant for admission; INA § 212(a)(7)(A)(i)(I); TPS; Ortiz-Bouchet
Ruiz-Colmenares v. Garland, No. 20-72672 (9th Cir. Feb. 9, 2022)
- CAT deferral; fear of robbery and kidnapping; credibility; deficient Notice of Referral to IJ; Mexico
Tzompantzi-Salazar v. Garland, No. 20-71514 (9th Cir. Feb. 9, 2022)
- CAT protection; fear of robbery and kidnapping; credibility; deficient Notice of Referral; relocation; burdens; Mexico
Ojo v. Garland, No. 19-3237 (2d Cir. Feb. 9, 2022)
- asylum; one-year deadline; extraordinary vs. changed circumstances; discretion; particularly serious crime; crimes against persons; conspiracy to commit wire fraud and use identification documents unlawfully Dai; pro se exhaustion; expert report; criminal deportees; prison conditions; Nigeria
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
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Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
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"Modern immigration software & case management"
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DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.
Support the show (https://www.patreon.com/immigrationreview)
Interview with Laura Kelley (the Joyful Attorney), South Florida-based Immigration Attorney and Professional Certified Mindset Coach
- Learn more about Laura and schedule a counseling session, here!
- And here!
- Check out Laura's podcast, here!
- Need someone to talk to? - 1-800-273-8255
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
www.kktplaw.com/
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
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"Modern immigration software & case management"
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- Click here to learn about your host!
- Click me for more episodes!
- Featured in the top 15 of Immigration Podcast in the U.S.!
DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.
Support the show (https://www.patreon.com/immigrationreview)
[2:13] Tomas-Ramos v. Garland, No. 20-1201 (4th Cir. Feb. 2, 2022)
- reasonable fear review; standard of review; facially legitimate and bona fide reason; family-based particular social group; relocation; gangs; Guatemala
[11:00] He v. Garland, No. 20-1328 (8th Cir. Feb. 4, 2022)
- asylum; past persecution; well-founded fear of persecution; house church; inability to practice religion; Christian; China
[14:32] Singh v. Garland, No. 20-70050 (9th Cir. Feb. 4, 2022)
- in absentia motion to reopen; deficient NTA; statutory interpretation; Rodriguez; Laparra
[19:14] Matter of F-R-A-, 28 I&N Dec. 460 (BIA 2022)
- circumstance specific approach; amount of loss; INA § 101(a)(43)(M)(i); restitution; forfeiture under 18 U.S.C. § 981(a)(1)(C); conspiracy; victim identity; reliability of evidence; INA § 101(a)(43)(U); particularly serious crime; Ghana
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
www.kktplaw.com/
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
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"Modern immigration software & case management"
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MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.
Support the show (https://www.patreon.com/immigrationreview)
[2:17] Osmani v. Garland, No. 20-3318 (7th Cir. Jan. 24, 2022)
- jurisdiction; discretion; refugee waiver; INA 209(c); burdens; discretionary relief; motion to remand; impermissible fact finding
[8:30] Dai v. Garland, No. 21-1315 (7th Cir. Jan. 24, 2022)
- adverse credibility; dates; inconsistencies; house church; Christianity; China
[12:18] Matter of Koat, 28 I&N Dec. 450 (BIA 2022)
- aggravated felony theft offense; INA § 101(a)(43)(G); Iowa Code § 714.1; divisibility; Matter of Reyes; state legislative history; elements vs. means; disregarding state case law
[20:31] Urrutia Robles v. Garland, No. 20-1504 (8th Cir. Jan. 26, 2022)
- motion to reopen; equitable tolling; cumulative evidence
[24:31] Chamu v. U.S. Att'y Gen., No. 19-13908 (11th Cir. Jan. 26, 2022)
- law relating to a controlled substance; cocaine isomers; realistic probability test; Ramos; textual differences; mens rea and categorical approach
*Sponsors and friends of the podcast!
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*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured in the top 15 of Immigration Podcast in the U.S.! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.
Support the show (https://www.patreon.com/immigrationreview)
[1:48, 32:54] Ode to the Loaf
[2:08] Da Graca v. Garland, No. 20-1607 (1st Cir. Jan. 18, 2022)
- Rhode Island Gen. L. § 31-9-1; INA § 101(a)(43)(G); aggravated felony theft offense; joyriding; realistic probability test; state statutory framework as a whole
[9:27] Matter of Laguerre, 28 I&N Dec. 437 (BIA 2022)
- law relating to a controlled substance; INA § 237(a)(2)(B)(i); divisibility; N.J. Stat. § 2C:35-10(a)(1); elements vs. means; double jeopardy; Mathis peak; disregarding state case law
[17:19] Matter of Laparra, 28 I&N Dec. 425 (BIA 2022)
- deficient NTA; in absentia motions to reopen; statutory interpretation; use of the word “the”; Niz-Chavez
[21:26] USA v. Gomez Gomez, No. 17-20526 (5th Cir. Jan. 18, 2022)
- aggravated assault in violation of Tex. Pen. Code § 22.01(a)(1); Borden; aggravated felony crime of violence; 18 U.S.C. § 16(a); recklessness
[23:01] Diaz Esparza v. Garland, No. 19-60699 (5th Cir. Jan. 17, 2022)
- CIMT; res judicata; recklessness; deadly conduct in violation of Tex. Pen. Code § 22.05(a); evading arrest with a motor vehicle in violation of Tex. Pen. Code § 38.04; admission and adjustment of status
*Sponsors and friends of the podcast!
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*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured in the top 15 of Immigration Podcast in the U.S.! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.
Support the show (https://www.patreon.com/immigrationreview)
Happy MLK day!
[2:57] Takwi v. Garland, No. 20-9595 (10th Cir. Jan. 10, 2022)
- explicit adverse credibility determination; rebuttable presumption; clean credibility; Matter of M-A-M- safeguards; Southern Cameroon National Council (SCNC)
[8:38] Diaz Ortiz v. Garland, No. 19-1620 (1st Cir. Jan. 10, 2022) (en banc)
- asylum; evangelical Christians; adverse credibility; Gang Assessment Database; field interrogation observations; Boston police; inconsistencies; burdens; El Salvador; MS-13
[17:10] Peulic v. Garland, No. 20-1587 (1st Cir. Jan. 11, 2022)
- refugee adjustment of status; INA § 209(c) waiver; Matter of Jean; void for vagueness; assault with a dangerous weapon, Mass. Gen. Laws ch. 265, § 15B(b); asylum; Bosnia-Herzegovina
[22:14] Bonilla v. Garland, No. 19-1165 (1st Cir. Jan 12, 2022)
- Record of Sworn Statement; reliability of government evidence; fundamental fairness; border interview; adverse credibility
[27:14] Santos-Zacaria v. Garland, No. 19-60355 (5th Cir. Jan. 11, 2022)
- reasonable relocation; exhaustion; motion to reconsider; transgender; homosexuality; Guatemala
[31:36] Guzman-Torralva v. Garland, No. 21-3360 (6th Cir. Jan. 13, 2022)
- ineffective assistance of counsel motion to reopen; Lozada; bar complaint
[35:15] Jimenez-Sandoval v. Garland, No. 19-73193 (9th Cir. Jan. 13, 2022)
- in absentia motion to reopen; notice to minors; Flores-Chavez v. Ashcroft
[38:36] Togonon v. Garland, No. 19-71693 (9th Cir. Jan. 10, 2022)
- INA § 101(a)(43)(E)(i); arson in violation of Cal. Pen. Code § 451(b); maliciously; mens rea; 18 U.S.C. § 844(i)
*Sponsors and friends of the podcast!
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Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
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DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.
Support the show (https://www.patreon.com/immigrationreview)
[2:44] Cabrera v. Garland, No. 20-1943 (4th Cir. Jan. 6, 2022)
- continuance; U-visa; good cause standard; reputable presumption where collateral relief is prima facie approvable
[9:58] Herrera-Martinez v. Garland, No. 20-1423 (4th Cir. Jan. 5, 2022)
- particular social group; prosecution witness; particularity; limiting language; fear of drug traffickers; credibility; Honduras
[16:32] Aviles-Tavera v. Garland, No. 20-60587 (5th Cir. Jan. 4, 2022)
- particularly serious crime; Texas Assault - Family Violence; res judicata; issue preclusion; change in law; USA v. Fuentes-Rodriguez; crime of violence under § 16(a); motion to reopen
[24:02] Mutua v. U.S. Att’y Gen., No. 20-13129 (11th Cir. Jan. 5, 2022)
- adjustment of status; discretion; standard of review; arrest but no conviction; administrative notice
*Sponsors and friends of the podcast!
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*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured in the top 15 of Immigration Podcast in the U.S.! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.
Support the show (https://www.patreon.com/immigrationreview)
[2:17] Brito v. Garland, No. 20-1037 (1st Cir. Dec. 28, 2021)
- bond; class-wide injunction; burdens; standing; INA § 242(f); INA § 236(a)
[5:31] Bogle v. Garland, No. 19-72290 (9th Cir. Dec. 29, 2021)
- “personal use” exception under INA § 237(a)(2)(B)(i); conviction under INA § 101(a)(48); circumstance specific approach; police report; Pereida v. Wilkinson
*Sponsors and friends of the podcast!
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Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
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"Modern immigration software & case management"
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*CONTACT INFORMATION
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Instagram: @immigrationreview
Twitter: @immreview
*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured in the top 15 of Immigration Podcast in the U.S.! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.
Support the show (https://www.patreon.com/immigrationreview)
[2:13] Nsimba v. Att’y Gen. U.S., No. 20-3565 (3d Cir. Dec. 22, 2021)
- pattern or practice of persecution; well-founded fear; similarly situated family members; Union for Democracy and Social Progress; summons vs. arrest warrant; corruption & persecution; difficulty obtaining evidence; physical harm not required; reasonable relocation; Congo
[9:13] Yasin v. Att'y Gen. U.S., No. 20-2509 (3d Cir. Dec. 20, 2021)
- VAWA motion to reopen; INA § 240(c)(7)(C)(iv)(III); discretion; INA § 242(a)(2)(B)(ii)
[14:03] Ramirez-Medina v. Garland, No. 16-73325 (9th Cir. Dec. 22, 2021)
- non-LPR cancellation of removal; INA § 240A(b)(1)(C); multiple offenses; statutory interpretation; use of the singular; Dictionary Act; Pereida
[17:49] Argueta Romero v. DHS, No. 20-12487 (11th Cir. Dec. 20, 2021)
- jurisdiction; “in custody”; habeas; INA § 242(a)(5); INA § 101(g); self-removal; statutory interpretation & lenity; Chevron deference; 8 U.S.C. § 1326; definition of deportation
[29:39] Rodriguez-Jimenez v. Garland, No. 21-70064 (9th Cir. Dec. 21, 2021)
- due process; remand; prejudice; reviewing BIA decisions
[33:08] Walcott v. Garland, No. 18-70393 (9th Cir. Dec. 22, 2021)
- CIMT; small amount of marijuana; least culpable conduct; drug trafficking; evolving definition of CIMT; societal norms; deference to CIMT definition; divisibility
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
www.kktplaw.com/
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
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"Modern immigration software & case management"
*Want to become a patron of Immigration Review?
Check out our Patreon page at https://www.patreon.com/immigrationreview
*CONTACT INFORMATION
Email: kgregg@kktplaw.com
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Twitter: @immreview
*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured in the top 15 of Immigration Podcast in the U.S.! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.
Support the show (https://www.patreon.com/immigrationreview)
[2:22] Juras v. Garland, No. 19-3001 (2d Cir. Dec. 17, 2021)
- inadmissibility; withdrawal of application for admission; abandonment of LPR status; motion to reopen and underlying relief; jurisdiction
[9:15] Garcia-Ortiz v. Garland, No. 20-3446 (8th Cir. Dec. 17, 2021)
- non-LPR cancellation of removal; INA § 240A(b); exceptional and extremely unusual hardship; suicide attempts; future hardship; Figueroa
- https://www.immigrantslist.org/
[13:45] Singh v. Garland, No. 19-60937 (5th Cir. Dec. 17, 2021)
- due process; adverse credibility; IJ bias; extra-record evidence; Matter of R-K-K-; political opinion; persecution; Mann Party; BJP; India
[19:32] Bonnet v. Garland, No. 19-2175 (1st Cir. Dec. 13, 2021)
- CAT protection; criminal deportees; drug offenses; discounting expert testimony; Haiti
[24:05] Tomczyk v. Garland, No. 16-72926 (9th Cir. Dec. 14, 2021) (en banc)
- reinstatement; INA § 241(a)(5); illegal reentry; definition of illegal; entry; procedurally proper admission; waive through; statutory analysis; estoppel; retroactive reinstatement
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
www.kktplaw.com/
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
www.docketwise.com/immigration-review
"Modern immigration software & case management"
*Want to become a patron of Immigration Review?
Check out our Patreon page at https://www.patreon.com/immigrationreview
*CONTACT INFORMATION
Email: kgregg@kktplaw.com
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*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured in the top 15 of Immigration Podcast in the U.S.! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.
Support the show (https://www.patreon.com/immigrationreview)
[1:48] Patel and G-G-S-
- Patel Oral Argument: Click me!
- Transcript
[3:04] Ibrahim v. Garland, No. 20-60936 (5th Cir. Dec. 6, 2021)
- Louisiana Rev. Stat. § 14:81; indecent behavior with juveniles; aggravated felony; separate and apart bond proceedings; issue exhaustion; harmless error; administrative notice; law of the case doctrine
[10:52] Chavez-Chilel v. Att'y Gen. U.S., No. 21-1180 (3d Cir. Dec. 9, 2021)
- gender-based asylum; particularity; deficient NTA; Niz-Chavez; termination; equity; Guatemala
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
www.kktplaw.com/
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
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"Modern immigration software & case management"
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*CONTACT INFORMATION
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Twitter: @immreview
*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured in the top 15 of Immigration Podcast in the U.S.! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.
Support the show (https://www.patreon.com/immigrationreview)
[2:17] Zometa-Orellana v. Garland, No. 21-0271 (6th Cir. Nov. 29, 2021)
- gender/domestic violence based asylum; Matter of A-B-; A-R-C-G-; sufficiency of BIA analysis; unable or unwilling to protect; reasonable relocation; El Salvador
[7:52] Pugin v. Garland, No. 20-1363 (4th Cir. Nov. 30, 2021)
- aggravated felony; INA § 101(a)(43)(S); obstruction of justice; Chevron deference of criminal statute; ambiguity; Matter of Valenzuela Gallardo II; “relating to”; specific intent
[16:53] Kumar v. Garland, No. 17-73412 (9th Cir. Nov. 30, 2021)
- adverse credibility; omissions; inconsistencies; recitation demeanor; injury speculation; totality of circumstances; Alam; asylum; BSP; India
[23:23] Villegas-Castro v. Garland, No. 20-9593 (10th Cir. Dec. 2, 2021)
- IJ authority on BIA remand; amendment to asylum application; limiting language; sexual battery; particularly serious crime
[28:42] Tarango-Delgado v. Garland, No. 19-9615 (10th Cir. Dec. 2, 2021)
- reinstatement; Padilla; motion to reopen; gross miscarriage of justice; nunc pro tunc; unclean hands; right to file motion to reopen
[35:56] Spagnol-Bastos v. Garland, No. 20-60139 (5th Cir. Dec. 3, 2021)
- deficient NTA; in absentia motion to reopen; no-notice; updating address; Rodriguez v. Garland; Pereira and Niz-Chavez
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
www.kktplaw.com/
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
www.docketwise.com/immigration-review
"Modern immigration software & case management"
*Want to become a patron of Immigration Review?
Check out our Patreon page at https://www.patreon.com/immigrationreview
*CONTACT INFORMATION
Email: kgregg@kktplaw.com
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Twitter: @immreview
*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured in the top 15 of Immigration Podcast in the U.S.! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.
Support the show (https://www.patreon.com/immigrationreview)
[01:47] Introduction
[03:00] Interview with Jed Kurzban
[10:17] Depositions and strategy
[21:49] Direct testimony and cross-examination
[36:04] How Justice is Served, by Jed Kurzban
[39:27] Experts
[43:02] Managing partner duties and closing remarks
Click here to order How Justice is Served, by Jed Kurzban!
Click here to learn more about Jed!
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
www.kktplaw.com/
Immigration, serious injury, and business lawyers serving clients in Florida, San Diego, and all over the world for over 40 years.
Docketwise
www.docketwise.com/immigration-review
"Modern immigration software & case management"
*Want to become a patron of Immigration Review?
Check out our Patreon page at https://www.patreon.com/immigrationreview
*CONTACT INFORMATION
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*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured in the top 15 of Immigration Podcast in the U.S.! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.0
Support the show (https://www.patreon.com/immigrationreview)
[2:11] Nababan v. Garland, No. 18-72548 (9th Cir. Nov. 23, 2021)
- changed country condition motion to reopen; evangelical Christians; Seventh Day Adventist; proselytizing; disfavored group; Indonesia
[6:48] Jiang v. Garland, No. 19-1911 (2d Cir. Nov. 24, 2021)
- Order to Show Cause; non-LPR cancellation of removal; motion to reopen; stop time rule; Niz-Chavez; Pereira
[12:05] Mbonga v. Garland, No. 21-0269 (6th Cir. Nov. 22, 2021)
- asylum; fundamental change in country conditions; burdens; change in political parties; Amnesty International and Human Rights Watch; State Department reports; the Union for Democracy and Social Progress; Congo
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
www.kktplaw.com/
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
www.docketwise.com/immigration-review
"Modern immigration software & case management"
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Check out our Patreon page at https://www.patreon.com/immigrationreview
*CONTACT INFORMATION
Email: kgregg@kktplaw.com
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*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured in the top 15 of Immigration Podcast in the U.S.! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.
Support the show (https://www.patreon.com/immigrationreview)
[2:06] Jathursan v. U.S. Att’y Gen., No. 20-10003 (11th Cir. Nov. 17, 2021)
- asylum; failed asylum seeker; pattern or practice of persecution; failure to give reasoned consideration; issue exhaustion; CAT; Elam People’s Democratic Party (EPDP); Sri Lanka
[8:30] Matter of A. Valenzuela, 28 I&N Dec. 418 (BIA 2021)
- aggravated felony crime of violence; INA § 101(a)(43)(F); violent force; 18 U.S.C. § 16(a); violence against property; carjacking in violation of Cal. Pen. Code § 215(a)
[16:02] De Carvalho v. Garland, No. 20-1711 (1st Cir. Nov. 17, 2021)
- possession of oxycodone with intent to distribute in violation of Mass. Gen. Laws Ch. 94C § 32A(a); particularly serious crime; Matter of Y-L-; presumptions; CAT; police officers; Matter of R-A-F- and de novo review; Cape Verde
[24:02] Maradia v. Garland, No. 20-60714 (5th Cir. Nov. 17, 2021)
- Order to Show Cause; in absentia motion to reopen; Niz-Chavez; Pereira
[29:03] Goulart v. Garland, No. 19-72007 (9th Cir. Nov. 18, 2021)
- equitable tolling; change in law; motion to reconsider; fiery concurrences and dissents
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
www.kktplaw.com/
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
www.docketwise.com/immigration-review
"Modern immigration software & case management"
*Want to become a patron of Immigration Review?
Check out our Patreon page at https://www.patreon.com/immigrationreview
*CONTACT INFORMATION
Email: kgregg@kktplaw.com
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*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured in the top 15 of Immigration Podcast in the U.S.! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.
Support the show (https://www.patreon.com/immigrationreview)
[2:35] Arulnanthy v. Garland, No. 19-60760 (5th Cir. Nov. 8, 2021)
- CAT; credibility; credible fear interview transcript; interview summary; pattern or practice; ignoring evidence; Sri Lanka
[7:49] Lopez Vazquez v. Garland, No. 18-70329 (9th Cir. Nov. 12, 2021)
- reinstatement; gross miscarriage of justice; valid removal order at time of removal; benzylfentanyl
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
www.kktplaw.com/
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
www.docketwise.com/immigration-review
"Modern immigration software & case management"
*Want to become a patron of Immigration Review?
Check out our Patreon page at https://www.patreon.com/immigrationreview
*CONTACT INFORMATION
Email: kgregg@kktplaw.com
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Instagram: @immigrationreview
Twitter: @immreview
*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured in the top 15 of Immigration Podcast in the U.S.! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.
Support the show (https://www.patreon.com/immigrationreview)
[2:44] Cantor v. Garland, No. 19-73085 (9th Cir. Nov. 3, 2021)
- motion to reopen; non-LPR cancellation of removal; stop-time rule; statutory interpretation
[8:19] Matter of M-F-O-, 28 I&N Dec. 408 (BIA 2021)
- deficient NTA; post-conclusion voluntary departure; INA § 240B(b); Posos-Sanchez; Viera-Garcia and Ordonez-Viera; Mendoza-Hernandez and Capula-Cortes; asylum; withholding nexus standard; indigenous; gang recruitment; Guatemala
[14:14] Usubakunov v. Garland, No. 18-72974 (9th Cir. Nov. 1, 2021)
- continuance; due process; right to counsel; detention conditions; continuances during the holidays; asylum; Kyrgyzstan
[19:56] Gomes v. Garland, No. 20-2106 (1st Cir. Nov. 3, 2021)
- asylum; workers’ rights movements; Red Notice; exhaustion; in absentia conviction; bribes; extortion; Brazil
[24:42] VHV Jewelers, LLC v. Wolf, et al., No. 20-14788 (11th Cir. Nov. 1, 2021)
- L-1A nonimmigrant visa; new office petition; executive; “direct”; manage a manager; APA; weighing evidence
[30:50] Mashilingi v. Garland, No. 20-2169 (1st Cir. Nov. 2, 2021)
- credibility; totality; visa applications; authenticating foreign public documents; asylum; Rwanda
[34:55] Granados v. Garland, No. 20-2028 (4th Cir. Nov. 4, 2021)
- CIMT; eluding in violation of Va. Code § 46.2-817(B); constitutionality; nondelegation doctrine; willful and wanton; mens rea for CIMT; recklessness; meaning of “so as”; affirmative defense
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
www.kktplaw.com/
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
www.docketwise.com/immigration-review
"Modern immigration software & case management"
*Want to become a patron of Immigration Review?
Check out our Patreon page at https://www.patreon.com/immigrationreview
*CONTACT INFORMATION
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*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.
Support the show (https://www.patreon.com/immigrationreview)
[2:46] James v. Garland, No. 20-1666 (1st Cir. Oct. 25, 2021)
- equitable tolling; claims processing rule; pro se appeals; filing deadline; at 8 C.F.R. § 1003.38(b)
[8:47] Valle v. DOS, No. 19-14889 (11th Cir. Oct. 26, 2021)
- doctrine of consular nonreviewability; subject matter jurisdiction; facially legitimate and bona fide for visa denial
[17:31] Jaco v. Garland, No 20-60081 (5th Cir. Oct. 27, 2021)
- A-R-C-G-; anti-circularity; A-B-;domestic violence; non-married women; Chevron deference; social distinction; unable to leave; particular social group; Honduras
[24:10] Pineda-Teruel v. Garland, No. 20-3516 (7th Cir. Oct. 27, 2021)
- withholding of removal; landowners; pro se; Quintero v. Garland; persecutors in U.S.; Honduras
[28:10] Mabuneza v. Garland, No. 20-1799 (7th Cir. Oct. 28, 2021)
- CAT deferral; Democratic Republic of the Congo; Tutsi; recent deportees; detention; Matter of J-R-G-P-; prison conditions; intent to torture; motion to reconsider
[31:42] Arreaga-Bravo v. Att’y Gen. U.S., No. 20-3300 (3d Cir. Oct. 28, 2021)
- CAT; standard of review; clearly erroneous; overturning IJ; mixed question of law and fact; willful blindness; Guatemalan women; Mara 18; Guatemala
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
www.kktplaw.com/
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
www.docketwise.com/immigration-review
"Modern immigration software & case management"
*Want to become a patron of Immigration Review?
Check out our Patreon page at https://www.patreon.com/immigrationreview
*CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: "Immigration Review Podcast" or @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured in the top 15 of Immigration Podcast in the U.S.! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.
Support the show (https://www.patreon.com/immigrationreview)
[2:51] Chavez Gonzalez v. Garland, No. 20-1924 (4th Cir. Oct. 20, 2021)
- termination; Matter of S-O-G- & F-D-B-; IJ inherent authority; Auer/Kisor deference; administrative closure
[9:33] Lopez Troche v. Garland, No. 20-1718 (1st Cir. Oct. 18, 2021)
- adverse credibility standard; attorney inconsistency; reporting to police; withholding and CAT; HIV; LGBTQ; Honduras
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
www.kktplaw.com/
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
www.docketwise.com/immigration-review
"Modern immigration software & case management"
*Want to become a patron of Immigration Review?
Check out our Patreon page at https://www.patreon.com/immigrationreview
*CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: "Immigration Review Podcast" or @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured in the top 15 of Immigration Podcast in the U.S.! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.
Support the show (https://www.patreon.com/immigrationreview)
Click this link to learn more about Bashir!
[01:48] Introduction
[03:18] Interview with Bashir Ghazialam
[51:10] Immigration situation in Afghanistan and how to assist the people of Afghanistan
Links to assist the people of Afghanistan (not affiliated with the podcast or Bashir):
- CAIR San Diego
- Miry's List
- Form I-134, Affidavit of Support
- NPR: The Simple Steps You Can Take Right Now To Help Afghan Refugees
- PBS: How you can help Afghan refugees arriving in the U.S.
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
www.kktplaw.com/
Immigration, serious injury, and business lawyers serving clients in Florida, San Diego, and all over the world for over 40 years.
Docketwise
www.docketwise.com/immigration-review
"Modern immigration software & case management"
*Want to become a patron of Immigration Review?
Check out our Patreon page at https://www.patreon.com/immigrationreview
*CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: "Immigration Review Podcast" or @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured in the top 15 of Immigration Podcast in the U.S.! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.0
Support the show (https://www.patreon.com/immigrationreview)
[2:53] Liang v. Att’y Gen. U.S., No. 20-3353 (3d Cir. Oct. 12, 2021)
- past persecution; totality or cumulative analysis; standard of review; mixed question of law and fact; China; Christian
[7:00] Matter of Kagumbas, 28 I&N Dec. 400 (BIA 2021)
- I-130 petition; bonafide marriage; adequate transcript of hearing; indiscernible
[12:57] Chery, et. al v. Garland, Nos. 18-1036, 19-223 (2d Cir. Oct. 15, 2021)
- Conn. Gen. Stat. § 21a-277(a); controlled substance offense; aggravated felony drug trafficking; categorical approach; different punishments; same punishments; divisibility; state supreme court; Niz-Chavez, deficient NTAs, and jurisdiction; Appendix change of law suggestion
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
www.kktplaw.com/
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
www.docketwise.com/immigration-review
"Modern immigration software & case management"
*Want to become a patron of Immigration Review?
Check out our Patreon page at https://www.patreon.com/immigrationreview
*CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: "Immigration Review Podcast" or @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured in the top 15 of Immigration Podcast in the U.S.! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.
Support the show (https://www.patreon.com/immigrationreview)
[2:22] Hernandez-Hernandez v. Garland, No. 21-3210 (6th Cir. Oct. 4, 2021)
- economic persecution; Guatemala; K’iche
[5:32] Ramos Rafael v. Garland, No. 21-0233 (6th Cir. Oct. 7, 2021)
- waiver of argument; unable or unwilling to protect; NTA deficiencies; Pereira and Niz-Chavez; due process; prejudice
[9:03] Amaya v. Garland, No. 18-70060 (9th Cir. Oct. 7, 2021)
- Valdivia-Flores; first-degree assault under Washington Revised Code § 9A.36; categorical approach; accomplice; aiding and abetting; mens rea; general intent; crime of violence; Borden; MS-13
[19:22] Murry v. Garland, No. 20-3109 (7th Cir. Oct. 7, 2021)
- asylum; past persecution; gay men; anti-sodomy laws; Jamaica; failure to report harm
[22:42] Nyandwi v. Garland, No. 20-3215 (7th Cir. Oct. 8, 2021)
- CAT deferral; cumulative or aggregate risk; holistic approach; statistical analysis; Burundi; Twa
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
www.kktplaw.com/
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
www.docketwise.com/immigration-review
"Modern immigration software & case management"
*Want to become a patron of Immigration Review?
Check out our Patreon page at https://www.patreon.com/immigrationreview
*CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: "Immigration Review Podcast" or @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured in the top 15 of Immigration Podcast in the U.S.! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.
Support the show (https://www.patreon.com/immigrationreview)
[2:34] Rodriguez v. Garland, No. 20-60008 (5th Cir. Sept. 27, 2021)
- in absentia motion to reopen; deficient NTA; Niz Chavez; INA § 239(a)
[9:43] Nolasco-Amaya v. Garland, No. 20-70187 (9th Cir. Sept. 28, 2021)
- due process; pro se appeals; notice of appeal; putting BIA on notice; summary dismissal
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
www.kktplaw.com/
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
www.docketwise.com/immigration-review
"Modern immigration software & case management"
*Want to become a patron of Immigration Review?
Check out our Patreon page at https://www.patreon.com/immigrationreview
*CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: "Immigration Review Podcast" or @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured in the top 15 of Immigration Podcast in the U.S.! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.
Support the show (https://www.patreon.com/immigrationreview)
[2:49] Ghanem v. Att’y Gen. U.S., No. 19-1475 (3d Cir. Sept. 22, 2021)
- asylum; political opinion; nexus; mixed-motive; tribal; ignoring evidence; corroboration; reasonable explanation; CAT; Matter of J-F-F-; hypotheticals; Houthi; Yemen
[9:09] Abushagif v. Garland, No. 19-60807 (5th Cir. Sept. 24, 2021)
- motion to reopen; changed country conditions; affidavits; inherently believable; burdens; asylum; CAT; Libya
[14:01] Matter of Arambula-Bravo, 28 I&N Dec. 388 (BIA 2021)
- NTA; jurisdiction; Niz-Chavez; Pereira; parole termination; charging document; 8 C.F.R. § 212.5(e)(2)(i); 8 C.F.R. § 1003.13; INA § 274(A)(1)(a)(ii); aggravated felony; INA § 101(a)(43)(N); alien smuggling
[20:10] Tino v. Garland, No. 20-3508 (8th Cir. Sept. 20, 2021)
- Pereira; Niz-Chavez; jurisdiction; NTA; asylum; Guatemala; gangs
[22:29] Berdiev v. Garland, No. 20-9542 (10th Cir. Sept. 21, 2021)
- sua sponte motion to reopen; equitable tolling; ineffective assistance of counsel; due diligence; Matter of Zmijewska; ten-year bar for failure to voluntarily depart; Chenery
[29:55] Alfred v. Garland, No. 19-72903 (9th Cir. Sept. 22, 2021)
- Valdivia-Flores; Washington robbery; categorical approach; accomplice; aiding and abetting
[36:27] Li v. Garland, No. 18-70943 (9th Cir. Sept. 21, 2021)
- adverse credibility; omissions; inconsistencies; Iman v. Barr; totality; respondent confusion and sloppy testimony; misuse of pronouns; China; house church; misrepresentation in application
[41:02] Cui v. Garland, No. 18-72030 (9th Cir. Sept. 23, 2021)
- motion to reopen; in absentia; exceptional circumstances; appeal of in absentia removal order; immigration court mistakes; Matter of Guzman-Arguera
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
www.kktplaw.com/
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
www.docketwise.com/immigration-review
"Modern immigration software & case management"
*Want to become a patron of Immigration Review?
Check out our Patreon page at https://www.patreon.com/immigrationreview
*CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: "Immigration Review Podcast" or @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.
Support the show (https://www.patreon.com/immigrationreview)
[1:48] Thank you Patrons!
[2:15] Matter of N-V-G-, 28 I&N Dec. 380 (BIA 2021)
- INA § 212(h) waiver; Minn. Stat. § 609.222(1); refugee adjustment of status under INA § 209; admission; lawfully admitted for permanent residence; legislative history; crime of domestic violence; INA § 237(a)(2)(E)(i); crime of violence aggravated felony; INA § 101(a)(43)(F)
[9:01] Alcaraz-Enriquez v. Garland, No. 15-71553 (9th Cir. Sept. 16, 2021)
- fundamental fairness; INA § 240(b)(4)(B); probativeness of evidence; admissibility of evidence; DHS burdens; right to cross examination; hearsay; credibility; Dai; particularly serious crime
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
www.kktplaw.com/
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
www.docketwise.com/immigration-review
"Modern immigration software & case management"
*Want to become a patron of Immigration Review?
Check out our Patreon page at https://www.patreon.com/immigrationreview
*CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: "Immigration Review Podcast" or @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured in the top 15 of Immigration Podcast in the U.S.! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.
Support the show (https://www.patreon.com/immigrationreview)
[2:02] Gayles v. Warden, et al., No. 19-3241 (3d Cir. Sept. 3, 2021)
- mandatory detention; due process; Joseph hearing; burdens; INA § 242(f)(1)
[7:59] Farah v. U.S. Att’y Gen., No. 19-12462 (11th Cir. Sept. 8, 2021)
- prolonged detention; habeas; INA § 241(a); Akinwale; controlled substance; Minn. Stat. §§ 152.025, 609.222; aggravated felony crime of violence; Matter of Jean; refugee adjustment § 209; “reasoned consideration”; withholding & CAT; Somalia
[19:21] Talamantes-Enriquez v. U.S. Att'y Gen., No. 19-15080 (11th Cir. Sept. 9, 2021)
- aggravated felony; crime of violence; physical force; divisibility; charging document; post-conviction relief; ignoring state court judge actions
[26:55] Sasay v. Att’y Gen. U.S., No. 20-1273 (3d Cir. Sept. 10, 2021)
- CIMT; intent to defraud; divisibility; Matter of Serna; 18 U.S.C. § 1028A(a); aiding and abetting
[31:19] Marquez v. Garland, No. 18-3363 (2d Cir. Sept. 7, 2021)
- crime of child abuse, neglect, or abandonment; Matter of Soram; retroactivity; N.Y. Pen. L. § 260.10(1)
[35:55] Diaz-Rodriguez v. Garland, No. 13-73719 (9th Cir. Sept. 10, 2021)
- crime of child abuse, neglect, or abandonment; unitary concept; criminal negligence; Matter of Soram; Cal. Pen. Code § 273a(a); Chevron ; statutory interpretation; deference to panel
[43:41] Benedicto v. Garland, No. 18-73237 (9th Cir. Sept. 9, 2021)
- mental illness; mental health; Matter of M-A-M-; Matter of M‑J-K-; due process; qualified representative; termination; CAT; Dominican Republic
[48:43] Iraheta-Martinez v. Garland, No. 18-72692 (9th Cir. Sept. 7, 2021)
- withholding-only; due process; reinstatement; exhaustion; futility; constitutional claims; statutory interpretation; “notwithstanding clause”; MS-13; LGBTQ; gang opposition; El Salvador
[55:33] Alam v. Garland, No. 19-72744 (9th Cir. Sept. 8, 2021) (en banc)
- credibility; “single factor rule”; totality of the circumstances; lie
[59:03] Etemadi v. Garland, No. 18-72318 (9th Cir. Sept. 9, 2021)
- law-of-the-case; credibility; inconsistencies; falsus in uno, falsus in omnibus; error of fact; document authenticity; CAT; affidavits; Christianity; Iran; waiver/exhaustion; changed conditions; frivolous finding
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
www.kktplaw.com/
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
www.docketwise.com/immigration-review
"Modern immigration software & case management"
DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
[see prior episodes]
Support the show (https://www.patreon.com/immigrationreview)
[2:42] Singh v. Att’y Gen U.S., No. 20-1778 (3d Cir. Aug. 31, 2021)
- aggravated felony; controlled substance offense; “alien” at time of offense; Costello; Rossi;denaturalization; rule of lenity; statutory interpretation; Chevron; ambiguity; reasonable interpretation
[9:59] B.C. v. Att’y Gen. U.S., No. 19-1408 (3d Cir. Sept. 1, 2021)
- credibility; inconsistency; asylum; memorizing testimony; Pidgin English; sue process; right to interpreter; Cameroon
[15:58] Rodriguez-Ramirez v. Garland, No. 19-70506 (9th Cir. Sept. 1, 2021)
- adverse credibility; standard of review; inconsistency; omission
[17:51] Giha v. Garland, No. 15-73085 (9th Cir. Sept. 2, 2021)
- derivative citizenship; burden shifting framework; summary judgment; common law marriage and separation in Peru
[23:13] Gutierrez v. Garland, No. 19-60408 (5th Cir. Aug. 31, 2021)
- convention against torture; government acquiesce; willful blindness; MS-13; Honduras
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
www.kktplaw.com/
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
www.docketwise.com/immigration-review
"Modern immigration software & case management"
*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured in the top 15 of Immigration Podcast in the U.S.! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.
Support the show (https://www.patreon.com/immigrationreview)
[3:07] Munyuh v. Garland, No. 19-72890 (9th Cir. Aug. 25, 2021)
- adverse credibility; cherry-picking; inconsistencies; sexual violence; rape; Cameroon
[10:19] Orozco-Lopez, et al. v. Garland, No. 20-70127 (9th Cir. Aug. 25, 2021)
- reinstatement; reasonable fear proceedings; reasonable fear appeal; right to counsel; prejudice; rule of lenity; statutory construction
[17:03] Afanador v. Garland, No. 17-70127 (9th Cir. Aug. 27, 2021)
- retroactivity; CIMT; moral turpitude; Cal. Pen. Code § 314.1; Matter of Cortes Medina
[22:46] Singh v. Garland, No. 19-704 (2d Cir. Aug. 25, 2021)
- asylum; reasonable relocation; Shiromani Akali Dal Amritsar; Mann party; Sikh; India
[27:59] Mumad v. Garland, No. 20-2140 (8th Cir. Aug. 27, 2021)
- particularly serious crime; robbery; void for vagueness
[33:39] Murugan v. U.S. Att'y Gen., No. 19-13715 (11th Cir. Aug. 24, 2021)
- asylum; past persecution; Tamil; Sri Lanka
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
www.kktplaw.com/
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
www.docketwise.com/immigration-review
"Modern immigration software & case management"
*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured in the top 15 of Immigration Podcast in the U.S.! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.
Support the show (https://www.patreon.com/immigrationreview)
[2:16] Germain v. U.S. Att’y General, No. 20-11419 (11th Cir. Aug. 18, 2021)
- aggravated felony; INA § 101(a)(43)(P); relating to document fraud; 18 U.S.C. § 1546(a); cancellation of removal;
[9:22] Lopez-Marroquin v. Garland, No. 18-72922 (9th Cir. Aug. 18, 2021)
- Cal. Veh. Code § 10851(a); categorical approach; divisibility; aggravated felony; 8 U.S.C. § 1101(a)(43)(G); Duenas-Alvarez v. Holder; Mathis v. United States
[16:59] Guerrier v. Garland, No. 20-70115 (9th Cir. Aug. 16, 2021)
- jurisdiction; credible fear determination; expedited removal; colorable constitutional claim; due process; DHS v. Thuraissigiam
[24:16] Flores-Rodriguez v. Garland, No. 19-70177 (9th Cir. Aug. 16, 2021)
- False claim to U.S. citizenship; INA § 212(a)(6)(C)(ii); adjustment of status; due process; prejudice
[31:41] Dai v. Garland, No. 15-70776 (9th Cir. Aug. 20, 2021)
- Garland v. Dai;adverse credibility; presumption of credibility; deemed credible; persuasiveness
[34:15] Liang v. Garland, No. 18-2257 (2d Cir. Aug. 19, 2021)
- Asylum; withholding of removal; Convention Against Torture; credibility; factual omission; factual inconsistency; substantial evidence
[42:18] Sharma v. Garland, No. 20-70238 (9th Cir. Aug. 17, 2021)
- Asylum; withholding of removal; reasonable fear of persecution; Convention Against Torture; voluntary departure; jurisdiction
[46:29] Villalobos Sura v. Garland, No. 20-71839 (9th Cir. Aug. 17, 2021)
- Withholding of removal; serious nonpolitical crime bar; probable cause; INTERPOL Red Notice; Convention Against Torture; government acquiescence; El Salvador
[53:09] Plancarte Sauceda v. Garland, No. 19-73312 (9th Cir. Aug. 20, 2021)
- particular social group; immutable characteristic; asylum; withholding of removal; Convention Against Torture; government acquiescence; venue
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
www.kktplaw.com/
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
www.docketwise.com/immigration-review
"Modern immigration software & case management"
DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.
Support the show (https://www.patreon.com/immigrationreview)
[3:07] Matter of Hernandez-Romero, 28 I&N Dec. 374 (BIA 2021)
- NACARA; cancellation of removal; statutory construction
[11:24] Sanchez-Ruano v. Garland, No. 18-71760 (9th Cir. Aug. 11, 2021)
- Cancellation of removal; INA § 240A(b); inadmissibility grounds; INA § 212; deportability grounds; INA § 237; removability vs relief
[19:22] Mohamed v. Garland, No. 20-1829 (8th Cir. Aug. 13, 2021)
- Convention Against Torture; fact-finding; Matter of J-F-F-; more likely than not; government acquiescence; Somalia
[29:01]Yusuf v. Garland, No. 20-2316 (8th Cir. Aug. 9, 2021)
- Motion to reopen; Convention Against Torture; changed country conditions; sua sponte; LGBT; Somalia; due process
[35:21]Gonzales Quecheluno v. Garland, No. 20-2200 (8th Cir. Aug. 12, 2021)
- Motion to reopen; continuance; jurisdiction; admin closure; Matter of Sanchez Sosa; U Visa;
[43:06] Gonzalez Hernandez v. Garland, No. 19-60274 (5th Cir. Aug. 13, 2021)
- Motion to reconsider; motion to reopen; change in law; aggravated felony; crime of violence; INA § 101(a)(43)(F); 18 U.S.C. § 16(b); Sessions v. Dimaya; El Salvador
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
www.kktplaw.com/
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
www.docketwise.com/immigration-review
"Modern immigration software & case management"
*Want to become a patron of Immigration Review?
Check out our Patreon page at https://www.patreon.com/immigrationreview
*CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: "Immigration Review Podcast" or @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured in the top 15 of Immigration Podcast in the U.S.! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.
Support the show (https://www.patreon.com/immigrationreview)
[3:10] Simpson v. U.S. Att'y Gen., No. 19-11156 (11th Cir. Aug. 4, 2021)
- Fla. Stat. § 790.23(1)(a); felon in possession; INA § 237(a)(2)(C); ammunition; divisibility; categorical and modified categorical approach; jury instructions
[10:11] Maie v. Garland, No. 19-73099 (9th Cir. Aug. 2, 2021)
- CIMT; theft; Haw. Rev. Stat. § 708-833(1); Model Penal Code; deprive; Matter of Diaz-Lizarraga; Matter of Burbano
[18:03] Gilbertson v. Garland, No. 20-2355 (8th Cir. Aug. 2, 2021)
- particularly serious crimes; withholding of removal; Matter of G-G-S-; mental health; Shazi v. Wilkinson; drug trafficking; Matter of Y-L-; Los Zetas; Mexico
[23:09] Rosales-Reyes v. Garland, No. 20-2417 (8th Cir. Aug. 4, 2021)
- asylum; particular social group; drug cartels; CAT; relocation; Mexico
[26:05] Nolasco v. Garland, No. 20-1034 (4th Cir. Aug. 2, 2021)
- Particular social groups; asylum; asylum; socially distinct; CAT protection; former gang membership; Matter of M-E-V-G-; Matter of W-G-R-; El Salvador
[30:21] Vasquez-Rodriguez v. Garland, No. 19-71445 (9th Cir. Aug. 5, 2021)
- 8 U.S.C. § 1252(d)(1); issue exhaustion; futility; Matter of E-A-G-; particular social group; imputed gang membership; CAT; safe relocation; El Salvador.
[41:57] Romero v. Garland, No. 17-70534 (9th Cir. Aug. 2, 2021)
- false claim to citizenship; INA § 212(a)(6)(C)(ii); burdens of proof; admission
[48:17] Parada-Orellana v. Garland, No. 19-60645 (5th Cir. Aug. 6, 2021)
- Motions to reopen; INA § 240A(b); non-LPR cancellation of removal; hardship; jurisdiction; INA § 242(a)(2)(B); in absentia order
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
www.kktplaw.com/
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
www.docketwise.com/immigration-review
"Modern immigration software & case management"
*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured in the top 15 of Immigration Podcast in the U.S.! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.
Support the show (https://www.patreon.com/immigrationreview)
[3:11] Matter of A-C-A-A-, 28 I&N Dec. 351 (A.G. 2021)
- asylum; particular social group; DHS stipulations
[7:37] Matter of Aguilar-Barajas, 28 I&N Dec. 354 (BIA 2021)
- aggravated statutory rape; Tenn. Code Ann. § 39-13-506(c); crime of child abuse under INA § 237(a)(2)(E)(i); Esquivel-Quintana
[15:27] Marinelarena v. Garland, No. 14-72003 (9th Cir. July 26, 2021)
- Cal. Pen. Code § 182; Cal. Health & Safety Code § 11352(a); divisibility; burdens; Pereida
[22:06] Estella Orellana v. Mayorkas, et al., No. 20-16092 (9th Cir. July 28, 2021)
- naturalization; INA § 101(a)(43)(M)(i) aggravated felony; + $10,000; Cal Pen. Code § 550(b)(3); insurance fraud; Harvey waiver; motion to dismiss
[30:55] Galvan v. Garland, No. 20-1485 (4th Cir. July 27, 2021)
- jurisdiction; discretion; non-LPR cancellation of removal; INA § 240A(b); exceptional and extremely unusual hardship
[36:23] Mencia-Medina v. Garland, No. 20-1724 (8th Cir. July 29, 2021)
- issue exhaustion; VAWA cancellation of removal; BIA factfinding; discretionary determinations
[43:28] Vazquez-Guerra v. Garland, No. 18-60828 (5th Cir. July 29, 2021)
- family-based particular social group; nexus; one central reason; nexus for withholding of removal; Mexico
[47:38] Singh v. Garland, No. 17-2368 (2d Cir. July 28, 2021)
- adverse credibility; inconsistency; omission; Sikh; Shiromani Akali Da Amritsar (SADA); India
[53:50] Omowole v. Garland, No. 20-2285 (7th Cir. July 29, 2021)
- credibility; fraud; sham marriage
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
www.kktplaw.com/
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
www.docketwise.com/immigration-review
"Modern immigration software & case management"
*Want to become a patron of Immigration Review?
Check out our Patreon page at https://www.patreon.com/immigrationreview
*CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: "Immigration Review Podcast" or @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.
Support the show (https://www.patreon.com/immigrationreview)
[2:39] Matter of O-R-E-, 28 I&N Dec. 330 (BIA 2021)
- equitable doctrine of latches; due process; genocide; Rwanda; INA § 212(a)(3)(E)(ii), (iii); credibility; material misrepresentation
[13:53] Meza v. Garland, No. 20-2193 (7th Cir. July 20, 2021)
- non-LPR cancellation of removal INA § 240A(b); jurisdiction; good moral character; weighing of evidence; DUI
[17:34] Orpinel-Robledo v. Garland, No. 20-2624 (8th Cir. July 19, 2021)
- non-LPR cancellation of removal INA § 240A(b); due process; change of judges; use of the word “the”
[20:22] Avendano-Elvira v. Garland, No. 20-2775 (8th Cir. July 21, 2021)
- non-LPR cancellation of removal INA § 240A(b); due process; change of judges; right to a specific immigration judge
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
www.kktplaw.com/
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
www.docketwise.com/immigration-review
"Modern immigration software & case management"
*Want to become a patron of Immigration Review?
Check out our Patreon page at https://www.patreon.com/immigrationreview
*CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: "Immigration Review Podcast" or @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured in the top 15 of Immigration Podcast in the U.S.! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.
Support the show (https://www.patreon.com/immigrationreview)
Matter of Cruz-Valdez, 28 I&N Dec. 326 (A.G. 2021)
- administrative closure; Matter of Castro-Tum
Valarezo-Tirado v. Att'y Gen. U.S., No. 20-1705 (3d Cir. July 15, 2021)
- reasonable fear interview; reinstatement; withholding-only; adequacy of IJ decision; CAT
B.R. v. Garland, No. 19-70386 (9th Cir. July 12, 2021)
- termination; regulatory violations; due process; service of NTA on minor; egregious constitutional violation; evidence of alienage; CAT; drug cartels; Mexico
Lalayan v. Garland, No. 18-73062 (9th Cir. July 13, 2021)
- adverse credibility; plausibility; demeanor; Armenia
Singh v. Garland, No. 19-60937 (5th Cir. July 12, 2021)
- stay of removal; due process; adverse credibility; IJ bias; extra-record evidence; Matter of R-K-K-; political opinion; persecution; Mann Party; BJP; India
Sanchez-Gonzalez v. Garland, No. 20-3938 (6th Cir. July 16, 2021)
- motion to reopen; jurisdiction; INA § 241(a)(5); reinstatement; gross miscarriage of justice; Ohio Revised Code § 2943.031(A); duty to advise immigration consequences
Coto-Albarenga v. Garland, No. 20-2539 (8th Cir. July 12, 2021)
- adverse credibility; credible fear interview; discrepancies
Fofana v. Mayorkas, No. 20-1623 (8th Cir. July 15, 2021)
- material support of terrorism; issue preclusion; collateral estoppel; United Liberation Movement
Peh v. Garland, No. 20-1508 (8th Cir. July 16, 2021)
- realistic probability test; Iowa Code § 710.10(3); “entice”; INA § 237(a)(2)(E)(i); crime of child abuse, child neglect, or child abandonment
Ochoa-Salgado v. Garland, No. 19-60519 (5th Cir. July 16, 2021)
- drug trafficking aggravated felony; INA § 101(a)(43)(B); delivery; offer to sell; rule of orderliness; categorical approach; Texas Health and Safety Code § 481.112
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
www.kktplaw.com/
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
www.docketwise.com/immigration-review
"Modern immigration software & case management"
Check out our Patreon page at https://www.patreon.com/immigrationreview
*CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: "Immigration Review Podcast" or @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.
Support the show (https://www.patreon.com/immigrationreview)
[2:17] Guerrero Trejo v. Garland, No. 20-60353 (5th Cir. July 2, 2021)
- INA § 240A(b); non-LPR cancellation of removal; hardship; jurisdiction; INA § 242(a)(2)(B); Guerrero-Lasprilla
[8:14] Bautista-Bautista v. Garland, No. 20-1534 (8th Cir. July 6, 2021)
- particular social group; convention against torture; CAT; tattoos; Seguridad; Guatemala
[11:18] Quintanilla v. Garland, No. 18-67 (2d Cir. July 9, 2021)
- withholding of removal; particular social group; Nasrallah; gangs; MS-13; El Salvador
[17:22] Posos-Sanchez v. Garland, No. 17-72002 (9th Cir. July 7, 2021)
- admission; amnesty; INA § 240B(b); voluntary departure; Niz-Chavez and Pereira; NTA
[24:59] Escobar Santos v. Garland, No. 17-72334 (9th Cir. July 9, 2021)
- forgery in violation of Cal. Pen. Code § 470a; aggravated felony; INA § 101(a)(43)(R)
*Sponsors and friends of the podcast!
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Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
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"Modern immigration software & case management"
*Want to become a patron of Immigration Review?
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*CONTACT INFORMATION
Email: kgregg@kktplaw.com
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Twitter: @immreview
*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured in the top 15 of Immigration Podcast in the U.S.! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.
Support the show (https://www.patreon.com/immigrationreview)
Odds and Ends
- Flores settlement
- Patel v. Garland!!!!
Johnson v. Chavez, No. 19-897 (U.S. June 29, 2021)
- detention; reinstatement; withholding of removal; Nasrallah
- Click here to support Immigrant’s List! – https://www.immigrantslist.org/
Matter of S-L-H- & L-B-L-, 28 I&N Dec. 318 (BIA 2021)
- in absentia motion to reopen; exceptional circumstances; de novo review; weather; traffic; tardiness; sufficiency of evidence
Perez-Trujillo v. Garland, Nos. 11-1481, 17-1586 (1st Cir. June 28, 2021)
- particular social group; gang recruitment; former gang member; MS-13; El Salvador; Special Immigrant Juvenile status (SIJ); discretion; Matter of Arai; jurisdiction
Portillo-Flores v. Garland, No. 19-1591 (4th Cir. June 29, 2021) (en banc)
- asylum; past persecution; death threats; children; family based particular social group; El Salvador; MS-13
Adeeko v. Garland, No. 19-60703 (5th Cir. July 1, 2021)
- child abuse, abandonment, or neglect; INA § 237(a)(2)(E)(i); online solicitation of a minor in violation of Tex. Pen. Code § 33.021(c); categorical approach
Parzych v. Garland, No. 20-2317 (7th Cir. June 28, 2021)
- categorical approach; modified categorical approach; divisibility; elements; means; jury instructions; Mathis peek
Mejia-Padilla v. Garland, No. 20-1720 (7th Cir. June 29, 2021)
- motions to reopen; defective NTA; Pereira; non-LPR cancellation of removal; stop-time rule; equitable tolling
Brathwaite v. Garland, No. 20-27 (2d Cir. July 1, 2021)
- criminal conviction; finality; Chevron deference; Matter of J.M. Acosta; N.Y. Crim. Pen. L. § 460.30
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
www.kktplaw.com/
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
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"Modern immigration software & case management"
*Want to become a patron of Immigration Review?
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*CONTACT INFORMATION
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Twitter: @immreview
DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.
Support the show (https://www.patreon.com/immigrationreview)
[2:35] Avila de la Rosa v. Garland, No. 20-1956 (7th Cir. June 24, 2021)
- defective notice to appear; NTA; prejudice; claims processing rule; Pereira; Niz-Chavez; motion to terminate
[7:39] Matter of Moradel, 28 I&N Dec. 310 (BIA 2021)
- Special Immigrant Juvenile status; canon of statutory construction - rule of the last antecedent; statutory interpretation; N.J. Stat. § 2C:35-10(a)(4); simple possession; 30 grams or less of marijuana; circumstance specific approach
[14:55] Bogle v. Garland, No. 19-72290 (9th Cir. June 23, 2021)
- personal use exception under INA § 237(a)(2)(B)(i); conviction under INA § 101(a)(48); circumstances specific approach; police report; Pereida v. Wilkinson
[20:50] Kaur v. Garland, No. 18-72786 (9th Cir. June 21, 2021)
- changed country condition motion to reopen; change in circumstances; personal circumstances; family-based particular social group; persecution by members of group; retribution; personal vendetta; acquiescence; CAT; relocation; women; India
[27:30] Zamorano v. Garland, No. 19-72893 (9th Cir. June 25, 2021)
- prehearing voluntary departure under INA § 240B(a); due process; IJ duty to inquire - asylum; 8 C.F.R. § 1240.11; U-Visa
[32:31] Moreno-Osorio v. Garland, No. 20-1035 (4th Cir. June 23, 2021)
- asylum; withholding of removal; CAT; Mara 18; Honduras; particularity; unlawfully wounding in violation of Va. Code Ann. § 18.2-51; crime of violence; Bordon
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
www.kktplaw.com/
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
www.docketwise.com/immigration-review
"Modern immigration software & case management"
*Want to become a patron of Immigration Review?
Check out our Patreon page at https://www.patreon.com/immigrationreview
*CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: "Immigration Review Podcast" or @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured in the top 15 of Immigration Podcast in the U.S.! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.
Support the show (https://www.patreon.com/immigrationreview)
[2:13] Matter of A-B-, 28 I&N Dec. 307 (A.G. 2021)
- particular social group; Matter of A-B-; Matter of A-B- II; Matter of A-R-C-G-
[5:51] Matter of L-E-A-, 28 I&N Dec. 304 (A.G. 2021)
- particular social group; Matter of L-E-A- II; family nexus; Niz-Chavez motion to terminate
[9:24] Thamotar v. U.S. Att’y Gen., No. 19-12019 (11th Cir. June 17, 2021)
- asylum; withholding of removal; discretion; family unification; 8 C.F.R. § 1208.16(e); Sri Lanka; Tamil
[16:22] Darby v. Att’y Gen. U.S., No. 20-2107 (3rd Cir. June 17, 2021)
- changed country condition motion to reopen; CAT; materiality; prima facie standard; sua sponte; Jamaica
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
www.kktplaw.com/
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
www.docketwise.com/immigration-review
"Modern immigration software & case management"
*Want to become a patron of Immigration Review?
Check out our Patreon page at https://www.patreon.com/immigrationreview
*CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: "Immigration Review Podcast" or @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured in the top 15 of Immigration Podcast in the U.S.! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.
Support the show (https://www.patreon.com/immigrationreview)
[2:55] Sanchez v. Mayorkas, No. 20-315 (U.S. June 7, 2021)
- temporary protected status; TPS; admission; statutory interpretation
- Click here to support Immigrant's List! - https://www.immigrantslist.org/
[9:51] Bordon v. U.S., No. 19-5410 (U.S. June 10, 2021)
- ACCA; violent felony; crime of violence; INA § 101(a)(43)(F); 18 U.S.C. § 16(a); elements clause; recklessness; all mens rea
[18:26] Matter of D-G-C-, 28 I&N Dec. 297 (BIA 2021)
- asylum; one year filing deadline; changed circumstances; definition of material
[23:33] Veloz v. Garland, No. 19-4111 (2d Cir. June 7, 2021)
- New York petit larceny; N.Y. Pen. L. § 155.25; intent to appropriate; N.Y. Pen. L. § 155.00(4)(b); CIMT; Matter of Diaz-Lizarraga
[28:13] Tobias-Chaves v. Garland, No. 20-4020 (6th Cir. June 8, 2021)
- procedural due process; prejudice; jurisdiction; venue; prejudice
[31:58] Soto-Soto v. Garland, No. 20-70587 (9th Cir. June 11, 2021)
- standard of review; clear error; de novo; CAT deferral; indigenous women; Mexico; Interpol Red Notice
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
www.kktplaw.com/
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
www.docketwise.com/immigration-review
"Modern immigration software & case management"
*Want to become a patron of Immigration Review?
Check out our Patreon page at https://www.patreon.com/immigrationreview
*CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: "Immigration Review Podcast" or @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured in the top 15 of Immigration Podcast in the U.S.! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.
Support the show (https://www.patreon.com/immigrationreview)
[1:48] Ep. preview with United States v. Abdul Aziz (1st Cir. Jun. 2, 2021)
- Massachusetts marijuana and hemp
[2:44] Garland v. Dai, No. 19-1155 (U.S. June 1, 2021)
- adverse credibility; presumption of credibility; deemed credible; persuasiveness
[8:26] Garcia-Deleon v. Garland, No. 20-3957 (6th Cir. June 4, 2021)
- administrative closure; Castro-Tum; regulatory interpretation; provisional unlawful presence waiver; 8 C.F.R § 212.7(e)(4)(iii)
[13:29] Padilla-Franco v. Garland, No. 20-2415 (8th Cir. June 2, 2021)
- asylum; past persecution; particular social group; extortion; BIA standard of review
[17:09] Rubalcaba v. Garland, No. 17-70845 (9th Cir. June 2, 2021)
- sua sponte motion to reopen; departure bar; Kisor deference
[23:06] Sanchez-Castro v. U.S. Att’y Gen., No. 19-15091 (11th Cir. June 1, 2021)
- nexus; family-based particular social group; government acquiescence; MS-13; El Salvador
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
www.kktplaw.com/
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
www.docketwise.com/immigration-review
"Modern immigration software & case management"
*Want to become a patron of Immigration Review?
Check out our Patreon page at https://www.patreon.com/immigrationreview
*CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: "Immigration Review Podcast" or @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured in the top 15 of Immigration Podcast in the U.S.! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.
Support the show (https://www.patreon.com/immigrationreview)
[2:13] United States v. Palomar-Santiago, No. 20-437 (U.S. May 24, 2021)
- 8 U.S.C. § 1326(d); illegal reentry; Leocal; motion to reopen; change in law
[7:42] Quintero v. Garland, No. 19-1904 (4th Cir. May 26, 2021)
- presumption of credibility; duty to develop record; Matter of W-Y-C- & H-O-B-; pro se respondents;acquiescence; aggregate harm; Convention Against Torture; El Salvador; MS-13
[16:18] Dawson v. Garland, No. 19-73124 (9th Cir. May 26, 2021)
- Convention Against Torture; past torture; protective order; changed personal conditions; relocation; Jamaica
[20:28] Vazquez Romero v. Garland, No. 15-72947 (9th Cir. May 28, 2021)
- applicant for admission; returning LPR; Matter of Valenzuela-Felix; INA § 101(a)(13)(C); CIMT; California petty theft; bond
[28:17] Tacuri-Tacuri v. Garland, No. 19-1687 (1st Cir. May 24, 2021)
- INA § 240A(b); non-LPR cancellation of removal; exceptional and extremely unusual hardship
[34:21] Rojas v. Garland, No. 19-1944 (8th Cir. May 27, 2021)
- knows or has reason to believe illicit trafficker in a controlled substance; INA § 212(a)(2)(C); probable cause; criminal alien bar; INA § 242(a)(2)(C)
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
www.kktplaw.com/
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
www.docketwise.com/immigration-review
"Modern immigration software & case management"
*Want to become a patron of Immigration Review?
Check out our Patreon page at https://www.patreon.com/immigrationreview
*CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: "Immigration Review Podcast" or @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured in the top 15 of Immigration Podcast in the U.S.! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.
Support the show (https://www.patreon.com/immigrationreview)
[2:28] Islam v. DHS, No. 19-13287 (11th Cir. May 20, 2021)
- INA § 212(a)(3)(B); membership in a terrorist organization; definition of Tier III terrorist organization; jurisdiction; issue preclusion; collateral estoppel; “actually litigated”; void for vagueness; Bangladesh Nationalist Party or BNP
[12:01] Figueroa v. Att’y Gen. U.S., No. 19-1419 (3d Cir. May 19, 2021)
- fugitive disentitlement doctrine; unable or unwilling to control; complete helplessness; condone; consent, acquiesce, or willful blindness; CAT; withholding gang violence; Honduras
[18:31] Maniar v. Garland, No. 18-60667 (5th Cir. May 20, 2021)
- INA § 101(a)(43)(D); conspiracy; aggravated felony; Chenery; Niz-Chavez; jurisdiction
[22:42] Carino v. Garland, No. 18-72985 (9th Cir. May 18, 2021)
- derivative citizenship; INA § 321(a); legal custody; nunc pro tunc state court orders; Congressional intent; federalism; Philippines; Convention Against Torture; drugs
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
www.kktplaw.com/
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
www.docketwise.com/immigration-review
"Modern immigration software & case management"
*Want to become a patron of Immigration Review?
Check out our Patreon page at https://www.patreon.com/immigrationreview
*CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: "Immigration Review Podcast" or @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured in the top 15 of Immigration Podcast in the U.S.! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.
Support the show (https://www.patreon.com/immigrationreview)
[01:48] Introduction
[03:18] Interview with John Pratt
[19:51] EB-5 visas and Regional Center Program
[35:24] AILA National elections
Click this link to learn more about John!
*Please note
This interview slightly misstates the factual circumstances of the Iran-Contra Affair. Our apologies!
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
www.kktplaw.com/
Immigration, serious injury, and business lawyers serving clients in Florida, San Diego, and all over the world for over 40 years.
Docketwise
www.docketwise.com/immigration-review
"Modern immigration software & case management"
*Want to become a patron of Immigration Review?
Check out our Patreon page at https://www.patreon.com/immigrationreview
*CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: "Immigration Review Podcast" or @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured in the top 15 of Immigration Podcast in the U.S.! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.0
Support the show (https://www.patreon.com/immigrationreview)
[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
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
www.kktplaw.com/
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
www.docketwise.com/immigration-review
"Modern immigration software & case management"
*Want to become a patron of Immigration Review?
Check out our Patreon page at https://www.patreon.com/immigrationreview
*CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: "Immigration Review Podcast" or @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured in the top 15 of Immigration Podcast in the U.S.! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.
Support the show (https://www.patreon.com/immigrationreview)
[2:13] Arcos Sanchez v. Att’y Gen. U.S., No. 20-1843 (3d Cir. May 5, 2021)
- administrative closure; regulations; regulatory interpretation; Kisor deference; DACA
[8:56] Romero v. Att’y Gen. U.S., No. 19-3705 (3d Cir. May 5, 2021)
- reinstatement; withholding only proceedings; jurisdiction; notice of referral; Form I-863; Pereira
[12:51] K.A. v. Att’y Gen. U.S., No. 17-3640 (3d Cir. May 4, 2021)
- second-degree New Jersey robbery in violation of N.J. Stat. Ann. § 2C:15-1; aggravated felony “theft offense” under INA § 101(a)(43)(G); New Jersey theft; consent through fraud; affirmative defense
[22:43] Guzman-Garcia v. Garland, No. 20-1966 (7th Cir. May 3, 2021)
- asylum; withholding of removal; well-founded fear; gangs; Mexico
[25:37] Gonzalez-Veliz v. Garland, No. 19-72090 (9th Cir. May 4, 2021)
- abandonment of asylum application; biometrics; continuance; good cause
[32:23] Artola v. Garland, No. 19-1286 (8th Cir. May 5, 2051)
- LPR cancellation of removal; INA § 240A(a); TPS; admission; INA § 244(e); statutory construction; plain text
[38:49] Route v. Garland, No. 19-72854 (9th Cir. May 6, 2021)
- CIMT within 5 years; INA § 237(a)(2)(A)(i); Micronesia; Compact of Free Association Amendments Act of 2003; US-FSM COFA § 141; Matter of Alyazji; admission; Chevron deference; unpublished BIA decision
Links referenced in Arcos Sanchez :
- https://bit.ly/3bbU9mK
- https://bit.ly/3to1wh6
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DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.
Support the show (https://www.patreon.com/immigrationreview)
[2:53] Niz-Chavez v. Garland, No. 19-863 (U.S. Apr. 29, 2021)
- non-LPR cancellation of removal; stop-time rule; implication of the indefinite article “a”; statutory interpretation; Dictionary Act; motion to reopen; claims processing rule
[15:20] Tetteh v. Garland, No. 19-2357 (4th Cir. Apr. 27, 2021)
- pardons; INA § 237(a)(2)(A)(vi); Georgia First Offender Act, Ga. Code Ann. § 42-8-60; former INA § 212(c); definition of conviction
[22:16] Jimenez-Rodriguez v. Garland, No. 19-2467 (4th Cir. Apr. 29, 2021)
- U-visa; waivers; Chenrey doctrine; IJ authority; INA § 212(d)(3)(A)(ii); regulatory interpretation; limits of expressio unius canon
[29:54] USA v. Figueroa-Beltran, No. 16-10388 (9th Cir. Apr. 27, 2021)
- Nevada Revised Statute § 453.337; 8 U.S.C. § 1326(a); divisibility; drug trafficking; sentence enhancement
*Sponsors and friends of the podcast!
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*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
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*Featured in the top 15 of Immigration Podcast in the U.S.! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.
Support the show (https://www.patreon.com/immigrationreview)
[2:13] Happy anniversary, and thank you!
[4:40] Thompson v. Garland, No. 17-3494 (2d Cir. Apr. 22, 2021)
- second-degree assault under New York Penal Law § 120.05(1); crime of violence; INA § 101(a)(43)(F); 18 U.S.C. § 16(a)
*Sponsors and friends of the podcast!
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*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
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*Featured in the top 15 of Immigration Podcast in the U.S.! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.
Support the show (https://www.patreon.com/immigrationreview)
[2:04] Odds and Ends
[3:47] Matter of Mensah, 28 I&N Dec. 288 (BIA 2021)
- conditional lawful permanent resident; CLPR; petition to remove condition; fraud or willful misrepresentation; INA § 212(a)(6)(C)(i); USCIS interview
[13:26] Aristy-Rosa v. Att’y Gen. U.S., No. 20-2105 (3d Cir. Mar. 16, 2021)
- pardons; definition of conviction; full faith and credit; INA § 237(a)(2)(B); INA § 237(a)(2)(A)(vi); Matter of Suh
[18:57] Arroyo v. Garland, No. 19-3032 (8th Cir. Apr. 14, 2021)
- controlled substances offense; INA § 212(a)(2)(a)(i)(II); possession of marijuana; Iowa Code § 124.401(5); divisibility; different punishments; motion to reconsider
[25:09] Zarate-Alvarez v. Garland, No. 19-9570 (10th Cir. Mar. 23, 2021)
- INA § 237(a)(2)(E)(i); crime of child abuse, child neglect, or child abandonment; Colo. Rev. Stat. § 18-6-401(1)(a), (7)(b)(I); non-LPR cancellation of removal
[29:48] Alvarado-Herrera v. Garland, No. 18-70191 (9th Cir. Apr. 13, 2021)
- reasonable fear interview; reinstatement; expedited removal procedures; Convention Against Torture; 18th Street Gang; willful blindness of police; Honduras
*Sponsors and friends of the podcast!
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*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
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*Featured in the top 15 of Immigration Podcast in the U.S.! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.
Support the show (https://www.patreon.com/immigrationreview)
[2:13] Rodriguez-Tornes v. Garland, No. 19-71104 (9th Cir. Apr. 5, 2021)
- asylum; nexus; Matter of A-B-; Matter of A-B- II, feminism political opinion; particular social group of Mexican females; reman; expert
[9:28] Matter of A-S-M-, 28 I&N Dec. 282 (BIA 2021)
- INA § 241(a)(5); reinstatement; withholding of removal; country of removal; INA § 241(b)(2)(A)–(E); 8 C.F.R. § 1241.8(e); 8 C.F.R. § 1241.31
[13:43] Sánchez-Vásquez v. Garland, No. 20-1661 (1st Cir. Apr. 7, 2021)
- particular social group; anti-gang; Evangelical Christian; El Salvador; administrative notice; pro se respondent
[17:07] Cabrera Martinez v. U.S. Att’y Gen., No. 19-14110 (11th Cir. Apr. 7, 2021)
- asylum; past persecution; economic persecution; “reasoned consideration”; Cuban journalists; Cuba
[21:25] Orellana-Recinos v. Garland, No. 19-9596 (10th Cir. Apr. 5, 2021)
- asylum; nexus; family based particular social group; gang recruitment; MS-13; El Salvador
[24:43] Quiroa-Motta v. Garland, No. 20-1425 (1st Cir. Apr. 6, 2021)
- motion to reopen; ineffective assistance of counsel; due diligence
[27:30] Aspilaire v. U.S. Att’y Gen., No. 19-12605 (11th Cir. Apr. 6, 2021)
- aggravated felony, INA § 101(a)(43)(E)(ii); felon in possession of a firearm, Fla. Stat. § 790.23(1)(a); antique firearms exception; realistic probability test
[33:53] Diaz-Flores v. Garland, No. 17-72563 (9th Cir. Apr. 6, 2021)
- definition of a CIMT; first-degree burglary of a dwelling under Oregon Rev. Stat. § 164.225; Matter of J-G-D-F-; dwelling
[41:15] Ahmed v. Garland, No. 19-3480 (8th Cir. Apr. 8, 2021)
- law relating to a controlled substance; INA § 237(a)(2)(B)(i); Minn. Stat. § 152.025; disability; BIA factfinding; asylum; Somalia
*Sponsors and friends of the podcast!
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DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.
Support the show (https://www.patreon.com/immigrationreview)
[1:48] Introduction
[2:53] Interview with Helena Tetzeli
Click this link to learn more about Helena!
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*CONTACT INFORMATION
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*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured in the top 15 of Immigration Podcast in the U.S.! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.0
Support the show (https://www.patreon.com/immigrationreview)
[2:13] Hylton v. U.S. Att’y Gen., No. 19-14825 (11th Cir. Mar. 31, 2021)
- aggravated felony; INA § 237(a)(2)(A)(iii); statutory interpretation; denaturalization; Chevron and Brand-X deference; rule of lenity; prior-construction canon
[9:47] Matter of Al Sabsabi, 28 I&N Dec. 269 (BIA 2021)
- CIMT; impairing government functions; conspiracy, underlying offense; 18 U.S.C. § 371; selling counterfeit currency in violation of 18 U.S.C. § 473; divisibility
[14:56] Matter of Vucetic, 28 I&N Dec. 276 (BIA 2021)
- CIMT; DUI; unlicensed operation of a motor vehicle in violation of New York Vehicle & Traffic Law § 511(3)(a)(i); mens rea; recklessness; realistic probability test
[21:48] Cruz Rodriguez v. Garland, No. 19-60456 (5th Cir. Apr. 1, 2021)
- res judicata; Texas robbery; nucleus of operative facts
[27:53] Meza-Vazquez v. Garland, No. 15-72672 (9th Cir. Apr. 1, 2021)
- Equal Access to Justice Act (“EAJA”); 28 U.S.C. § 2412(d); substantially justified; asylum; LGBT; Mexico
[32:30] Silva v. Garland, No. 16-70130 (9th Cir. Mar. 30, 2021)
- CIMT; petty theft; Cal. Pen Code § 484(a); categorical approach; changed country condition motions to reopen; Philippines; retroactivity; Matter of Diaz Lizzaraga
*Sponsors and friends of the podcast!
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Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
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"Modern immigration software & case management"
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*CONTACT INFORMATION
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*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
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*Featured in the top 15 of Immigration Podcast in the U.S.! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.
Support the show (https://www.patreon.com/immigrationreview)
[2:40] Alejos-Perez v. Garland, No. 19-60256 (5th Cir. Mar. 22, 2021)
- law relating to a controlled substance; INA § 237(a)(2)(B)(i); Texas Health and Safety Code § 481.1161(a); divisibility; ambiguity; burdens; drugs as elements; jury instructions; different punishments; intermediate state court decisions
[10:33] Njilefac v. Garland, No. 20-60520 (5th Cir. Mar. 24, 2021)
- affidavits; presumption of delivery; due process; motion to reconsider
[14:54] Lopez-Chavez v. Garland, No. 18-3735 (8th Cir. Mar. 22, 2021)
- aggravated felony; Moncrieffe v. Holder; INA § 101(a)(43)(O); INA § 101(a)(43)(B); 8 U.S.C. § 1326; § 1325; illegal reentry; small amount of marijuana; retroactivity
[25:01] Gutierrez-Gutierrez v. Garland, No. 18-2034 (8th Cir. Mar. 22, 2021)
- reinstatement; procedurally lawful admission; Matter of Quilantan; motion to reopen; jurisdiction; gross miscarriage of justice
[30:03] Acevedo v. Garland, No. 19-72381 (9th Cir. Mar. 24, 2021)
- particular social group; particularity; intellectual disability; subgroups; psychological reports; social distinction; relevant society; asylum; El Salvador
*Sponsors and friends of the podcast!
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Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
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"Modern immigration software & case management"
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*CONTACT INFORMATION
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*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured in the top 15 of Immigration Podcast in the U.S.! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.
Support the show (https://www.patreon.com/immigrationreview)
[2:17] Awuku-Asare v. Garland, No. 19-9516 (10th Cir. Mar. 16, 2021)
- F-1 student status; failure to maintain status; statutory interpretation; definition of the word “fail”
[7:15] Cuesta-Rojas v. Garland, No. 20-1302 (1st Cir. Mar. 15, 2021)
- asylum; adverse credibility; sworn statement; discrepancies; corroborating evidence; definition of arrest
[14:12] Thile v. Garland, No. 20-1259 (1st Cir. Mar. 19, 2021)
- citizenship; burdens; identity; asylum; China; India; Tibet
[18:20] Aguilar-Osorio v. Garland, No. 19-73000 (9th Cir. Mar. 15, 2021)
- particular social group; witnesses to gang activity; Department of State reports
[20:31] Rodriguez v. Garland, No. 20-70240 (9th Cir. Mar. 15, 2021)
- motion to reopen; materially changed country conditions; change in personal circumstances; Mexico
*Sponsors and friends of the podcast!
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"Modern immigration software & case management"
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*CONTACT INFORMATION
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*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
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DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.
Support the show (https://www.patreon.com/immigrationreview)
[2:13] Gonzalez v. Wilkinson, No. 19-3412 (8th Cir. Mar. 9, 2021)
- realistic probability test; cancellation of removal; Fla. Stat. § 893.13(6)(b); possession of marijuana; divisibility; Matter of Guadarrama
[7:29] Matter of Nemis, 28 I&N Dec. 250 (BIA 2021)
- conspiracy; fraud; CIMT; conspiracy to commit visa fraud in violation of 18 U.S.C. § 371 and 18 U.S.C. § 1546(a)
[15:33] Matter of Aguilar-Mendez, 28 I&N Dec. 262 (BIA 2021)
- CIMT; assault by means of force likely to produce great bodily injury in violation of Cal. Pen. Code § 245(a)(4); voluntary departure
[19:01] Birhanu v. Wilkinson, No. 19-9599 (10th Cir. Mar. 9, 2021)
- CIMT; recklessness; making threats of terrorism in violation of Utah Code Ann. § 76-5-107.3(1)(b)(ii); single scheme of criminal conduct; INA § 237(a)(2)(A)(ii); particularly serious crime; mental health; competency hearing
[25:20] Jama v. Wilkinson, No. 19-2250 (8th Cir. Mar. 11, 2021)
- particularly serious crime; Matter of G-G-S-; mental health; BIA fact finding; CAT deferral; Somalia
[30:11] Sanchez v. Garland, No. 16-73745 (9th Cir. Mar. 11, 2021)
- past persecution; threats; gangs; women; social distinction; El Salvador
[33:23] Lucaj v. Wilkinson, No. 20-1566 (1st Cir. Mar. 10, 2021)
- motion to reopen based on materially changed country conditions; deterioration of conditions; asylum; Albania
[36:03] Lopez v. Garland, No. 20-3762 (6th Cir. Mar. 12, 2021)
- in absentia motion to reopen; notice to appear (NTA) in native language
[37:55] Arguijo v. USCIS, No. 13-cv-05751 (7th Cir. Mar. 12, 2021)
- Violence Against Women Act; VAWA; stepchild; dictionary definition
*Sponsors and friends of the podcast!
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DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.
Support the show (https://www.patreon.com/immigrationreview)
Pereida v. Wilkinson, No. 19-438 (U.S. Mar. 4, 2021)
- burdens; categorical approach; relief from removal; ambiguous criminal conviction; attempted criminal impersonation in violation of Neb. Rev. Stat. § 28–638; CIMT
Arita-Deras v. Wilkinson, No. 19-1978 (4th Cir. Mar. 4, 2021)
- asylum; corroboration; family affidavits; Honduras; family based particular social group; gangs; death threats
White v. Wilkinson, No. 19-3517 (8th Cir. Mar. 4, 2021)
- motion to reopen; VAWA cancellation; good moral character; discretion
Ali Aden v. Wilkinson, No. 17-71313 (9th Cir. Mar. 4, 2021)
- asylum; firm resettlement bar; past persecution; threats; beatings; imputed religion; Somalia; Al-Shabaab
*Sponsors and friends of the podcast!
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Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
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"Modern immigration software & case management"
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*CONTACT INFORMATION
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*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured in the top 15 of Immigration Podcast in the U.S.! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.
Support the show (https://www.patreon.com/immigrationreview)
[2:26] Oliveira v. Wilkinson, No. 19-1258 (1st Cir. Feb. 22, 2021)
- INA § 245(i) adjustment of status; approvable when filed; meritorious in fact; Matter of Butt
[10:11] Matter of L-L-P-, 28 I&N Dec. 241 (BIA 2021)
- special rule cancellation of removal under INA § 240A(b)(2); statutory construction; legislative intent
[15:42] Molina-Diaz v. Wilkinson, No. 15-2321 (1st Cir. Feb. 25, 2021)
- clean credibility finding; adverse credibility; presumption of credibility; corroboration; Honduras; MUCA; CAT; withholding of removal
[20:20] Zelaya-Moreno v. Wilkinson, No. 17-2284 (2d Cir. Feb. 26, 2021)
- political opinion; gang recruitment; opposition to corruption; El Salvador
[27:05] Sunuwar v. Att'y Gen. U.S., No. 20-2091 (3d Cir. Feb. 25, 2021)
- particularlyserious crime; Matter of N-A-M-; length of sentence; strangulation under 18 Pa. Cons. Stat. § 2718(a); contempt under 23 Pa. Cons. Stat. § 6114(a) for disobeying a protective order; INA § 237(a)(2)(E)(ii), violation of protective order; adverse credibility
[33:05] Lazo v. Wilkinson, No. 14-73182 (9th Cir. Feb. 26, 2021)
- controlled substance offense; INA § 237(a)(2)(B)(i); California Health and Safety Code § 11350; divisibility; jury instructions
*Sponsors and friends of the podcast!
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"Modern immigration software & case management"
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*CONTACT INFORMATION
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*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured in the top 15 of Immigration Podcast in the U.S.! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.
Support the show (https://www.patreon.com/immigrationreview)
Chacon v. Wilkinson, No. 18-71515 (9th Cir. Feb. 18, 2021)
- particularly serious crime; importing, manufacturing, or dealing in firearms without a license in violation of 18 U.S.C. § 922(a)(1)(A); aggravated felony; illicit trafficking in firearms; categorical approach
Naranjo Garcia v. Wilkinson, No. 19-72803 (9th Cir. Feb. 18, 2021)
- nexus; mixed motive; asylum; particular social group; family; property owner; gang recruitment; “one reason” and “a reason” for withholding of removal
*Sponsors and friends of the podcast!
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"Modern immigration software & case management"
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*CONTACT INFORMATION
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Twitter: @immreview
*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured in the top 15 of Immigration Podcast in the U.S.! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.
Support the show (https://www.patreon.com/immigrationreview)
[2:53] Diaz De Gomez v. Wilkinson, No. 19-2115 (4th Cir. Feb. 8, 2021)
- asylum; nexus; particular social group; nuclear family; extortion; gang recruitment; death threats; Los Zetas; Guatemala; Matter of A-B- II; Matter of L-E-A- II
[8:36] Macedo Templos v. Wilkinson, No. 15-73122 (9th Cir. Feb. 9, 2021)
- withholding of removal; particular social group; nexus; “Mexican wealthy business owners”; Convention Against Torture; “rogue official”
[12:51] Santos-Ponce v. Wilkinson, No. 18-72433 (9th Cir. Feb. 10, 2021)
- asylum; particular social group; “young Christian males who resist gang recruitment”; Honduras
[15:33] Zaruma-Guaman v. Wilkinson, No. 20-1533 (1st Cir. Feb. 9, 2021)
- asylum; adverse credibility; inconsistencies; sworn statement; Ecuador
[18:47] Shazi v. Wilkinson, No. 19-2842 (8th Cir. Feb. 11, 2021)
- particularly serious crime; Matter of G-G-S-; mental health; terroristic threats; Nasrallah - particularly serious crime; withholding; Iraq
[25:45] Gallina v. Wilkinson, No. 17-4058 (2d Cir. Feb. 12, 2021)
- deferral of removal under the Convention Against Torture; “other procedures” under CAT regulations; mafia; solitary confinement; Italy
[30:33] Perez-Perez v. Wilkinson, No. 20-1048 (7th Cir. Feb. 11, 2021)
- motion to reopen; in absentia; deportation proceedings; Periera v. Sessions; Order to Show Cause
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
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Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
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"Modern immigration software & case management"
*Want to become a patron of Immigration Review?
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*CONTACT INFORMATION
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Twitter: @immreview
*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured in the top 15 of Immigration Podcast in the U.S.! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.
Support the show (https://www.patreon.com/immigrationreview)
[2:44] Barahona v. Wilkinson, No. 20-1546 (8th Cir. Feb. 3, 2021)
- serious non-political crime; asylum; probable cause; INA §§ 208(b)(2)(A)(iii), 241(b)(3)(B)(iii); burdens; Interpol Red Notice
[9:00] Tibakweitira v. Wilkinson, No. 18-60459 (5th Cir. Feb. 2, 2021)
- withholding of removal; jurisdiction; particularly serious crime; INA § 242(a)(2)(C); Nasrallah; three member panel (BIA) and due process; motion to reopen
[13:56] Martinez-Baez v. Wilkinson, No. 20-1078 (7th Cir. Feb. 1, 2021)
- corroboration; credibility; cancellation of removal; jurisdiction; INA § 242(a)(2)(B); INA § 242(a)(2)(D); statutory headings; Guerrero-Lasprilla
[21:04] Tomczyk v. Wilkinson, No. 16-72926 (9th Cir. Feb. 3, 2021)
- reinstatement; INA § 241(a)(5); illegal entry; procedurally proper admission; waive through; statutory analysis
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
www.kktplaw.com/
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
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"Modern immigration software & case management"
*Want to become a patron of Immigration Review?
Check out our Patreon page at https://www.patreon.com/immigrationreview
*CONTACT INFORMATION
Email: kgregg@kktplaw.com
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Instagram: @immigrationreview
Twitter: @immreview
*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured in the top 15 of Immigration Podcast in the U.S.! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.
Support the show (https://www.patreon.com/immigrationreview)
[2:26] Amaya v. Rosen, No. 19-1619 (4th Cir. Jan. 25, 2021)
- asylum; particular social group; particularity; former gang members; MS-13; El Salvador
[8:36] Kaur v. Wilkinson, No. 18-73001 (9th Cir. Jan. 29, 2021)
- past persecution; attempted gang rape; sexual violence; nexus to government actor even when political party not in power; India; Mann Party
[14:14] Matter of H-L-S-A-, 28 I&N Dec. 228 (BIA 2021)
- asylum; particular social group; social distinction; gangs; criminal witnesses; public testimony; MS-13; persecution in the United States
[20:11] Matter of Viera-Garcia and Ordonez-Viera, 28 I&N Dec. 223 (BIA 2021)
- NTA; Pereira v. Sessions; voluntary departure; INA § 240B(b); stop-time rule
[24:39] Munoz-Rivera v. Wilkinson, No. 19-60376 (5th Cir. Jan. 27, 2021)
- crime involving moral turpitude (CIMT); deception; use of an unauthorized social security number in violation of 42 U.S.C. § 408(a)(7)(B)
[29:24] Granados Benitez v. Wilkinson, No. 20-1541 (1st Cir. Jan. 28, 2021)
- motion to reopen; changed circumstances; additional evidence; continuances; Matter of L-A-B-R-; U-Visa
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
www.kktplaw.com/
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
www.docketwise.com/immigration-review
"Modern immigration software & case management"
*Want to become a patron of Immigration Review?
Check out our Patreon page at https://www.patreon.com/immigrationreview
*CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: "Immigration Review Podcast" or @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured in the top 15 of Immigration Podcast in the U.S.! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.0
Support the show (https://www.patreon.com/immigrationreview)
[1:48] Introduction
[2:53] Interview with Ed Ramos
Click this link to learn more about Ed!
Helpful resources for issues discussed on the episode:
- Mechanics of filing a PFR
- Practice Advisory on Guerrero-Lasprilla
- Practice Advisory on materiality post-Patel
- Practice Advisory on jurisdiction post-Patel
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
www.kktplaw.com/
Immigration, serious injury, and business lawyers serving clients in Florida, San Diego, and all over the world for over 40 years.
Docketwise
www.docketwise.com/immigration-review
"Modern immigration software & case management"
*Want to become a patron of Immigration Review?
Check out our Patreon page at https://www.patreon.com/immigrationreview
*CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: "Immigration Review Podcast" or @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured in the top 15 of Immigration Podcast in the U.S.! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.0
Support the show (https://www.patreon.com/immigrationreview)
[2:39] Matter of Dikhtyar, 28 I&N Dec. 214 (BIA 2021)
- modified categorical approach; divisibility; Utah Code § 58-37-8(2)(a)(i); controlled substance offenses; different penalties
[10:25] Nkomo v. Att’y Gen. U.S., No. 19-2781 (3d Cir. Jan. 21, 2021)
- motion to reopen; equitable tolling; exhaustion
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
www.kktplaw.com/
Immigration, serious injury, and business lawyers serving clients in Florida, San Diego, and all over the world for over 40 years.
Docketwise
www.docketwise.com/immigration-review
"Modern immigration software & case management"
*Want to become a patron of Immigration Review?
Check out our Patreon page at https://www.patreon.com/immigrationreview
*CONTACT INFORMATION
Email: kgregg@kktplaw.com
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Instagram: @immigrationreview
Twitter: @immreview
*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured in the top 15 of Immigration Podcast in the U.S.! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.0
Support the show (https://www.patreon.com/immigrationreview)
[2:13] Matter of A-B-, 28 I&N Dec. 199 (A.G. 2021)
- past persecution; unable or unwilling; relocation; nexus; but-for cause; Brand-X and Chevron
[8:52] Al Amiri v. Rosen, No. 19-1447 (1st Cir. Jan. 11, 2021)
- asylum; Iraq; objectively reasonable fear; nexus; trips to country of removal
[13:05] Hussein v. Rosen, No. 18-70780 (9th Cir. Jan. 11, 2021)
- asylum; due process rights of pro se respondents; IJ’s duty to develop the record
[17:34] Hassan v. Rosen, No. 19-2918 (8th Cir. Jan. 15, 2021)
- CAT deferral; minority clan; Somalia; acquiescence and willful blindness; repatriation program for Al-Shabaab defectors
[20:04] E.A.C.A. v. Rosen, No. 20-3216 (6th Cir. Jan. 12, 2021)
- motion to reopen; in absentia; exceptional circumstances; child birth; totality of circumstances; minor child
[26:29] Zelaya Diaz v. Rosen, No. 20-1304 (7th Cir. Jan. 15, 2021)
- administrative closure; Accardi doctrine; repapering; cancellation of removal
[31:32] Meraz-Saucedo v. Rosen, No. 20-1438 (7th Cir. Jan. 15, 2021)
- cancellation of removal; Pereira; timeliness; prejudice; Matter of Mendoza-Hernandez; nexus
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
www.kktplaw.com/
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
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"Modern immigration software & case management"
*Want to become a patron of Immigration Review?
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*CONTACT INFORMATION
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Instagram: @immigrationreview
Twitter: @immreview
*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured in the top 15 of Immigration Podcast in the U.S.! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.0
Support the show (https://www.patreon.com/immigrationreview)
[2:26] Matter of O-M-O-, 28 I&N Dec. 191 (BIA 2021)
- adverse credibility; fraudulent document finding; IJ authority; expert testimony
[8:10] Velasquez Alvarado v. U.S. Att'y Gen., No. 20-10599 (11th Cir. Jan. 5, 2021)
- asylum; particular social group; women unable to leave their relationship; Matter of A-B-; women viewed as property
[12:28] Ovalles v. Rosen, No. 17-60498 (5th Cir. Jan. 6, 2021)
- motions to reopen; equitable tolling; change in law
[16:30] Singh v. Rosen, No. 20-3127 (6th Cir. Jan. 7, 2021)
- cancellation of removal; mixed question of law and fact; jurisdiction; standards of review; hardship; Pereira; stop time rule
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
www.kktplaw.com/
Immigration, serious injury, and business lawyers serving clients in Florida, San Diego, and all over the world for over 40 years.
Docketwise
www.docketwise.com/immigration-review
"Modern immigration software & case management"
*Want to become a patron of Immigration Review?
Check out our Patreon page at https://www.patreon.com/immigrationreview
*CONTACT INFORMATION
Email: kgregg@kktplaw.com
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Instagram: @immigrationreview
Twitter: @immreview
*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured in the top 15 of Immigration Podcast in the U.S.! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.0
Support the show (https://www.patreon.com/immigrationreview)
[2:11] Mendoza-Flores v. Rosen, No. 19-60225 (5th Cir. Dec. 29, 2020)
- mootness; removal from the U.S.; collateral legal consequences; T-Visa
[6:59] Flores v. Rosen, No. 17-72888 (9th Cir. Dec. 30, 2020)
- Special Agricultural Worker program (SAW); admissibility; statutory construction
[11:31] USA v. Al-Muwwakkil, No. 18-6201 (4th Cir. Dec. 28, 2020)
- violent felony; ACCA; crime of violence aggravated felony; divisibility; categorical approach; attempted rape in violation of Va. Code Ann. § 18.1-44; burglary in violation of Va. Code Ann. § 18.2-90
[16:17] Garcia-Simisterra v. U.S. Att’y Gen., No. 19-13848 (11th Cir. Dec. 30, 2020)
- INA § 101(a)(43)(M)(i) aggravated felony; +$10,000 amount of loss; circumstance specific approach; plea agreement; nolo contender plea; withhold adjudication of guilt
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
www.kktplaw.com/
Immigration, serious injury, and business lawyers serving clients in Florida, San Diego, and all over the world for over 40 years.
Docketwise
www.docketwise.com/immigration-review
"Modern immigration software & case management"
*Want to become a patron of Immigration Review?
Check out our Patreon page at https://www.patreon.com/immigrationreview
*CONTACT INFORMATION
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Instagram: @immigrationreview
Twitter: @immreview
*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured in the top 15 of Immigration Podcast in the U.S.! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.0
Support the show (https://www.patreon.com/immigrationreview)
[1:47] Interview with the Student Clinic for Immigrant Justice (SCIJ)
- Jonathan Goldman, Executive Director
- Students with SCIJ from Worcester State University and Brown University
- More information here
- Donate here
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
www.kktplaw.com/
Immigration, serious injury, and business lawyers serving clients in Florida, San Diego, and all over the world for over 40 years.
Docketwise
www.docketwise.com/immigration-review
"Modern immigration software & case management"
*Want to become a patron of Immigration Review?
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*CONTACT INFORMATION
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Instagram: @immigrationreview
Twitter: @immreview
*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured in the top 15 of Immigration Podcast in the U.S.! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.0
Support the show (https://www.patreon.com/immigrationreview)
[2:53] Matter of Rivera-Mendoza, 28 I&N Dec. 184 (BIA 2020)
- Or. Rev. Stat. § 163.545(1); crime of child abuse, child neglect, or child abandonment; INA § 237(a)(2)(E)(i)
[7:31] Rad v. Att’y Gen. U.S., No. 19-1404 (3d Cir. Dec. 21, 2020)
- aggravated felony; INA §§ 101(a)(43)(M)(i) and 101(a)(43)(U); deceit; $10,000 amount; CAN-SPAM Act; 18 U.S.C. § 1037(a); Chenery doctrine
[17:26] Mohamed v. Barr, No. 19-3356 (8th Cir. Dec. 23, 2020)
- motion to reopen; changed country conditions; Somalia; in absentia
[20:51] Pojoy-De Leon v. Barr, No. 19-1006 (1st Cir. Dec. 21, 2020)
- asylum; nexus; particular social group; “Guatemalan women”
[23:36] Ruiz Varela v. Barr, No. 19-1994 (1st Cir. Dec. 23, 2020)
- withholding of removal; particular social group; “immediate family”; Honduras
[27:26] Minh Nguyen v. Barr, No. 17-72197 (9th Cir. Dec. 21, 2020)
- asylum; particular social group; drug users; Vietnam; 2008 repatriation agreement
*Sponsors and friends of the podcast!
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Immigration, serious injury, and business lawyers serving clients in Florida, San Diego, and all over the world for over 40 years.
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"Modern immigration software & case management"
*Want to become a patron of Immigration Review?
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*CONTACT INFORMATION
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*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured in the top 15 of Immigration Podcast in the U.S.! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.0
Support the show (https://www.patreon.com/immigrationreview)
[2:22] Matter of M-A-M-Z-, 28 I&N Dec. 173 (BIA 2020)
- asylum; expert testimony; particular social group; nexus; family-based groups; cartels in Mexico; Ren v. Holder, continuances, and corroborating evidence
[7:56] Marquez-Paz v. Barr, No. 19-2230 (1st Cir. Dec. 18, 2020)
- asylum; withholding of removal; nexus to a protected ground; Honduran landowners
[9:41] Addo v. Barr, No. 18-9560 (10th Cir. Dec. 14, 2020)
- asylum; Ghana; reasonable relocation; tribes
[14:38] Hernandez-Alvarez v. Barr, No. 20-1459 (7th Cir. Dec. 16, 2020)
- motion to reconsider; motion to reopen; equitable tolling; departure bar; sexual abuse of a minor aggravated felony; change in law
[22:05] Smith v. U.S. Att’y Gen., No. 19-12622 (11th Cir. Dec. 18, 2020)
- CIMT; Florida vehicular homicide; Fla. Stat. § 782.071; reckless mens rea; vile or depraved conduct
*Sponsors and friends of the podcast!
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Immigration, serious injury, and business lawyers serving clients in Florida, San Diego, and all over the world for over 40 years.
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"Modern immigration software & case management"
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*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured in the top 15 of Immigration Podcast in the U.S.! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.0
Support the show (https://www.patreon.com/immigrationreview)
[2:10] Dos Santos v. U.S. Att'y Gen., No. 19-12383 (11th Cir. Dec. 11, 2020)
- admissions and concessions; “egregious circumstances”; binding on litigants; prejudice
[7:24] Singh, et al. v Barr, No. 19-70932 (9th Cir. Dec. 9, 2020)
- credible fear; expedited removal; INA § 242; jurisdiction; motion to reopen
[10:52] Igiebor v. Barr, No. 19-9579 (10th Cir. Dec. 7, 2020)
- Convention Against Torture (CAT); homosexuality; Nigeria; facilitating return and mootness after removal pending petition; “extraordinary circumstances”; 8 C.F.R. § 1287.6(b) and authentication
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
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Immigration, serious injury, and business lawyers serving clients in Florida, San Diego, and all over the world for over 40 years.
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"Modern immigration software & case management"
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*CONTACT INFORMATION
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Instagram: @immigrationreview
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*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured in the top 15 of Immigration Podcast in the U.S.! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.0
Support the show (https://www.patreon.com/immigrationreview)
Matter of Melgar, 28 I&N Dec. 169 (BIA 2020)
- ineffective assistance of counsel; Lozada; prejudice; Utah Code Ann. § 76-5‑109(3)(B); crime of child abuse, abandon, or neglect
Alfaro-Garcia v. U.S. Att'y Gen., No. 19-12068 (11th Cir. Nov. 30, 2020)
- motion to reopen after removal; reinstatement; jurisdiction
Medina Tovar, et. al. v. Zuchowski, et. al. , No. 18-35072 (9th Cir. Dec. 3, 2020)
- U-Visas; U-nonimmigrant status; Special Appearance by Jesse Imbriano, Legal Director of Casa Cornelia Law Center
Mahmoud v. Barr,No. 19-1777 (1st Cir. Nov. 30, 2020)
- abandonment of LPR status; burdens; applicant for admission
*Sponsors and friends of the podcast!
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www.kktplaw.com/
Immigration, serious injury, and business lawyers serving clients in Florida, San Diego, and all over the world for over 40 years.
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"Modern immigration software & case management"
*Want to become a patron of Immigration Review?
Check out our Patreon page at https://www.patreon.com/immigrationreview
*CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: "Immigration Review Podcast" or @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured as Top 15 Immigration Podcasts! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.0
Support the show (https://www.patreon.com/immigrationreview)
[2:29] Matter of Padilla Rodriguez, 28 I&N Dec. 164 (BIA 2020)
- Temporary Protected Status (TPS); admission; adjustment of status
[8:40] Bedoya v. Barr, No. 19-1930 (4th Cir. Nov. 25, 2020)
- asylum; past persecution; death threats; Colombia; Colombian police officer
[12:42] Hernandez-Serrano v. Barr, No. 20-0367 (6th Cir. Nov. 24, 2020)
- Administrative closure; regulatory interpretation
[18:36] Barrados-Zarate v. Barr, No. 20-1040 (7th Cir. Nov. 24, 2020)
- issue exhaustion; jurisdiction; non-LPR cancellation of removal; Mexico
[21:13] Moallin v. Barr, No. 19-2743 (8th Cir. Nov. 23, 2020)
- Convention Against Torture (CAT); Somalia
[22:51] Vega-Anguiano v. Barr, No. 15-72999 (9th Cir. Nov. 24, 2020)
- reinstatement; gross miscarriage of justice; executing final order; jurisdiction
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
www.kktplaw.com/
Immigration, serious injury, and business lawyers serving clients in Florida, San Diego, and all over the world for over 40 years.
Docketwise
www.docketwise.com/immigration-review
"Modern immigration software & case management"
*Want to become a patron of Immigration Review?
Check out our Patreon page at https://www.patreon.com/immigrationreview
*CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: "Immigration Review Podcast" or @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured as Top 15 Immigration Podcasts! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.0
Support the show (https://www.patreon.com/immigrationreview)
In this special Thanksgiving episode, Kevin speaks with retired immigration Judge Zsa Zsa DePaolo about immigration law, her career, and best practices for all attorneys in immigration court.
[2:53] Interview with retired Immigration Judge Zsa Zsa DePaolo
*Sponsors and friends of the podcast!
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Immigration, serious injury, and business lawyers serving clients in Florida, San Diego, and all over the world for over 40 years.
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"Modern immigration software & case management"
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*CONTACT INFORMATION
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*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured as Top 15 Immigration Podcasts! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.0
Support the show (https://www.patreon.com/immigrationreview)
[2:17] Sanchez Rosales et al. v. Barr, No. 18-70666 (9th Cir. Nov. 18, 2020)
- motion to reopen; ineffective assistance of counsel; in absentia; notario
[6:55] Castillo v. Barr, No. 19-72745 (9th Cir. Nov. 18, 2020)
- Convention Against Torture (CAT); El Salvador; expert testimony; standard for reviewing expert testimony; gang activity; MS-13
[11:20] Celicourt v. Barr, No. 20-1201 (1st Cir. Nov. 17, 2020)
- asylum; evidentiary burden; pattern and practice; evidentiary standard; Haiti; political party in Haiti
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
www.kktplaw.com/
Immigration, serious injury, and business lawyers serving clients in Florida, San Diego, and all over the world for over 40 years.
Docketwise
www.docketwise.com/immigration-review
"Modern immigration software & case management"
*Want to become a patron of Immigration Review?
Check out our Patreon page at https://www.patreon.com/immigrationreview
*CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: "Immigration Review Podcast" or @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured as Top 15 Immigration Podcasts! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.0
Support the show (https://www.patreon.com/immigrationreview)
[2:38] Matter of H-Y-Z-, 28 I&N Dec. 156 (BIA 2020)
- motion to reopen; sua sponte; ineffective assistance of counsel; prejudice; frivolous finding; Lozada in the 3d Circuit
[8:08] Student Clinic for Immigrant Justice
- https://www.scijimmigration.org
[9:18] Wambura v. Barr, No. 19-1360 (4th Cir. Nov. 13, 2020)
- burdens; relief; aggravated felony; INA § 101(a)(43)(M)(i); $10,000 amount of loss; corroboration; CAT deferral; Tanzania
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
www.kktplaw.com/
Immigration, serious injury, and business lawyers serving clients in Florida, San Diego, and all over the world for over 40 years.
Docketwise
www.docketwise.com/immigration-review
"Modern immigration software & case management"
*Want to become a patron of Immigration Review?
Check out our Patreon page at https://www.patreon.com/immigrationreview
*CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: "Immigration Review Podcast" or @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured as Top 15 Immigration Podcasts! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.0
Support the show (https://www.patreon.com/immigrationreview)
[2:26] Matter of Negusie, 28 I&N Dec. 120 (A.G. 2020)
- persecutor bar; asylum and withholding of removal; duress and voluntariness; history of asylum; 1967 protocol; evidentiary burden
[9:33] Khan v. Att’y Gen. U.S., No. 19-1427 (3d Cir. Nov. 3, 2020)
- LPR cancellation of removal; INA § 240A(a); stop-time rule; statutory interpretation; vacated conviction; Conn. Gen. Stat § 21a-279(c) for possession of less than a half ounce of marijuana
[14:47] Suate-Orellana v. Barr, No. 19-60729 (5th Cir. Nov. 4, 2020)
- adverse credibility; motion to remand for new evidence; materiality; withholding of removal; particular social group; gang recruitment; Honduras
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
www.kktplaw.com/
Immigration, serious injury, and business lawyers serving clients in Florida, San Diego, and all over the world for over 40 years.
Docketwise
www.docketwise.com/immigration-review
"Modern immigration software & case management"
*Want to become a patron of Immigration Review?
Check out our Patreon page at https://www.patreon.com/immigrationreview
*CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: "Immigration Review Podcast" or @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured as Top 15 Immigration Podcasts! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.0
Support the show (https://www.patreon.com/immigrationreview)
[2:38] Matter of Pak, 28 I&N Dec. 113 (BIA 2020)
- I-130; fraudulent marriage; INA § 204(c); substantial and probative evidence standard
[7:32] Velasco Lopez v. Decker, et al., No. 19-2284 (2d Cir. Oct. 27, 2020)
- detention; INA § 236(a); due process; Jennings v. Rodriguez
[15:46] Amaya-De Sicaran v. Barr, No. 18-1915 (4th Cir. Oct. 30, 2020)
- asylum; domestic violence; Matter of A-B-; anti-circularity; particular social group; El Salvador
[19:35] Londono-Gonzalez v. Barr, No. 16-60766 (5th Cir. Oct. 26, 2020)
- motion to reopen; INA § 212(c); INA § 242(a)(2)(C); due diligence; equitable tolling
[23:28] Morales Bribiesca v. Barr, No. 20-0348 (6th Cir. Oct. 30, 2020)
- alien smuggling; INA § 212(a)(6)(E)(i); clear, unequivocal, and convincing standard
[27:49] Velasquez v. Barr, et al., No. 19-1148 (8th Cir. Oct. 27, 2020)
- TPS; inspected and admitted; statutory interpretation
[32:09] Velasquez-Rios et al. v. Barr, No. 18-72990 (9th Cir. Oct. 28, 2020)
- Cal. Penal Code § 18.5; CIMT; cancellation of removal; sentence of one year or more; federalism
[36:46] Medina-Rodriguez v. Barr, No. 19-72681 (9th Cir. Oct. 30, 2020)
- drug trafficking aggravated felony; INA § 101(a)(43)(B); Cal. Health & Safety Code § 11359; marijuana; categorical approach – date of conviction analysis
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
www.kktplaw.com/
Immigration, serious injury, and business lawyers serving clients in Florida, San Diego, and all over the world for over 40 years.
Docketwise
www.docketwise.com/immigration-review
"Modern immigration software & case management"
*Want to become a patron of Immigration Review?
Check out our Patreon page at https://www.patreon.com/immigrationreview
*CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: "Immigration Review Podcast" or @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured as Top 15 Immigration Podcasts! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.0
Support the show (https://www.patreon.com/immigrationreview)
[2:13] Grijalva Martinez v. Att'y Gen. U.S., No. 191740 (3d Cir. Oct. 21, 2020)
- aggravated felony; criminal sexual contact - N.J. Stat. Ann. § 2C:14-3(b) and 2C:14-2(c)(4); endangering the welfare of children - N.J. Stat. Ann. § 2C:24-4(a)(1); particularly serious crime
[8:40] Ortega-Lopez v. Barr, No. 18-72441 (9th Cir. Oct. 20, 2020)
- CIMT; Chevron deference; 7 U.S.C. § 2156(a)(1); animal fighting; cancellation of removal; INA §240A(b)(1)(C)
[14:31] Martinez-Perez v. Barr, 947 F.3d 1273 (10th Cir. 2020)
- cancellation of removal; age-out (age out) of qualifying relative
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
www.kktplaw.com/
Immigration, serious injury, and business lawyers serving clients in Florida, San Diego, and all over the world for over 40 years.
Docketwise
www.docketwise.com/immigration-review
"Modern immigration software & case management"
*Want to become a patron of Immigration Review?
Check out our Patreon page at https://www.patreon.com/immigrationreview
*CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: "Immigration Review Podcast" or @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured as Top 15 Immigration Podcasts! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.0
Support the show (https://www.patreon.com/immigrationreview)
[2:55] Hincapie-Zapata v. U.S. Att’y Gen., No. 18-10229 (11th Cir. Oct. 13, 2020)
- material support of terrorism; INA § 212(a)(3)(B)(i)(I), (iv)(VI); duress; de minimus support
[9:13] Hernandez-Cartagena v. Barr, No. 19-1823 (4th Cir. Oct. 14, 2020)
- asylum; particular social group; family; nexus; El Salvador
[14:12] Larios v. Att’y Gen. U.S., No. 19-2594 (3d Cir. Oct. 14, 2020)
- CIMT; terroristic threats; modified categorical approach; divisibility; mens rea; recklessness; N.J. Stat. Ann. § 2C:12-3(a)
[21:18] Cortes-Maldonado v. Barr, No. 18-70927 (9th Cir. Oct. 15, 2020)
- aggravated felony; illicit trafficking in a controlled substance; INA § 101(a)(43)(B); commercial activity; solicitation; inchoate offenses; Or. Rev. Stat. § 475.860
[26:32] Mukulumbutu v. Barr, No. 19-72499 (9th Cir. Oct. 13, 2020)
- adverse credibility; inconsistencies and omissions; border interview; asylum; Democratic Republic of Congo; due process
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
www.kktplaw.com/
Immigration, serious injury, and business lawyers serving clients in Florida, San Diego, and all over the world for over 40 years.
Docketwise
www.docketwise.com/immigration-review
"Modern immigration software & case management"
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*Featured as Top 15 Immigration Podcasts! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.0
Support the show (https://www.patreon.com/immigrationreview)
In this episode of John Khosravi's Immigration Lawyers Podcast, John chats with me about life, the practice of law, the state of immigration, and more. I hope you enjoy it! Don't forget to check out the Immigration Lawyers Podcast at https://immigrationlawyerstoolbox.com/podcast or wherever you get your podcasts, and the Immigration Lawyers Toolbox at https://immigrationlawyerstoolbox.com!
[3:10] John Khosravi feat. Kevin A. Gregg
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
www.kktplaw.com/
Immigration, serious injury, and business lawyers serving clients in Florida, San Diego, and all over the world for over 40 years.
Docketwise
www.docketwise.com/immigration-review
"Modern immigration software & case management"
*Want to become a patron of Immigration Review?
Check out our Patreon page at https://www.patreon.com/immigrationreview
*CONTACT INFORMATION
Email: kgregg@kktplaw.com
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Twitter: @immreview
*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured as Top 15 Immigration Podcasts! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.0
Support the show (https://www.patreon.com/immigrationreview)
[2:35] Matter of Voss,28 I&N Dec. 107 (BIA 2020)
- INA § 240A(b); LPR cancellation of removal; affect of receiving immigration relief; DHS authority to charge; INA § 212(c)
[11:13] Jimenez-Aguilar v. Barr, No. 19-1917 (7th Cir. Oct. 6, 2020)
- 8 C.F.R. § 1240.11(c)(1); IJ failure to warn; definition of persecution; definition of harm; deference; gang violence; Honduras
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
www.kktplaw.com/
Immigration, serious injury, and business lawyers serving clients in Florida, San Diego, and all over the world for over 40 years.
Docketwise
www.docketwise.com/immigration-review
"Modern immigration software & case management"
*Want to become a patron of Immigration Review?
Check out our Patreon page at https://www.patreon.com/immigrationreview
*CONTACT INFORMATION
Email: kgregg@kktplaw.com
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*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured as Top 15 Immigration Podcasts! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.0
Support the show (https://www.patreon.com/immigrationreview)
[2:11] Immigrant Legal Resource Center, et al. v. Wolf, et al. (NDCA Sept. 29, 2020)
- preliminary injunction; USCIS fees; executive authority
[6:26] Zhakira v. Barr, No. 18-1470 (1st Cir. Oct. 2, 2020)
- asylum; particular social group; westernized individuals; Al Shabab; Kenya
[9:38] Hernandez-Morales v. Att’y Gen. U.S., No. 193000 (3d Cir. Oct. 1, 2020)
- jurisdiction; INA § 242(a)(2)(B)(i); criminal-alien bar; Guerrero-Lasprilla
[14:55] Mirambeaux v. Att’y Gen. U.S., No. 193224 (3d Cir. Oct. 2, 2020)
- continuances; jurisdiction; INA § 242(a)(2)(C); due process; Guerrero-Lasprilla; Nasrallah
[21:04] Velasquez-Gaspar v. Barr, No. 17-71964 (9th Cir. Sept. 30, 2020)
- asylum; unable or unwilling to protect; domestic violence; women; El Salvador
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
www.kktplaw.com/
Immigration, serious injury, and business lawyers serving clients in Florida, San Diego, and all over the world for over 40 years.
Docketwise
www.docketwise.com/immigration-review
"Modern immigration software & case management"
*Want to become a patron of Immigration Review?
Check out our Patreon page at https://www.patreon.com/immigrationreview
*CONTACT INFORMATION
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Facebook: "Immigration Review Podcast" or @immigrationreview
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*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured as Top 15 Immigration Podcasts! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.0
Support the show (https://www.patreon.com/immigrationreview)
[01:19] Matter of A-C-A-A-, 28 I&N Dec. 84 (A.G. 2020)
- asylum; humanitarian asylum; particular social group; nexus; Salvadoran women; El Salvador
[07:21] Matter of J-G-T-, 28 I&N Dec. 97 (BIA 2020)
- expert testimony; State Department reports; Iran; Mexico
[12:53] Torres v. Barr, No. 13-70653 (9th Cir. Sept. 24, 2020)
- inadmissibility; INA § 212(a)(7)(a)(i)(I); INA § 212(a)(6)(A)(i); statutory interpretation; Commonwealth of the Northern Mariana Islands (CNMI)
[18:31] Loja-Tene v. Barr, No. 19-2192 (1st Cir. Sept. 21, 2020)
- asylum; nexus; family group; criminal recruitment; Ecuador
[21:09] Lee v. Barr, No. 19-1516 (1st Cir. Sept. 22, 2020)
- continuances; withholding of removal; wealthy immigrants; particular social group; Jamaica; voluntary departure
[26:44] Avitso v. Barr, No. 20-1117 (8th Cir. Sept. 22, 2020)
- motion to reopen; in absentia; ineffective assistance of counsel; substantial compliance with Matter of Lozada
*Want to become a patron of Immigration Review?
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*CONTACT INFORMATION
Email: kgregg@kktplaw.com
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Twitter: @immreview
*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured as Top 15 Immigration Podcasts! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.0
Support the show (https://www.patreon.com/immigrationreview)
[02:13] Ramos et al. v. Wolf et al., No. 18-16981 (9th Cir. Sept. 14, 2020)
- TPS; jurisdiction; APA; equal protection
[05:57] Bare v. Barr, No. 17-73269 (9th Cir. Sept. 16, 2020)
- asylum-only proceedings; inadmissibly and asylee status; changing from stowaway to asylee status; 18 U.S.C. §§ 922(g)(1) and 924(a)(2); particularly serious crime; Matter of N-A-M-; Somalia
[15:54] Safaryan v. Barr, No. 16-74039 (9th Cir. Sept. 17, 2020)
- CIMT; Cal. Pen. Code § 245(a)(1), assault with a deadly weapon other than a firearm; Matter of Wu; Chevron deference
[20:29] Rodriguez v. Barr, No. 18-1070 (2d Cir. Sept. 18, 2020)
- INA § 101(a)(43)(A) – sexual abuse of minor; aggravated felony; New York Penal Law § 130.65(3)
[23:53] Santana v. Barr, No. 18-2755 (2d Cir. Sept. 18, 2020)
- aggravated felony theft offense; INA § 101(a)(43)(G); receipt of stolen property
[27:43] Gomez-Medina v. Barr, No. 19-2280 (1st Cir. Sept. 15, 2020)
- asylum; unable or unwilling to protect; Honduras
[31:35] Du v. Barr, No. 18-60792 (5th Cir. Sept. 14, 2020)
- asylum; nexus; political opinion; anti-corruption; China
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*CONTACT INFORMATION
Email: kgregg@kktplaw.com
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Instagram: @immigrationreview
Twitter: @immreview
*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured as Top 15 Immigration Podcasts! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.0
Support the show (https://www.patreon.com/immigrationreview)
[2:03] Guerra v. Barr, No. 18-71070 (9th Cir. Sept. 11, 2020)
- deferral of removal under the CAT; mental health institution; Mexico; standard of review; de novo review
[8:19] J.R. v. Barr, No. 18-72812 (9th Cir. Sept. 11, 2020)
- asylum; unable or unwilling to protect; El Salvador; Mara 18 gang
*Want to become a patron of Immigration Review?
Check out our Patreon page at https://www.patreon.com/immigrationreview
*CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: "Immigration Review Podcast" or @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured as Top 15 Immigration Podcasts! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.0
Support the show (https://www.patreon.com/immigrationreview)
Cases as discussed in order:
[01:54] Matter of R-C-R-, 28 I&N Dec. 74 (BIA 2020)
- continuances; abandonment of relief; good cause; motion to reconsider; motion to reopen; due process; video hearings; televideo hearings
[08:18] A.A. v. Att’y Gen. U.S., No. 171176 (3d Cir. Sept. 2, 2020)
- material support of terrorism; Tier III terrorist group; state actor; asylum, withholding of removal, convention against torture; Syria; statutory interpretation; absurd results; foreign relations; refoulement; Convention Relating to the Status of Refugees; terrorism exemption; terrorism waiver
[13:33] Portillo-Flores v. Barr, No. 19-1591 (4th Cir. Sept. 2, 2020)
- asylum; unable or unwilling to control; substantial evidence standard; El Salvador;
[18:50] Ahmed v. Barr, No. 183704 (8th Cir. Sept. 4, 2020)
- deferral of removal under the Convention Against Torture; conversion to Christianity from Islam; motion to reopen; Bangladesh; reviewability
[22:17] Jaimes-Cardenas v. Barr, No. 19-71849 (9th Cir. Sept. 1, 2020)
- VAWA cancellation of removal; Violence Against Women Act; INA § 240A(b)(2); INA § 237(a)(7); INA § 240A(b)(5); statutory construction
*Want to become a patron of Immigration Review?
Check out our Patreon page at https://www.patreon.com/immigrationreview
*CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: "Immigration Review Podcast" or @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured as Top 15 Immigration Podcasts! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.0
Support the show (https://www.patreon.com/immigrationreview)
Cases as discussed in order:
[03:04] Iman v. Barr, No. 17-72318 (9th Cir. Aug. 25, 2020)
- adverse credibility; unresponsive testimony; omissions; asylum; Somalia
[09:11] Aliyev v. Barr, No. 19-72701 (9th Cir. Aug. 24, 2020)
- Motion to reopen to apply for asylum; 8 C.F.R § 1003.2(c)(1); attaching application to motion
[12:03] Yoon, et al. v. Barr, Nos. 17-70624, 17-70670 (9th Cir. Aug. 25, 2020)
- perjury; Cal. Pen. Code § 118(a); Matter of Alvarado; INA § 101(a)(43)(S)
[16:44] Soto-Vittini v. Barr, No. 19-1372 (1st Cir. Aug. 24, 2020)
- INA § 101(a)(43)(B); illicit trafficking in a controlled substance; mens rea; accomplice liability; Mass. Gen. Laws ch. 94C, § 32A(a)
[19:44] Franjul-Soto v. Barr, No. 19-1859 (1st Cir. Aug. 24, 2020)
- VAWA; evidentiary standard for motion to reopen; prima facie case for motion to reopen
[23:07] Flores-Moreno v. Barr, No. 19-60017 (5th Cir. Aug. 24, 2020)
- motion to reopen; equitable tolling; due diligence; ineffective assistance of counsel
[26:14] Romero v. Att’y Gen. U.S., No. 193550 (3d Cir. Aug. 25, 2020)
- withholding of removal; reasonable fear; standard of review; Mexico
[31:47] Listener Question
*Want to become a patron of Immigration Review?
Check out our Patreon page at https://www.patreon.com/immigrationreview
*CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: "Immigration Review Podcast" or @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured as Top 15 Immigration Podcasts! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.0
Support the show (https://www.patreon.com/immigrationreview)
Cases as discussed in order:
[02:16] Rampersaud v. Barr, No. 19-825 (2d Cir. Aug. 19, 2020)
- INA § 101(a)(43)(M)(i); loss exceeding $10,000; NYPL § 176.20; insurance fraud; NYPL § 155.30grand larceny; burdens
[07:46] Mota v. Barr, No. 19-1385 (2d Cir. Aug. 17, 2020)
- Conn. Stat. § 21a-277(a)(1); CIMT; INA § 237(a)(2)(A)(ii); intent; reprehensible conduct; drug trafficking
[10:10] Cabeda v. Att’y Gen. U.S., No. 19-1835 (3d Cir. Aug. 18, 2020)
- INA § 101(a)(43)(A); sexual abuse of a minor; 18 Pa. Cons. Stat. § 3123(a)(7); mens rea; realistic probability test
[16:26] Abdullah v. Att’y Gen. U.S., No. 19-1167 (3d Cir. Aug. 20, 2020)
- motion for certification of late filed appeal; 8 C.F.R. § 1003.1(c); jurisdiction; BIA discretion
[18:59] Argueta v. Barr, No. 18-2514 (4th Cir. Aug. 18, 2020)
- LPR cancellation; “rendered inadmissible”; Barton v. Barr
[20:28] Cheneau v. Barr, No. 15-70636 (9th Cir. Aug. 19, 2020)
- derivative citizenship; 8 U.S.C. § 1432(a); 8 U.S.C. § 1431(a); 18 U.S.C. § 16(b)
[26:14] Patel, et al. v. U.S. Att’y Gen., No. 17-10636 (11th Cir. Aug. 19, 2020) (en banc)
- jurisdiction; INA § 242(a)(2)(B); false claim to citizenship; materiality
*Want to become a patron of Immigration Review?
Check out our Patreon page at https://www.patreon.com/immigrationreview
*CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: "Immigration Review Podcast" or @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured as Top 15 Immigration Podcasts! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.0
Support the show (https://www.patreon.com/immigrationreview)
Cases as discussed in order:
[2:01] Akosung v. Barr, No. 17-72829 (9th Cir. Aug. 14, 2020)
- asylum; reasonable relocation; particular social group; social distinction; marital rape; Cameroon
[6:07] Syed v. Barr,No. 17-71727 (9th Cir. Aug. 12, 2020)
- CIMT; Cal. Pen Code § 288.3(a) vis a vis § 288: attempting to communicate with a child with the intent to commit lewd or lascivious acts upon that child; intent; knowledge; age of the child
[12:02] Gomez Fernandez v. Barr,No. 19-70079 (9th Cir. Aug. 13, 2020)
- aggravated felony; Cal. Pen. Code §187(a); murder; INA § 101(a)(43)(A); divisibility
[17:29] Enriquez v. Barr,No. 13-72934 (9th Cir. Aug. 13, 2020)
- VAWA; admission; admitted in any status; LPR cancellation of removal; INA § 240A(a)
[23:06] Lopez-Garcia et al. v. Barr, No. 19-2081 (7th Cir. Aug. 11, 2020)
- motion to reconsider and motion to reopen to apply for asylum
[24:56] Salazar-Marroquin v. Barr, No. 19-1669 (7th Cir. Aug. 13, 2020)
- motion to reopen; sua sponte; incorrect charge in NTA; Pereira and Ortiz motion to terminate; prejudice
[29:08] Fatima Fuentes v. Barr, No. 19-1773 (8th Cir. Aug. 12, 2020)
- asylum; particular social group; family claims; El Salvador
[32:49] Lingeswaran v. U.S. Att’y Gen., No. 18-13489 (11th Cir. Aug. 13, 2020)
- asylum, withholding of removal, and protection under the Convention Against Torture; Sri Lanka
*Want to become a patron of Immigration Review?
Check out our Patreon page at https://www.patreon.com/immigrationreview
*CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: "Immigration Review Podcast" or @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured as Top 15 Immigration Podcasts! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.0
Support the show (https://www.patreon.com/immigrationreview)
Cases as discussed in order:
[01:55] Valenzuela Gallardo v. Barr, No. 18-72593 (9th Cir. Aug. 6, 2020)
- INA § 101(a)(43)(S) aggravated felony “offense relating to obstruction of justice”; law of the case doctrine; “relating to”; Chevron deference
[08:50] Diaz-Reynoso v. Barr, No. 18-72833 (9th Cir. Aug. 7, 2020)
- asylum; withholding of removal; torture protection; Mexico; Matter of A-B-; particular social group - circularity
[17:05] Davila v. Barr, No. 17-72173 (9th Cir. Aug. 7, 2020)
- asylum; domestic violence; Nicaragua; unable or unwilling to protect; cherry picking the record
[20:56] Matter of Nivelo Cardenas, 28 I&N Dec. 68 (BIA 2020)
- motion to reopen; in absentia; address requirement; duty to ensure correct information in NTA
[24:41] Machado Sigaran v. Barr, No. 19-1282 (1st Cir. Aug. 5, 2020)
- temporary protected status (TPS); no-notice motion to reopen; appellate review; circuit review
[28:53] Antonio Garcia v. Barr, No. 19-60097 (5th Cir. Aug. 4, 2020)
- sexual assault of a child; crime of child abuse; INA § 237(a)(2)(E)(i); Chevron deference
[34:52] Cuevas-Nuno v. Barr, No. 20-3034 (6th Cir. Aug. 7, 2020)
- issue exhaustion; motion to reopen; extraordinary circumstances vs. sua sponte; circuit review
[39:06] Galeano-Romero v. Barr, No. 19-9585 (10th Cir. Aug. 4, 2020)
- non-LPR cancellation of removal; exceptional and extremely unusual hardship; jurisdiction to review factual findings
*Want to become a patron of Immigration Review?
Check out our Patreon page at https://www.patreon.com/immigrationreview
*CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: "Immigration Review Podcast" or @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured as Top 15 Immigration Podcasts! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.0
Support the show (https://www.patreon.com/immigrationreview)
Cases as discussed in order:
[01:55] Matter of Reyes, 28 I&N Dec. 52 (A.G. 2020)
- categorical approach; aggravated felony; theft; fraud; NY Pen. L. § 155.40(1)
[10:25] Orellana v. Barr, No. 19-70164 (9th Cir. July 28, 2020)
- CIMT; Cal. Pen Code § 646.9(a); stalking; Skidmore deference; single scheme of criminal conduct
[13:46] Johnson v. Barr, No. 19-9550 (10th Cir. July 31, 2020)
- categorical approach; divisibility; Colorado Revised Statutes § 18-18-403.5(1), (2)(a); drug schedules
[18:03] Gao v. Barr, No. 18-358 (2d Cir. July 28, 2020)
- asylum; credibility; religious persecution; China; Chinese Christians
[21:30] Sathanthrasa v. Att'y Gen. U.S., No. 18-2925 (3d Cir. July 30, 2020)
- asylum; withholding; 8 C.F.R. § 1208.16(e); family unity; Sri Lanka; discretion
[26:58] Gjetani v. Barr, No. 18-60827 (5th Cir. July 30, 2020)
- asylum; political opinion; Albania; past persecution; standard of review
[30:56] Deep v. Barr, No. 19-60391 (5th Cir. July 27, 2020)
- motion to reopen; changed country conditions; India
[33:48] Marqus v. Barr, No. 18-4252 (6th Cir. July 30, 2020)
- deferral of removal; Chaldean Christian; Convention Against Torture; Iraq
[36:36] Lasu v. Barr, No. 18-3550 (8th Cir. July 31, 2020)
- deferral of removal; Convention Against Torture; Egypt; South Sudan; minority clans
[39:32] Alzawed v. Barr, No. 19-2425 (8th Cir. July 31, 2020)
- deferral of removal; Convention Against Torture; Iraq; res judicata
*Want to become a patron of Immigration Review?
Check out our Patreon page at https://www.patreon.com/immigrationreview
*CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: "Immigration Review Podcast" or @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured as Top 15 Immigration Podcasts! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.0
Support the show (https://www.patreon.com/immigrationreview)
Cases as discussed in order:
[2:31] Matter of P-B-B-, 28 I&N Dec. 43 (BIA 2020)
- controlled substance offenses; divisibility; ARS § 13-3407; Arizona
[8:48] Dale v. Barr, No. 18-1081 (2d Cir. July 23, 2020)
- derivative citizenship; 8 U.S.C. § 1432(a); equal protection; New York; NYPL § 120.05(2) aggravated assault; 8 U.S.C. § 16(a)
[13:41] Shire v. Barr, No. 19-1714(8th Cir. July 23, 2020)
- motion to reopen; changed country conditions; Somalia
[15:35] Gonzalo Dominguez v. Barr, 18-72731 (9th Cir. July 21, 2020)
- drug trafficking aggravated felonies; divisibility; manufacturing; delivery; particularly serious crimes; Oregon Revised Statutes; ORS § 475.992(1)(a)
[22:08] Sanabria Morales v. Barr, No. 17-1634 (1st Cir. July 24, 2020)
- CAT; deferral of removal; Venezuela; particularly serious crime; drug trafficking; Matter of Y-L-; presumption
[25:52] Blanco v. Att'y Gen. U.S., No. 19-3658 (3d Cir. July 24, 2020)
- asylum; persecution; harm; corroboration; Honduras
[30:45] Sanchez et al. v. DHS et al., No. 19-1311 (3d Cir. July 22, 2020)
- TPS; admission
[34:19] Santos-Alvarado v. Barr, 19-60432 (5th Cir. July 21, 2020)
- adverse credibility; asylum; exhaustion; due process; witness testimony; El Salvador
[37:35] Skripkov v. Barr, No. 19-3922 (6th Cir. July 20, 2020)
- asylum; political opinion; anti-corruption; prosecution vs. persecution; Russia
*Want to become a patron of Immigration Review?
Check out our Patreon page at https://www.patreon.com/immigrationreview
*CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: "Immigration Review Podcast" or @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured as Top 15 Immigration Podcasts! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.0
Support the show (https://www.patreon.com/immigrationreview)
In this episode of Bill Crocker's "ReThinking" podcast, Bill chats with me about my background and experiences in practicing immigration law. I hope you enjoy it! Don't forget to check out other ReThinking episodes at https://anchor.fm/bill-crocker or wherever you get your podcasts!
Facebook: @rethinkingpodc1
Twitter: @rethinkingpodc1
Instagram: @Bill4Earth
DISCLAIMER:
Immigration Review is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.0/
Support the show (https://www.patreon.com/immigrationreview)
Cases as discussed in order:
[1:55] Matter of O-F-A-S-, 28 I&N Dec. 35 (A.G. 2020)
- CAT; public official; “under color of law”; rogue official
[6:01] Matter of M-D-C-V-, 28 I&N Dec. 18 (BIA 2020)
- Migrant Protection Protocols; MPP; applicant for admission; arriving alien; asylum; right to counsel
[12:07] Millan-Hernandez v. Barr, No. 18-2107 (2d Cir. July 13, 2020)
- motion to suppress; motion to terminate; Fourth Amendment; egregious violation; Constitution
[17:38] Ordonez Azmen v. Barr, No. 17-982 (2d Cir. July 13, 2020)
- asylum; particular social group; former gang members; motion to remand; changed country conditions
[24:05] Jack et al. v. Barr, 18-842, 18-1479 (2d Cir. July 16, 2020)
- firearm offense; firearm aggravated felony; antique firearms; realistic probability test
[27:26] Nunez-Vasquez v. Barr, No. 19-1841 (4th Cir. July 13, 2020)
- CIMT; intent; morally reprehensible; identity theft
[32:25] Escobedo-Marquez, et al. v. Barr, No. 19-1025 (7th Cir. July 13, 2020)
- asylum; persecution; well-founded fear; LGBTQ; pattern and practice; Mexico
[36:14] Eduardo Rendon v. U.S. Att’y Gen., No. 19-10197 (11th Cir. July 14, 2020)
- LPR cancellation of removal; stop time rule; retroactivity
*Want to become a patron of Immigration Review?
Check out our Patreon page at https://www.patreon.com/immigrationreview
*CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: "Immigration Review Podcast" or @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured as Top 15 Immigration Podcasts! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.0/
Support the show (https://www.patreon.com/immigrationreview)
Cases as discussed in order:
[1:28] Canal A Media Holding, LLC et al. v. USCIS, No. 18-cv-24027 (11th Cir. July 8, 2020)
- jurisdiction; APA; L-1A visas; nonimmigrant denials; challenging USCIS action
[9:43] Sharif v. Barr, No. 19-1478 (8th Cir. July 7, 2020)
- motion to reopen; changed country conditions; Somalia; jurisdiction
[15:27] Kilic v. Barr, No. 19-4076 (6th Cir. July 10, 2020)
- 212(h) waiver; equal protection; CAT; Bosnia
[19:09] Ottey v. Barr, No. 18-834 (2d Cir July 7, 2020)
- inspection and admission; procedurally regular admission; burden of proof; due process; evidentiary burden; New York Penal Law § 165.5; CIMT
[23:28] Silva v. Barr, No. 16-70130 (9th Cir. July 10, 2020)
- CIMT; petty theft; Cal. Pen Code § 484(a); categorical approach; changed country condition motions to reopen; Philippines
[29:34] Gordon v. Barr, No. 19-1539 (4th Cir. July 8, 2020)
- realistic probability test; Virginia Code § 18.2-280(A); willful discharge of “any firearm” in a public place without resulting bodily injury; INA § 237(a)(2)(C) firearm offense
*Want to become a patron of Immigration Review?
Check out our Patreon page at https://www.patreon.com/immigrationreview
*CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: "Immigration Review Podcast" or @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured as Top 15 Immigration Podcasts! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.0/
Support the show (https://www.patreon.com/immigrationreview)
Cases as discussed in order:
[1:26] Capital Area Immigrants’ Rights Coalition, et al. v. Trump, et al., No, 19-2117 (D.D.C. June 30, 2020)
- asylum; Administrate Procedures Act; APA; injunctions; third-country transit rule
[8:25] Nastase v. Barr, No. 18-60264 (5th Cir. July 1, 2020)
- derivative citizenship; refugee status; lawful admission for permanent residence; INA § 209(c); discretionary waiver
[13:30] Diaz Torres v. Barr, No. 18-70141 (9th Cir. June 29, 2020)
- particular social group; asylum; Mexico; Sinaloa; “agronomists who refuse to cooperate with drug cartels”
*CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: "Immigration Review Podcast" or @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured as Top 15 Immigration Podcasts! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.0/
Support the show (https://www.patreon.com/immigrationreview)
Cases as discussed in order:
[01:44] DHS et al. v. Thuraissigiam, No. 19-161 (U.S. June 25, 2020)
- expedited removal; credible fear; habeas corpus; jurisdiction; due process; Suspension Clause
[07:12] Meza-Morales v. Barr, No. 19-1999 (7th Cir. June 26, 2020)
- administrative closure; Matter of Castro Tum; U visa; INA § 212(d)(3)(A) waiver
[14:04] Ortiz v. Barr, No. 19-1285 (8th Cir. June 23, 2020)
- CIMT; obstruction of legal process; obstruction of justice; general intent crimes
[19:26] Gordon v. U.S. Att’y Gen., No. 18-14513 (11th Cir. June 24, 2020)
- aggravated felony; illicit trafficking; Georgia possession of a controlled substance with intent to distribute; ecstasy
[26:02] Valadez-Lara v. Barr, No. 19-4013 (6th Cir. June 26, 2020)
- in absentia motion to reopen; notice; NTA
[29:12] Tanusantoso, et al. v. Barr, No. 18-1440 (2d Cir. June 23, 2020)
- motion to reopen; changed country conditions; Indonesian Christians
[32:57] Cedillos-Cedillos v. Barr, No. 18-2233 (4th Cir. June 26, 2020)
- asylum; El Salvador; “nuclear family”; witness to crime; nexus
[35:52] Omar v. Barr, No. 18-3351 (8th Cir. June 26, 2020)
- CAT; deferral of removal; Somalia
[39:06] Xochihua-Jaimes v. Barr, No. 18-71460 (9th Cir. June 26, 2020)
- CAT; deferral of removal; Mexico; acquiescence of a public official; relocation; Los Zetas; LGBTQ; lesbian
*CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: "Immigration Review Podcast" or @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured as Top 15 Immigration Podcasts! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.0/
Support the show (https://www.patreon.com/immigrationreview)
Special guest Ira J. Kurzban reviews SCOTUS's DACA Decision—DHS, et al. v. Regents of the University of California, et al., No. 18-587 (U.S. June 18, 2020).
Topics as discussed in order:
- [01:50] Brief Overview and Breakdown of SCOTUS Votes
- [04:15] DACA Ruling
- [04:58] History of DACA
- [07:44] Expanded DACA and DAPA
- [13:17] History of APA
- [17:18] APA Reviewabilty
- [19:34] INA Preclusion/Jurisdiction-Stripping Statutes
- [23:24] Rescission of DACA is "arbitrary and capricious" in violation of the APA.
- [30:56] Thoughts on the Dissenting and Concurring Opinions
- [33:48] Equal Protection Claim
- [34:31] Saving the Court as an Institution
- [37:22] Practical Implications on Pending Federal Litigation
- [39:20] What should DACA/DACA-eligible recipients be doing right now?
- [40:13] Immigrants' List and "The End of Immigration under Trump.
*Get involved with Immigrants' List!
Web: https://www.immigrantslist.org
Twitter: @ImmigrantsList1
Email: info@immigrantslist.org
*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
Email: kgregg@kktplaw.com
Facebook: "Immigration Review Podcast" or @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured as Top 15 Immigration Podcasts! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.0/
Support the show (https://www.patreon.com/immigrationreview)
Cases as discussed in order:
[1:29] DHS, et al. v. Regents of the University of California, et al., No. 18-587 (U.S. June 18, 2020)
- DACA; Administrative Procedures Act; executive power
[3:01] Matter of R. I. Ortega, 28 I&N Dec. 9 (BIA 2020)
- INA 204(c)(2); sham marriage; K-1 visa; conspiracy
[9:48] Hernandez Lara v. Barr, No. 19-1524 (1st Cir. June 15, 2020)
- right to counsel; due process; prejudice; continuance
[17:18] Damian Ferreyra v. Barr, Nos. 18-3021 & 19-2055 (7th Cir. June 16, 2020)
- visa waiver program; asylum; waiver of right to removal proceedings
[21:46] Cordoba v. Barr, 17-71655 (9th Cir. June 16, 2020)
- asylum; particular social group; “wealthy landowners in Colombia”
*CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: "Immigration Review Podcast" or @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured as Top 15 Immigration Podcasts! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.0/
Support the show (https://www.patreon.com/immigrationreview)
Cases as discussed in order:
[1:11] Alexis v. Barr, No. 18-60748 (5th Cir. June 8, 2020)
- controlled substance; Texas; realistic probability test; categorical approach; CAT
[9:40] Tejeda v. Barr, No. 13-74391 (9th Cir. June 8, 2020)
- controlled substance; California; categorical approach; divisibility
[12:46] Martinez de Artiga v. Barr, No. 17-2898 (2d Cir. June 10, 2020)
- CAT; asylum; MS-13; gang recruitment
[16:35] Matter of F-S-N-, 28 I&N Dec. 1 (BIA 2020)
- motion to reopen; changed country conditions; adverse credibility
[23:19] Garcia v. Barr, No. 19-3489 (6th Cir. June 8, 2020)
- unaccompanied alien minor; jurisdiction; asylum; CAT
*CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: "Immigration Review Podcast" or @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured as Top 15 Immigration Podcasts! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.0/
Support the show (https://www.patreon.com/immigrationreview)
Cases as discussed in order:
[1:13] Nasrallah v. Barr, No. 18-1432 (U.S. June 1, 2020)
- CAT; jurisdiction; INA § 242(a)(2)(C); final order of removal
[7:39] Grigoryan v. Barr, No. 16-73652(9th Cir. June 2, 2020)
- asylum termination; Report of Investigation; ROI
[13:06] Roy v. Barr, No. 15-72942 (9th Cir. June 4, 2020)
- derivative citizenship; 8 U.S.C. § 1432(a)(3); equal protection
[17:56] Moran v. Barr, No. 18-73167 (9th Cir. June 2, 2020)
- CIMT; Cal. Veh. Code § 2800.4; vehicular flight from a police officer while driving against traffic
[20:48] Point Du Jour v. U.S. Att'y Gen., No. 18-15235 (11th Cir. June 4, 2020)
- ineffective assistance of counsel; Matter of Lozada; substantial compliance
*CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: "Immigration Review Podcast" or @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: http://immigrationreview.buzzsprout.com
*Featured as Top 15 Immigration Podcasts! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.0/
Support the show (https://www.patreon.com/immigrationreview)
Cases as discussed in order:
[1:31] Williams v. Barr, No. 18-2535 (2nd Cir. May 27, 2020)
- antique firearms exception; INA § 237(a)(2)(C); categorical approach; realistic probability test
[7:30] Mendez v. Barr, No. 18-801 (2nd Cir. May 27, 2020)
- CIMTs; Matter of Mendez, 27 I&N Dec. 219, 225 (BIA 2018); 18 U.S.C. § 4; misprision of a felony
[14:54] Kondjoua v. Barr, No. 16-296 (2nd Cir. May 28, 2020)
- aggravated felony; crime of violence; INA § 101(a)(43)(F); 18 U.S.C. § 16(a); sexual assault; Conn. Gen. Stat. § 53a-72a(a)(1)
[20:38] Bannister et al. v. Barr, No. 18-2638(8th Cir. May 26, 2020)
- controlled substance offenses; categorical approach; Minn. Stat. § 152.025, subd. 2; fifth-degree possession of a controlled substance
[24:56] Prieto-Pineda v. Barr, No. 19-1347 (8th Cir. May 28, 2020)
- asylum, withholding of removal, CAT; El Salvador; gangs; Mara-18
[29:10] Chen v. Barr, No. 19-2375 (7th Cir. May 29, 2020)
- Pereira v. Sessions; INA § 240A(b); cancellation of removal; stop-time rule; claims processing rule
*CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: "Immigration Review Podcast" or @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: http://immigrationreview.buzzsprout.com
*Featured as Top 15 Immigration Podcasts! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.0/
Support the show (https://www.patreon.com/immigrationreview)
Cases as discussed in order:
[01:33] Guzman Vazquez v. Barr, No. 19-3417 (6th Cir. May 18, 2020)
- withholding of removal; “one central reason”; nexus; corroboration; opportunity to explain
[11:02] Juan Antonio v. Barr, No. 18-3500 (6th Cir. May 19, 2020)
- asylum; particular social group; Matter of A-B-; Matter of A-R-C-G-, domestic violence; indigenous; Guatemala
[18:30] Matter of Bay Area Legal Services, Inc., 27 I&N Dec. 837 (DIR 2020)
- non-attorney accreditation; EOIR Director; reconsideration
[21:46] Thompson v. Barr, No. 18-1823 (1st Cir. May 21, 2020)
- sua sponte motion to reopen; pardons; INA 237(a)(2)(A)(vi); jurisdiction
[26:47] Alvarez-Espino v. Barr, No. 19-2289 (7th Cir. May 20, 2020)
- ineffective assistance of counsel; u-visa; continuance; prejudice
*CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: "Immigration Review Podcast" or @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: http://immigrationreview.buzzsprout.com
*Featured as Top 15 Immigration Podcasts! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.0/
Support the show (https://www.patreon.com/immigrationreview)
Cases as discussed in order:
[01:20] Reyes Vargas v. Barr, No. 17-9549 (10th Cir. May 14, 2020)
- sua sponte motion to reopen; 8 C.F.R. § 1003.23(b)(1); departure bar; jurisdiction; Kisor; Auer; agency deference
[10:30] Diaz Ortiz v. Barr, No. 19-1620 (1st Cir. May 15, 2020)
- asylum; El Salvador; MS-13; gangs; adverse credibility, evidentiary admissibility; due process
[13:38] Francisco v. Att’y Gen. U.S., No. 19-2700 (3d Cir. May 15, 2020)
- CIMT; theft; Matter of Diaz-Lizarraga; retroactivity
[16:45] Munoz-Granados v. Barr, No. 19-60758 (5th Cir. May 12, 2020)
- asylum, withholding of removal, and Convention Against Torture; Mexico; past persecution; death threats; gangs; persecution of family members; burdens
[20:40] Lona v. Barr, No. 17-70329 (9th Cir. May 15, 2020)
- sua sponte motion to reopen; sua sponte motion reconsider; fundamental change in law; equitable tolling
*CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: "Immigration Review Podcast" or @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: http://immigrationreview.buzzsprout.com
*Featured as Top 15 Immigration Podcasts! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.0/
Support the show (https://www.patreon.com/immigrationreview)
Cases as discussed in order:
[01:16] Mero v Barr, No. 17-70929 (9th Cir. May 1, 2020)
- aggravated felony; sexual abuse of minor; INA § 101(a)(43)(A); categorical approach; Nevada; NRS § 200.730; possession of child pornography
[10:35] Romero-Millan, et al. v. Barr, Nos. 16-73915, 17-72893 (9th Cir. May 4, 2020)
- controlled substance; categorical approach; divisibility; certification; Arizona; A.R.S. § 13-3415; drug paraphernalia; A.R.S.§ 13-3408(A)(2); drug possession for sale
[16:17] Aguilar Fermin v. Barr, Nos. 18-70855, 18-73266 (9th Cir. May 5, 2020)
- asylum, withholding of removal, and Convention Against Torture; adverse credibility; jurisdiction; Pereira v. Sessions; notice to appear
[23:50] Matter of Herrera-Vasquez, 27 I&N Dec. 825 (BIA 2020)
- notice to appear; alien classification box; DHS mistakes; Migrant Protection Protocols; jurisdiction; termination
[28:15] United States v. Sineneng-Smith, No. 19-67 (U.S. May 7, 2020)
- 8 U.S.C. § 1324; bringing in or harboring certain aliens; overbreadth doctrine
[32:05] Cucalon v. Barr, No. 181292 (4th Cir. May 7, 2020)
- aggravated felony; drug trafficking; INA § 101(a)(43)(B); violation of a law relating to a controlled substance; INA § 237(a)(2)(B)(i); categorical approach; divisibility; modified categorical approach; Shepard documents; Virginia; VA Code § 18.2-248(D); distribution of cocaine as an accommodation
[36:10] Bakor v. Barr, No. 183011 (8th Cir. May 7, 2020)
- crime involving moral turpitude; CIMT; INA § 237(a)(2)(A)(ii); Minnesota; Minn. Stat. § 609.3451 sub-division 1; criminal sexual conduct in the fifth degree; Minn. Stat. § 243.166 subdivision 5(a); failure to register as a sex offender
*CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: "Immigration Review Podcast" or @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: http://immigrationreview.buzzsprout.com
*Featured as Top 15 Immigration Podcasts! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.0/
Support the show (https://www.patreon.com/immigrationreview)
Cases as discussed in order:
[02:36] Barton v. Barr, No. 18-725 (U.S. Apr. 23, 2020)
- "rendered inadmissible"; INA § 240A(d)(1)(B); cancellation of removal; stop-time rule
[11:21] Peters v. Barr, No. 16-73509 (9th Cir. Apr. 2, 2020)
- adjustment of status; failure to maintain lawful status exception; INA § 245(c)
[19:13] Sutarsim v. Barr, No. 18-1937 (1st Cir. May 1, 2020)
- motion to reopen; changed country conditions; Indonesia; Chinese ethnicity
[21:36] Scarlett v. Barr, No. 16-940 (2d Circ. Apr. 28, 2020)
- asylum, withholding of removal, and Convention Against Torture; "unable or unwilling"; government officials; Jamaica; gangs
[24:43] Guzman-Orellana v. Att’y Gen., No. 19-1793 (3d Cir. Apr. 17, 2020)
- asylum, withholding of removal, and Convention Against Torture; particular social group; imputed; El Salvador; gangs; government witness
[27:36] Calderon-Rosas v. Att’y Gen., No. 19-2332 (3d Cir. Apr. 27, 2020)
- motion to reopen; ineffective assistance of counsel; prejudice; cancellation of removal
[33:04] Perez v. Barr, No. 16-71918 (9th Cir. Apr. 27, 2020)
- mental incompetency; attorney's fees
[34:50] Banuelos v. Barr, 953 F.3d 1176 (10th Cir. Mar. 25, 2020)
- Pereira v. Sessions; stop-time rule; notice to appear; cancellation of removal
*CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: "Immigration Review Podcast" or @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: http://immigrationreview.buzzsprout.com
*Featured as Top 15 Immigration Podcasts! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.0/
Support the show (https://www.patreon.com/immigrationreview)