Immigration Review

Ep. 238 - Precedential Decisions from 11/11/2024 - 11/17/2024 (nexus to political opinion; church leaders; small business owners; death threats, extortion & past persecution; reasonable relocation; gang violence; unable or unwilling to protect) Nov 18, 2024

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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Ep. 237 - Precedential Decisions from 11/4/2024 - 11/10/2024 (mental competency; M-A-M- safeguards; termination for regulator violations; serious reasons for believing serious non-political crime; probable cause; police acquiescence; failure to act) Nov 11, 2024

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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Ep. 236 - Precedential Decisions from 10/28/2024 - 11/3/2024 (denaturalization; ineffective assistance of counsel; CIMT; elements of sentence enhancement; aging out qualifying relatives; hardship review; fraud; § 237(a)(1)(H) waiver & I-751 petition) Nov 04, 2024

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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Ep. 235 - Precedential Decisions from 10/21/2024 - 10/27/2024 (past persecution; death threats; nexus; family membership; metering; injunction; credibility; hardship review; Haitian mental health claims) Oct 28, 2024

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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Ep. 234 - Precedential Decisions from 10/14/2024 - 10/20/2024 (in absentia motion to reopen - exceptional circumstances; totality of circumstances; traffic accidents; past persecution; unfulfilled threats; NACARA; economic hardship; mixed question review) Oct 21, 2024

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

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Ep. 233 - Precedential Decisions from 10/7/2024 - 10/13/2024 (family-based past persecution claim; harm to family members as persecution; unable or unwilling to control only in home city in Mexico; Salvadoran men; resistance to gang recruitment) Oct 14, 2024

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

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Ep. 232 - Precedential Decisions from 9/30/2024 - 10/6/2024 (EB-3 visa; revoked I-140 petition; portability; credibility; Matter of R-K-K-; similar affidavits; DHS charts; relocation) Oct 07, 2024

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

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Ep. 231 - Precedential Decisions from 9/23/2024 - 9/29/2024 (Ukraine; Hague Convention on the Civil Aspects of International Child Abduction; wrongful removal; generic federal definition of methamphetamine; extradition; State Department & CAT) Sep 30, 2024

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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Ep. 230 - Precedential Decisions from 9/16/2024 - 9/22/2024 (CIMT & retail theft; family, nexus & mixed motive; DHS non-opp to motion to remand; prolonged detention; FARO & aggravated felony obstruction of justice; extraordinary circumstances & reopening) Sep 23, 2024

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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Ep. 229 - Precedential Decisions from 9/9/2024 - 9/15/2024 (failure to report as a child; manner of entry, jurisdiction & Patel; petty theft & CIMT; single scheme; pardons; Skidmore deference; fetus persecution) Sep 16, 2024

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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Ep. 228 - Precedential Decisions from 9/2/2024 - 9/8/2024 (deficient NTA; claims processing rule; termination; IJ amending NTA; crime of violence; recklessness; Borden; Cal. Pen. Code § 245(a)(1) assault with a deadly weapon other than a firearm) Sep 09, 2024

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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Ep. 227 - Precedential Decisions from 8/26/2024 - 9/1/2024 (reopening standard; attempted child abuse; jurisdiction - Patel, I-601 & I-751; nexus & harm in the U.S.; reasonable fear review; derivative U.S. citizenship) Sep 02, 2024

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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Ep. 226 - Precedential Decisions from 8/19/2024 - 8/25/2024 (asylum; withholding of removal; CAT; imputed political opinion; substantial evidence; past persecution; nexus; corroborating evidence) Aug 26, 2024

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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Ep. 225 - Precedential Decisions from 8/12/2024 - 8/18/2024 (vacated criminal conviction & reopening; murder; voluntary departure; temporary BIA members; nexus; police reports & discretion) Aug 19, 2024

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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Ep. 224 - Precedential Decisions from 8/5/2024 - 8/11/2024 (denaturalization & estoppel; mental health & asylum; hardship review; attorney unpreparedness & continuances; particularly serious crimes; domestic violence & asylum; credibility) Aug 12, 2024

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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DISCLAIMER & CREDITS
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Ep. 223 - Precedential Decisions from 7/29/2024 - 8/4/2024 (challenging DHS regulations; material support of terrorism & due process; naturalization delay; particularly serious crime; mental health issues; past persecution & Mann party) Aug 05, 2024

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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Ep. 222 - Precedential Decisions from 7/22/2024 - 7/28/2024 (administrative notice of foreign law; credibility; derivative citizenship; best interests of the child; asylum & Angola; PFR venue; bonafide Egyptian marriage & pro se respondents) Jul 29, 2024

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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Special Episode - Interview with Attorney Ira Kurzban (important cases from the Supreme Court's 2023-2024 Term; state of the judiciary; Immigrants' List & immigration advocacy) Jul 25, 2024

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/
Order Kurzban's Immigration Law Sourcebook: https://www.aila.org/shop/products/view/kurzbans-immigration-law-sourcebook

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Ep. 221 - Precedential Decisions from 7/15/2024 - 7/21/2024 (flight from ethnic cleansing & genocide; gang recruitment & PSGs; CIMT & prostitution; I-213 reliability; unfulfilled threat doctrine) Jul 22, 2024

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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Ep. 220 - Precedential Decisions from 7/8/2024 - 7/14/2024 (naturalization; lawfully admitted for permanent residence; § 237(a)(1)(H) waiver; conditional LPR; pre-trial detention; confined as a result of conviction; persecution; continuance; admin close) Jul 15, 2024

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:

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Special Episode - Interview with Attorney Eric Lee (lead counsel on the recent doctrine of consular nonreviewability Supreme Court case, Munoz v. Dept. of State) Jul 11, 2024

All about Eric Lee:

Law Firm Website (Diamante Law): https://www.diamantelaw.com/meet-our
Email: elee@diamantelaw.com

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Ep. 219 - Precedential Decisions from 7/1/2024 - 7/7/2024 (car jacking; crime of violence - physical force & mens rea; climate refugees; 212(c) relief; Wilkinson review; mixed motive, nexus, Christians & gangs; adjustment of status in district court) Jul 08, 2024

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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Special Episode - AILA Annual Conference 2024 (interview with AILA National Immediate Past President Farshad Owji, and AILA National President Kelli Stump) Jul 02, 2024

Links!!!!

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Ep. 218 - Precedential Decisions from 6/24/2024 - 6/30/2024 (Chevron agency deference; discretionary determination review; nexus; Jehovah’s Witnesses; religion; aggravated felony: sexual abuse of a minor & relating to obstruction of justice; mens rea) Jul 01, 2024

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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Ep. 217 - Precedential Decisions from 6/17/2024 - 6/23/2024 (fundamental right to live with spouse; lawful sanction; credibility; failure to consider therapist letter; no-notice reopening; reasonable fear review; deficient OSC & due process) Jun 24, 2024

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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Ep. 216 - Precedential Decisions from 6/10/2024 - 6/16/2024 (in absentia motion to reopen; deficient NTA; textualism; crime of violence; asylum & withholding nexus; CIMT; prolonged detention post-reinstatement) Jun 17, 2024

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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Ep. 215 - Precedential Decisions from 6/3/2024 - 6/9/2024 (case law housekeeping!; authentication of domestic records; APA - jurisdiction, discretion & I-601A delay; one year asylum deadline; pattern or practice - Mexican transgender women) Jun 10, 2024

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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Ep. 214 - Precedential Decisions from 5/28/2024 - 6/2/2024 (sexual abuse of a minor aggravated felony; possession of child pornography; mootness & physical removal; J-F-F- and CAT; controlled substance trafficking aggravated felony; mandatory detention) Jun 03, 2024

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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Ep. 213 - Precedential Decisions from 5/21/2024 - 5/27/2024 (serious drug offense; choice of law; changed country condition motion to reopen; Bosnian Muslims; religion and nexus; police informant; deficient NTA; sexual abuse of a minor aggravated felony) May 27, 2024

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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Ep. 212 - Precedential Decisions from 5/13/2024 - 5/20/2024 (knock and talk; curtilage; Fourth Amendment; vacating ICE policy and practice; Hague Act Adoption; changed country condition motion to reopen; crimes of child abuse, neglect, or abandonment) May 20, 2024

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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DISCLAIMER & CREDITS
See Eps. 1-200

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Ep. 211 - Precedential Decisions from 5/6/2024 - 5/12/2024 (FBA Conference!; deficient NTA; reinstatement; exhaustion; claims processing rule; INA § 241(a)(5) not jurisdictional; reasonable fear; family based particular social group; fear of cartels) May 13, 2024

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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DISCLAIMER & CREDITS
See Eps. 1-200

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Ep. 210 - Precedential Decisions from 4/29/2024 - 5/5/2024 (crime of domestic violence & mental harms; expert witness & CAT - Iraq; past persecution & Mexican Navy; immutability & business owners; Sinaloa Cartel & CAT; Hague Act on Child Abduction) May 06, 2024

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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DISCLAIMER & CREDITS
See Eps. 1-200

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Ep. 209 - Precedential Decisions from 4/22/2024 - 4/28/2024 (FTCA; de minimis harm; colorable question of law; time limit on discretion; qualifying relative; non-LPR cancellation of removal; age out; 4,000 cap; BIA notice of appeal requirements; nexus) Apr 29, 2024

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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DISCLAIMER & CREDITS
See Eps. 1-200

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Ep. 208 - Precedential Decisions from 4/15/2024 - 4/21/2024 (I-130; sham marriage; overcoming INA § 204(c); exceptional and extremely unusual hardship; reasonable likelihood standard for prima facie case; gender-based asylum claims; social distinction) Apr 22, 2024

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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DISCLAIMER & CREDITS
See Eps. 1-200

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Ep. 207 - Precedential Decisions from 4/8/2024 - 4/14/2024 (CAT deferral; aggregate forms of torture; changed country condition motion to reopen; Chaldean Christian; Iraq; injunction; visa bulletin; denaturalization; ineffective assistance of counsel) Apr 15, 2024

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

Sponsors and friends of the podcast!
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DISCLAIMER & CREDITS
See Eps. 1-200

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Ep. 206 - Precedential Decisions from 4/1/2024 - 4/7/2024 (criminal encouraging violation of immigration law; expedited removal untimely evidence; unable or unwilling to protect in Mexico; collateral estoppel and jurisdiction) Apr 08, 2024

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

Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
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DISCLAIMER & CREDITS
See Eps. 1-200

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Special Episode - Interview with Raquel Gomes and Ruby Powers: All About Stafi! Apr 03, 2024

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
Stafi's Instagram: https://www.instagram.com/getstafi/
Stafi's Facebook: https://www.facebook.com/GetStafi/

All about Ruby Powers: Ruby's Profile

Law Firm Website: www.RubyPowersLaw.com
Powers Strategy Group: www.RubyPowers.com

Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
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DISCLAIMER & CREDITS
See Eps. 1-200

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Ep. 205 - Precedential Decisions from 3/25/2024 - 3/31/2024 (mixed motive; one central reason; personal dispute; religion; CIMT; New Jersey second-degree robbery; naturalization; false claim to U.S. citizenship; unlawful voting) Apr 01, 2024

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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Kurzban Kurzban Tetzeli and Pratt P.A.
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DISCLAIMER & CREDITS
See Eps. 1-200

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Ep. 204 - Precedential Decisions from 3/18/2024 - 3/24/2024 (mixed question of law and fact; CIMT & child abuse; nexus & indigenous women; particular social group change on appeal; relocation in India; criminal-alien jurisdictional bar & Nasrallah) Mar 25, 2024

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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DISCLAIMER & CREDITS
See Eps. 1-200

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Ep. 203 - Precedential Decisions from 3/11/2024 - 3/17/2024 (particularly serious crime; prolonged detention; late-filed evidence; criminal conviction definition; asylum one-year filing deadline; family-based PSGs; discretion; credibility; agg fel theft) Mar 18, 2024

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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Ep. 202 - Precedential Decisions from 3/4/2024 - 3/10/2024 (parole; returning removed noncitizens; Mexican business owners; serious nonpolitical crime; retrogression; CAT & South Sudan; claims processing rules; retroactivity) Mar 11, 2024

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

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"
Driftwood Capital
"A vertically integrated powerhouse in commercial real estate, developing hospitality
projects for families seeking a secure EB-5 residency path."
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"Remote staffing solutions for businesses of all sizes"

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CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
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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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Special Episode - Interview with Trina Realmuto and Eddie Ramos (National Immigration Litigation Alliance (NILA); TPS employment authorization class action; impact litigation; mentorship) Mar 07, 2024

All about Trina Realmuto: NILA Profile

All about Eddie Ramos: KKTP Profile
Additional links!:

NILA’s Impact Litigation (including Mansor v. USCIS )
Transparency Litigation
Co-Counseling Program
Join NILA’s Strategic Assistance Program
Support NILA

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"
Driftwood Capital
"A vertically integrated powerhouse in commercial real estate, developing hospitality
projects for families seeking a secure EB-5 residency path."
Stafi
"Remote staffing solutions for businesses of all sizes"

Promo Code: stafi2024
Get Started! Promo Code: FREE

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

Ep. 201- Precedential Decisions from 2/26/2024 - 3/3/2024 (withholding-only review & reinstatement; final order; BIA reweighing evidence; nexus - indigenous women; Mexicans with mental health disorders & exhibit erratic behavior; deficient NTA reopening) Mar 04, 2024

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

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"
Driftwood Capital
"A vertically integrated powerhouse in commercial real estate, developing hospitality
projects for families seeking a secure EB-5 residency path."
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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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Ep. 200!!! - Precedential Decisions from 2/19/2024 - 2/25/2024 (vacated criminal conviction; procedural or substantive defect; reopening; reasonable relocation; Mann Party & India; crime of violence; Ohio robbery) Feb 26, 2024

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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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 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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Ep. 199 - Precedential Decisions from 2/12/2024 - 2/18/2024 (repatriated Somalis; CAT protection; acquiesce; aggravated felony theft offense; drugs & realistic probability test in CA5; marriage fraud & § 204(c) investigations) Feb 19, 2024

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 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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Ep. 198 - Precedential Decisions from 2/5/2024 - 2/11/2024 (I-751; joint filing; U-visa disclosure; penalties; 8 U.S.C. § 1367; willfulness; assault resulting in serious bodily injury; crime of violence; mens rea; presumption of indivisibility) Feb 12, 2024

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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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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Ep. 197 - Precedential Decisions from 1/29/2024 - 2/4/2024 (deficient NTA; Form I-261; persecution because of debts; motion to reopen & mental health; mixed adverse credibility finding; clearly and beyond doubt admissible & false claim to citizenship) Feb 05, 2024

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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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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Ep. 196 - Precedential Decisions from 1/22/2024 - 1/28/2024 (imminent death threats alone & persecution/torture; mixed motive, family group & nexus; unable or unwilling; BIA reweighing evidence; applicant for admission; derivative citizenship & standing) Jan 29, 2024

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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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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Ep. 195 - Precedential Decisions from 1/15/2024 - 1/21/2024 (Trafficking Victims Protection Reauthorization Act; motion to reopen; minor; newly available evidence; Domestic Abuse Assault, Enhanced under Iowa Code § 708.2A(3)(b); crime of violence) Jan 22, 2024

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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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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Ep. 194 - Precedential Decisions from 1/8/2024 - 1/14/2024 (bond; collateral estoppel; INA § 236(a); Bail Reform Act; crime of violence; VICAR; felony murder; divisibility; means vs. elements) Jan 15, 2024

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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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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Ep. 193 - Precedential Decisions from 1/1/2024 - 1/7/2024 (adverse credibility; omission; medical reports; past persecution harm; due process; unable or unwilling to protect; complete helplessness; three member panel; DHS failure to file brief; IJ bias) Jan 08, 2024

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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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

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Ep. 192 - Precedential Decisions from 12/26/2023 - 12/31/2023 (particular social group - circularity, distinction, criminal motives & nexus; Mendez Rojas class; sue sponte; crime of violence; abandonment, R-C-R- & good cause) Jan 01, 2024

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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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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Ep. 191 - Precedential Decisions from 12/18/2023 - 12/25/2023 (Happy Holidays!; I-751; removal of conditional LPR status; IJ authority to terminate; Texas aggravated sexual assault with a deadly weapon) Dec 25, 2023

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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Email: kgregg@kktplaw.com
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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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Ep. 190 - Precedential Decisions from 12/11/2023 - 12/17/2023 (crimmigration week!; child endangerment; crime of violence - psychological force, intent, violent force, de minimus force & aggravated assault; Iowa, Puerto Rico & Pennsylvania crimes) Dec 18, 2023

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.
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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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Ep. 189 - Precedential Decisions from 12/4/2023 - 12/10/2023 (final order of removal & withholding; nexus: religion, domestic violence & witches; reasonable relocation; drug offenses; aggravated felony: sexual abuse of a minor & crime of violence) Dec 11, 2023

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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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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Eps. 187 & 188 - Precedential Decisions from 11/20/2023 - 12/3/2023 (asylum reform; nexus & family membership; aggravated felony controlled substance trafficking; mandamus injunctions & the visa bulletin; unable or unwilling to protect & Nepalese Maoists) Dec 04, 2023

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

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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CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
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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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Ep. 186 - Precedential Decisions from 11/13/2023 - 11/19/2023 (reasonable fear review; reinstatement; final order of removal; persecution; unfulfilled threats; USCIS notice on counsel; due process; Miranda warnings) Nov 20, 2023

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

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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CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
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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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Ep. 185 - Precedential Decisions from 10/30/2023 - 11/12/2023 (asylum; harassment; non-physical harm; cumulative analysis for past persecution; IJ responsibilities for asylum seekers; fear of gang extortion; harm experienced as a child) Nov 13, 2023

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

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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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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Ep. 184/Special Episode - Interview with Dan Lawton about his new book Above the Ground - A True Story of the Troubles in Northern Ireland Nov 06, 2023

Buy Above the Ground - A True Story of the Troubles in Northern Ireland

Other Links!

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
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

Ep. 183 - Precedential Decisions from 10/23/2023 - 10/29/2023 (criminal conviction; finality; Matter of J.M. Acosta; N.Y. Crim. Pen. L. § 460.30; opposition to Chinese family planning policy; adverse credibility) Oct 30, 2023

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

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
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

Special Episode - Interview with Immigration Judge Mimi Tsankov in her capacity as President of the National Association of Immigration Judges Oct 26, 2023

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 - AILA Immediate Past President
Charles "Cully" Stimson - Deputy Director, Edwin Meese III Center for Legal and Judicial Studies

National Association of Immigration Judges

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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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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Ep. 182 - Precedential Decisions from 10/16/2023 - 10/22/2023 (divisibility; assault in violation of Md. Code, Art. 27 § 12A-1; violent felony; child witness to gang violence; particular social group; particularity) Oct 23, 2023

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

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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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

Ep. 181 - Precedential Decisions from 10/9/2023 - 10/15/2023 (Patron Shout Out!; reasonable relocation; testimony alone for relocation; economic discrimination; indigenous; Quechua; Ecuador) Oct 16, 2023

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!

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

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

Ep. 180 - Precedential Decisions from 10/2/2023 - 10/8/2023 (ABA Immigrant Justice Project; aggravated felony theft offense; exhaustion; mental health and particularly serious crime; unable or unwilling to protect; Guatemalan women of Mayan ancestry) Oct 09, 2023

American Bar Association Links!

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

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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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

Ep. 179 - Precedential Decisions from 9/25/2023 - 10/1/2023 (ASISTA; divisibility; Pennsylvania controlled substance; driving while under the influence of marijuana; FTCA; Bivens; equitable tolling; sexual assault by ICE officers) Oct 02, 2023

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

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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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

Ep. 178 - Precedential Decisions from 9/18/2023 - 9/24/2023 (federal loss amount; U.S.S.G. § 2B1.1; Child Status Protection Act; finality of conviction; Matter of J.M. Acosta) Sep 25, 2023

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!

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

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

Ep. 177 - Precedential Decisions from 9/11/2023 - 9/17/2023 (reasonable possibility standard; stop-time rule; parole; CIMT - NY retroactivity & receipt of stolen property; NJ Disorderly Conduct; Salvadoran business owners; voluntary departure) Sep 18, 2023

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
Want to become a patron?

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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

Ep. 176 - Precedential Decisions from 9/4/2023 - 9/10/2023 (cocaine isomers; gay men as PSG; reporting harm to police; fears of gangs for CAT and asylum; voluntary departure & motions to reopen; prison guards as PSG; reasonable fear review) Sep 11, 2023

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

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

Ep. 175 - Precedential Decisions from 8/28/2023 - 9/3/2023 (credibility - border interviews & inconsistencies; jurisdiction & motions to reopen; naturalization & good moral character; polygamy; house church Christian in China; CIMT; menacing in Oregon) Sep 04, 2023

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?

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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

Ep. 174 - Precedential Decisions from 8/21/2023 - 8/27/2023 (CAT deferral; prosecution as persecution; extortion & asylum; credibility & inconsistencies; wire fraud; +$10,000 loss; child soldier & mental health in Sudan) Aug 28, 2023

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

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

Ep. 173 - Precedential Decisions from 8/14/2023 - 8/20/2023 (CAT; under color of law; controlled substance attempted delivery; crime of violence; search of attorney cell phone at the border; credibility; termination; constitutional & regulatory violation) Aug 21, 2023

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
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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

Ep. 172 - Precedential Decisions from 8/7/2023 - 8/13/2023 (motion to reopen - prima facie, ineffective assistance of counsel & changed country conditions; unable or unwilling; pardons; denaturalization; materiality; money laundering; CIMT) Aug 14, 2023

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 reopening; 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 Indictment; 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"
For 30% off use code: REVJOORNEY30

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

Ep. 171 - Precedential Decisions from 7/31/2023 - 8/6/2023 (NACARA; sua sponte motion to reopen; venue; Matter of Garcia; CAT; under color of law; torture; final order of removal; jurisdiction; O-F-A-S-) Aug 07, 2023

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

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

Ep. 170 - Precedential Decisions from 7/24/2023 - 7/30/2023 (credibility; omission; Constitutionality of BIA; exhaustion; § 209 adjustment; I-130 revocation; derivative citizenship; administrative closure) Jul 31, 2023

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

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

Ep. 169 - Precedential Decisions from 7/17/2023 - 7/23/2023 (federal definition of marijuana; hemp; detention; dangerousness; DACA discrimination; alienage; 42 U.S.C. § 1981) Jul 24, 2023

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

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

Special Episode - AILA Annual Conference 2023 (interview with AILA National Immediate Past President Jeremy McKinney, and AILA National President Farshad Owji) Jul 20, 2023

Links!!!!

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

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

Ep. 168 - Precedential Decisions from 7/10/2023 - 7/16/2023 (nexus & religion; pro se asylum; family PSG; deficient NTA in absentia motion to reopen; Salvadoran businessmen; PFR & withholding only; motion to reopen; agg fel theft; ineffective assistance) Jul 17, 2023

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

Ep. 167 - Precedential Decisions from 7/3/2023 - 7/9/2023 (reasonable relocation; Pakistani Taliban; corroboration; Chinese Christian; unable or unwilling to protect; crime of violence; malice; deficient NTA in absentia motion to reopen) Jul 10, 2023

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

Ep. 166 - Precedential Decisions from 6/26/2023 - 7/2/2023 (First Amendment; NIW; adverse credibility; due process; threats; frivolous asylum application; particularly serious crime; 8 C.F.R. § 1208.18(a)(3); military conscription; false claim to U.S.C) Jul 03, 2023

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."

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

Ep. 165 - Precedential Decisions from 6/19/2023 - 6/25/2023 (standing; prosecutorial discretion; obstruction of justice; jurisdiction - motion to remand and continuance; CIMT; reprehensible conduct; nexus; MS-13; frivolous asylum finding) Jun 26, 2023

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

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

Ep. 164 - Precedential Decisions from 6/12/2023 - 6/18/2023 (identity theft; denial of freedom; failure to file NTA; temporary BIA members; good moral character; 212(h) waiver; egregious arrest; credibility; methamphetamine) Jun 19, 2023

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

Ep. 163 - Precedential Decisions from 6/5/2023 - 6/11/2023 (isomer; U.S. National; American Samoa; extortion-plus nexus; due process; CIMT and recklessness; crime of child abuse; one-year asylum deadline; married gay men in Mexico) Jun 12, 2023

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

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

Ep. 162 - Precedential Decisions from 5/29/2023 - 6/4/2023 (antique firearms; realistic probability; receipt of stolen property; extortion in El Salvador; untimely PFR; voluntary departure; deficient NTA in absentia motion to reopen; misrep in NTA) Jun 05, 2023

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

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

Support the show

Ep. 161 - Precedential Decisions from 5/22/2023 - 5/28/2023 (Thank you Patrons!; crime of violence; illegal reentry; aggravated felony burglary offense; New York burglary of a building; inherent violence; divisibility; categorical approach) May 29, 2023

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

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

Ep. 160 - Precedential Decisions from 5/15/2023 - 5/21/2023 (Zipper Clause; asylum termination; Rwanda genocide; crime of violence; violent force; omission as force; VAWA; extreme cruelty; lack of physical abuse) May 22, 2023

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

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

Ep. 159 - Precedential Decisions from 5/8/2023 - 5/14/2023 (Supreme Court Season!; exhaustion of remedies; crime of violence; visa waiver program & asylum only proceedings; fundamental change in circumstances; Lider Party in Guatemala) May 15, 2023

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

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

Ep. 158 - Precedential Decisions from 5/1/2023 - 5/7/2023 (untimely notice of appeal; equitable tolling; cancellation review; particular social group; Guatemalan witnesses; immutability; Honduran landowners; social distinction; Honduran single mothers) May 08, 2023

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

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

Ep. 157 - Precedential Decisions from 4/24/2023 - 4/30/2023 (modified categorical approach; pleas colloquy; SIJS; visa fraud; 237(a)(1)(H) waivers; crime of domestic violence; torture; past persecution; derivative citizenship) May 01, 2023

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

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

Ep. 156 - Precedential Decisions from 4/17/2023 - 4/23/2023 (TPS; arriving alien; USCIS jurisdiction; advance parole; discretion; non-LPR cancellation of removal; BIA standards of review) Apr 24, 2023

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."
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

Ep. 155 - Precedential Decisions from 4/10/2023 - 4/16/2023 (credibility; corroboration; immaterial inconsistency; U Visa waivers; discretion & jurisdiction; adjustment of status; bonafide marriage; expunged arrests & police reports; Ron DeSantis) Apr 17, 2023

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

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

Ep. 154 - Precedential Decisions from 4/3/2023 - 4/9/2023 (stay of appellate proceedings; mediation; foreign conviction & fundamental fairness; Pennsylvania robbery; TPS & trips abroad; final agency action & adjustment; ineffective assistance of counsel) Apr 10, 2023

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

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

Ep. 153 - Precedential Decisions from 3/27/2023 - 4/2/2023 (EAJA fees; administrative closure; crime of violence; loss over $10,000; conspiracy; restitution; rental car agreements; mental state; accomplice liability in Washington State) Apr 03, 2023

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

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

Special Episode - Interview with the MANY titled Ilyce Shugall (Former Immigration Judge, Member of the Former IJ/BIA Member Amicus Roundtable, advocate for noncitizens, mentor, Managing Attorney at Immigrant Legal Defense, and more!) Mar 29, 2023

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.
Docketwise
"Modern immigration software & case management"
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"Business-critical documents for every stage of your journey"
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CONTACT INFORMATION
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Facebook: @immigrationreview
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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

Ep. 152 - Precedential Decisions from 3/20/2023 - 3/26/2023 (venue; forum; choice of law; hardship challenge; regulatory interpretation; illegal reentry; 287(g) agreements; malicious wounding; crime of violence) Mar 27, 2023

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

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

Ep. 151 - Precedential Decisions from 3/13/2023 - 3/19/2023 (Patel & jurisdiction; Federal Tort Claims Act & unlawful detention; stop-time rule & deficient Orders to Show Cause; overbroad MDMA; standards of review; Nicaraguan asylum) Mar 20, 2023

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

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?

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CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
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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

Ep. 150 - Precedential Decisions from 3/6/2023 - 3/12/2023 (Patron shout-out!; 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); factual bases for plea in New York and Connecticut) Mar 13, 2023

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

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

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

Ep. 149 - Precedential Decisions from 2/28/2023 - 3/5/2023 (WebEx; CIMT; statutory text; jurisdiction and discretion; non-LPR cancellation of removal; aggravated robbery; aggravated felony theft offenses & crimes of violence; corrupt police) Mar 06, 2023

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

*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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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

Special Episode - Interview with Andy Posner, Founder and CEO of Capital Good Fund Mar 02, 2023

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"
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

Ep. 148 - Precedential Decisions from 2/21/2023 - 2/27/2023 (drug trafficking aggravated felony; divisibility; elements vs. means; controlled substance list; extreme recklessness; mens rea; crime of violence) Feb 27, 2023

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.
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

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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Ep. 147 - Precedential Decisions from 2/14/2023 - 2/20/2023 (unlawful presence bar; EB-1C; jurisdiction to review adjustment of status denial; cross-appeals; crime of violence - attempt, knowledge, and violent force; credibility, Cuba, and kidney stones) Feb 20, 2023

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"
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

Ep. 146 - Precedential Decisions from 2/7/2023 - 2/13/2023 (torture; withholding - corroboration & credibility; nexus - family, gangs, extortion & revenge; deficient exclusion proceedings; divorce in Virginia & Ghana; good moral character; Patel) Feb 13, 2023

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
"Modern immigration software & case management"
Want to become a patron?

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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

Ep. 145 - Precedential Decisions from 1/30/2023 - 2/6/2023 (Supreme Court 2023 Term Rundown; aggravated felony crime of violence; elements clause; recklessness) Feb 06, 2023

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
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

Ep. 144 - Precedential Decisions from 1/23/2023 - 1/29/2023 (past persecution; failure to seek medical care; Guatemala - indigenous, lesbians, and witness cooperators; good moral character; sexual abuse of a minor; imputed particular social group) Jan 30, 2023

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."
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

Ep. 143 - Precedential Decisions from 1/16/2023 - 1/22/2023 (changes at the Department of State!; attempt; aggravated felony crimes of violence; New York attempted first-degree assault; violent force; requesting publication) Jan 23, 2023

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

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

Ep. 142 - Precedential Decisions from 1/9/2023 - 1/15/2023 (deficient NTA; stop-time rule; final order of removal; false statements, naturalization, and materiality; fear of gangs & reasonable fear; divisibility & Georgia robbery) Jan 16, 2023

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."
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

Ep. 141 - Precedential Decisions from 1/2/2023 - 1/8/2023 (credibility; immigration fraud; lack of detail in testimony; asylum from Bangladesh; identity theft; Va. Code Ann. § 18.2-186.3(A)(2); CIMT; intent to defraud; Rule of Lenity) Jan 09, 2023

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
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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Ep. 140 - Precedential Decisions from 12/26/2022 - 1/1/2023 (mental health; fear of gangs; police acquiescence; cocaine isomers; no notice motion to reopen; derivative citizenship; nexus & family group) Jan 02, 2023

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!
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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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"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.
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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Ep. 139 - Precedential Decisions from 12/19/2022 - 12/25/2022 (a holiday thank you to the podcast's Patrons; persecutor bar to asylum; Eritrea; sentence modification; Matter of Thomas and Thompson; retroactivity; review of withholding; criminal bar) Dec 26, 2022

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.
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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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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Ep. 138 - Precedential Decisions from 12/12/2022 - 12/18/2022 (T-visa training!; cumulative harm for past persecution; dwarfism; alienage; inconsistencies in DHS evidence; mental health facilities in Honduras; deficient NTA in absentia motion to reopen) Dec 19, 2022

Training: Is This a T Visa? with Helen Tarokic - January 27, 2023 from 9:30am to 10:30am EST

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

*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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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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Special Episode - Interview with John Khosravi about his many hats, and the Immigration Lawyers Toolbox! Dec 14, 2022

Links!

*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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Email: kgregg@kktplaw.com
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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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Ep. 137 - Precedential Decisions from 12/5/2022 - 12/11/2022 (credibility; Bangladesh; memorizing testimony; suppression; Fourth Amendment; egregious violation; INA § 237(a)(2)(E)(i); categorical approach; statutory interpretation; agency deference) Dec 12, 2022

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.

*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
Facebook: @immigrationreview
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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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Ep. 136 - Precedential Decisions from 11/28/2022 - 12/4/2022 (vacate Lozada!; disbarment; approvable when filed - 245(i); affidavit of support; waiver of appeal; particularly serious crime; amount of loss; ineffective assistance of counsel) Dec 05, 2022

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

*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
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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Ep. 135 - Precedential Decisions from 11/21/2022 - 11/27/2022 (CAT & under color of law; regulatory violations & fundamental rights; corroboration; past persecution; venue; jurisdiction; best interests of the child standard; habeas & prolonged detention) Nov 28, 2022

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."
Want to become a patron?

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CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
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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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Ep. 134 - Precedential Decisions from 11/14/2022 - 11/20/2022 (termination; good moral character; DUIs; timely filings; crime of violence; change in law; equitable tolling; due diligence; jurisdiction; CAT deferral; Iraqi Chaldean Christians) Nov 21, 2022

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

*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?

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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

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Ep. 133 - Precedential Decisions from 11/1/2022 - 11/13/2022 (Welcome Capital Good Fund!; vacated criminal convictions; Matter of Thomas and Thompson; CIMT; petty offense exception; child endangerment; retroactivity; Matter of Cota-Vargas) Nov 14, 2022

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

*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

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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Ep. 132 - Precedential Decisions from 10/31/2022 - 11/6/2022 (deficient NTA in absentia motion to reopen; corroboration; nexus: withholding & Matter of C-T-L-, family groups; particularly serious crime; mental health) Nov 07, 2022

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"
Want to become a patron?

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CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
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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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Ep. 131 - Precedential Decisions from 10/24/2022 - 10/30/2022 (Colorado definition of marijuana; jurisdiction following reinstatement; jurisdiction for credible fear review; constitutional rights; particular social group s in El Salvador) Oct 31, 2022

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"
Want to become a patron?

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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

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Ep. 130 - Precedential Decisions from 10/17/2022 - 10/23/2022 (withholding of removal; imputed gang member; CAT protection - government actors, gang-police officers, legislative history, under color of law standard, and willful blindness; credibility) Oct 24, 2022

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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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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Ep. 129 - Precedential Decisions from 10/10/2022 - 10/16/2022 (en banc; deficient NTA; venue; stay of removal; adjustment of status; discretion; mens rea; aggravated felony theft offense; permissive inference by a jury; realistic probability test) Oct 17, 2022

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"
Want to become a patron?

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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

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

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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Email: kgregg@kktplaw.com
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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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Ep. 127 - Precedential Decisions from 9/26/2022 - 10/2/2022 (motion to reopen; vacated conviction; controlled substance convictions; Federal First Offender’s Act; CIMTs; cancellation of removal - jurisdiction, VAWA, and reinstatement) Oct 03, 2022

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"
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CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
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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

Ep. 126 - Precedential Decisions from 9/19/2022 - 9/25/2022 (THANK YOU PATRONS!; exhaustion; due process; asylum; past persecution; government actor; BJP; India) Sep 26, 2022

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

*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
Facebook: @immigrationreview
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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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Ep. 125 - Precedential Decisions from 9/12/2022 - 9/18/2022 (past persecution; Mann Party; India; continuances; right to present testimony; due process; prejudice; constitutional and regulatory violations) Sep 19, 2022

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!
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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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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Ep. 124 - Precedential Decisions from 9/5/2022 - 9/11/2022 (detention; MS-13; asylum; unable or unwilling to control private actors; non-LPR cancellation of removal; qualifying relative; NACARA; INA § 212(h) waiver) Sep 12, 2022

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"
Want to become a patron?

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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

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Ep. 123 - Precedential Decisions from 8/29/2022 - 9/4/2022 (Interpol Red Notice; serious nonpolitical crime; categorical approach; changed country condition motion to reopen; reinstatement; clear error review; deficient NTA; stop time rule) Sep 05, 2022

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
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

Ep. 122 - Precedential Decisions from 8/22/2022 - 8/28/2022 (divisibility; stalking; mental state; intent; expert psychological opinion; childhood trauma; credible and reasonable fear interview transcripts) Aug 29, 2022

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

*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

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

Ep. 121 - Precedential Decisions from 8/15/2022 - 8/21/2022 (obstruction of justice; vacated convictions; burglary; receipt of stolen property; particularly serious crime; child abuse; deficient NTAs; no notice MTRs) Aug 22, 2022

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
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

Ep. 120 - Precedential Decisions from 8/8/2022 - 8/14/2022 (IJ bias; particularly serious crime; transgender women; CAT deferral; withholding of removal; reversing IJs; impeachment evidence; religion and clan claims) Aug 15, 2022

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?

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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

Ep. 119 - Precedential Decisions from 8/1/2022 - 8/7/2022 (persecution; PSC and crime against persons; sue sponte motion to reopen; good moral character; drug trafficking; deficient NTA motions; crime of child abuse mental state) Aug 08, 2022

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.
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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Ep. 118 - Precedential Decisions from 7/25/2022 - 7/31/2022 (firearm offense; ammunition; divisibility; untimely asylum; extraordinary circumstances; legal disability; mootness: deferral & physical removal; visa waiver violators; asylum-only proceedings) Jul 31, 2022

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?

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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

Ep. 117 - Precedential Decisions from 7/18/2022 - 7/24/2022 (credibility; demeanor; credible fear interview notes; equitable tolling & diligence; reinstatement & gross miscarriage of justice; deficient NTA; in absentia motion to reopen; due process) Jul 25, 2022

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?

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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

Ep. 116 - Precedential Decisions from 7/1/2022 - 7/17/2022 (encourage; induce; alien smuggling; First Amendment; 8 U.S.C. § 1324(a)(1)(A)(iv); deficient NTA; claims processing rule; subject matter jurisdiction; § 1326) Jul 18, 2022

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?

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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

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Ep. 115 - Precedential Decisions from 7/4/2022 - 7/10/2022 (adverse credibility; inconsistencies; deficient NTA; in absentia motion to reopen; CIMT & drug trafficking; reinstatement, INA § 212(a)(9)(C), and right to counsel; CAT & clear error) Jul 11, 2022

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"
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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

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Ep. 114 - Precedential Decisions from 6/27/2022 - 7/3/2022 (asylum; dual nationality; credibility - impeachment & plausibility; circuit venue; stays; expedited removal & theft offenses; NACARA; cancellation; changed country condition motion to reopen) Jul 04, 2022

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"
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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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Ep. 113 - Precedential Decisions from 6/20/2022 - 6/26/2022 (crime of violence; attempt; changed country conditions motion to reopen; Ethiopia; deficient NTA; timely assertion of mandatory claims processing rule; CAT protection; harm in totality; gangs) Jun 27, 2022

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"
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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

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Ep. 112 - Precedential Decisions from 6/13/2022 - 6/19/2022 (class action injunctions; detention; isomers; credibility; particularly serious crimes; claims processing rules; naturalization; Nicaragua; persecution; alien smuggling) Jun 20, 2022

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?

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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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Ep. 111 - Precedential Decisions from 6/6/2022 - 6/12/2022 (crime of violence; non-LPR cancellation of removal; CIMT & intent to defraud; aggravated felony burglary; prison mailbox rule; restitution; crime of child abuse) Jun 13, 2022

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
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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?

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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

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Ep. 110 - Precedential Decisions from 5/30/2022 - 6/5/2022 (domestic violence based asylum claims; Jaco v. Garland; unable or unwilling to protect; police reports; El Salvador, Haiti & voodoo; Patel) Jun 06, 2022

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

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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Ep. 109 - Precedential Decisions from 5/23/2022 - 5/29/2022 (right to bear arms; crime of child abuse; likelihood of harm; credibility; IJ bias; changed country condition motion to reopen; Chinese Christians) May 30, 2022

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?

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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

Ep. 108 - Precedential Decisions from 5/16/2022 - 5/22/2022 (jurisdiction to review discretionary relief; ineffective assistance of counsel; BIA dismissal; CAT & asylum - Cameroon & Somalia; credibility; agg. fel. crime of violence; deficient NTAs) May 23, 2022

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

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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Special Episode - The UNNJ Episode! (Interview with KKTP Partner Edward Ramos and KKTP Associate Elizabeth Montano regarding the University of Northern New Jersey and Dong v. Johnson class action settlement) May 19, 2022

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!:

*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

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

Ep. 107 - Precedential Decisions from 5/9/2022 - 5/15/2022 (particularly serious crimes: mental health & exhaustion; asylum: gangs & Mayan race; CIMT: money laundering & intent; VAWA motion to reopen; right to counsel in reasonable fear proceedings) May 16, 2022

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

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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Ep. 106 - Precedential Decisions from 5/2/2022 - 5/8/2022 (credibility; frivolous asylum finding; deliberate fabrication; controlled substance offense; divisibility; elements; violation of a court protection order; § 237(a)(2)(E)(ii); in forma pauperis) May 09, 2022

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

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

Ep. 105 - Precedential Decisions from 4/25/2022 - 5/1/2022 (crime of domestic violence; physical force; jurisdiction; motion to reopen: equitable tolling, ineffective assistance, and reinstatement; CAT deferral) May 02, 2022

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"
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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

Special Episode - Interview with Sumana Kaluvai and Harishree Karthik of the Hidden Dream (Visa Dreamers; about Hidden Dream; personal stories and background; resources for visa dreamers; legislative goals; how you can help; & Tik Tok!) Apr 27, 2022

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!:

*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

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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Ep. 104 - Precedential Decisions from 4/18/2022 - 4/24/2022 (Aaliyah The Brave!; LPR cancellation of removal; discretion; dead fish standard of review; nunc pro tunc changes to convictions; vacatur; in absentia motion to reopen) Apr 25, 2022

Aaliyah The Brave: Empowering Children Coping with Immigration Enforcement, by Rekha Sharma-Crawford, Esq.

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

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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Ep. 103 - Precedential Decisions from 4/11/2022 - 4/17/2022 (thank you AILA South Florida!; asylum; unable or unwilling to protect; Convention Against Torture; aggregate harm; MS-13) Apr 18, 2022

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?

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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

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Ep. 102 - Precedential Decisions from 4/4/2022 - 4/10/2022 (equitable tolling and appeals to the BIA; asylum; corroboration; nuclear family; attorney misconduct and sanctions; motion to vacate panel decision; administrative closure) Apr 11, 2022

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

*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

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

Ep. 101 - Precedential Decisions from 3/28/2022 - 4/3/2022 (transgender adults; pattern or practice of persecution; definition of conviction; CIMT; CAT protection; Interpol Red Notice; terrorism weapons bar) Apr 04, 2022

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

*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

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

Special Episode - Interview with Elizabeth "Betty" Stevens (Article 1 Immigration Court; Immigration Law Section of the Federal Bar Association (FBA); consular work in Ethiopia; OIL District Court Section; testifying before Congress) Mar 31, 2022

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!

*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

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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Ep. 100!!! - Precedential Decisions from 3/21/2022 - 3/27/2022 (TPS; Florida possession of marijuana; realistic probability test; waivers; jurisdiction; habeas; INA § 237(a)(1)(H) waiver; deceased qualifying relative) Mar 28, 2022

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.
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

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

Ep. 99 - Precedential Decisions from 3/14/2022 - 3/20/2022 (aggravated felony theft; larceny; CIMT; divisibility; dwelling; motion to reopen; mental competency; good moral character) Mar 21, 2022

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

*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

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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Ep. 98 - Precedential Decisions from 3/7/2022 - 3/13/2022 (untimely BIA briefs; frivolous asylum finding; crime of domestic violence; aggravated felony - rape, money laundering; divisibility; I-130 petition & INA § 204(c)) Mar 14, 2022

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

*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.!
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

Ep. 97 - Precedential Decisions from 2/28/2022 - 3/6/2022 (advance parole & TPS; clear error; law relating to obstruction of justice; changed country conditions; non-LPR cancellation; deficient NTA & VD; nexus & family-based PSG; asylum deadline) Mar 07, 2022

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
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

Ep. 96 - Precedential Decisions from 2/21/2022 - 2/27/2022 (CIMT; false statement; § 209(b) adjustment of status; standards of review; termination & evidence of alienage; exceptional circumstances; frivolous asylum) Feb 28, 2022

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.
Docketwise
"Modern immigration software & case management"
Want to become a patron of Immigration Review?

Click here to check out our Patreon Page!

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

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Ep. 95 - Precedential Decisions from 2/14/2022 - 2/20/2022 (biometrics notice; CIMTs; administrative removal orders; exhaustion; South Sudan Convention Against Torture) Feb 21, 2022

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.
Docketwise
www.docketwise.com/immigration-review
"Modern immigration software & case management"
Want to become a patron of Immigration Review?

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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.

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Ep. 94 - Precedential Decisions from 2/7/2022 - 2/13/2022 (aggravated felony; adverse credibility; discretion; in absentia reopening; applicant for admission; CAT & relocation; deficient notice of referral; one year deadline; particularly serious crime) Feb 14, 2022

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.
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?

Click here to check out our Patreon Page!

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.

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Special Episode - Interview with The Joyful Attorney: Laura Kelley (Mindfulness; Personal Coaching; Organization; Time Management; Imposter Syndrome; Self-Worth; Immigration Lawyering) Feb 10, 2022

Interview with Laura Kelley (the Joyful Attorney), South Florida-based Immigration Attorney and Professional Certified Mindset Coach

*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?

Click here to check out our Patreon Page!

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

Ep. 93 - Precedential Decisions from 1/31/2022 - 2/6/2022 (reasonable fear review; Chinese Christians & asylum; deficient NTAs & in absentia removal order reopening; circumstance specific approach; amount of loss; forfeiture; particularly serious crime) Feb 07, 2022

[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.
Docketwise
www.docketwise.com/immigration-review
"Modern immigration software & case management"
Want to become a patron of Immigration Review?

Click here to check out our Patreon Page!

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

Ep. 92 - Precedential Decisions from 1/24/2022 - 1/30/2022 (burdens; improper fact finding; adverse credibility; aggravated felony theft offense; motion to reopen; equitable tolling; law relating to a controlled substance; cocaine isomers; divisibility) Jan 31, 2022

[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!
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

Ep. 91 - Precedential Decisions from 1/17/2022 - 1/23/2022 (aggravated felony theft offense; realistic probability test; divisibility; controlled substance offense; in absentia motion to reopen; recklessness; res judicata; CIMT; admission) Jan 24, 2022

[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!
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

Ep. 90 - Precedential Decisions from 1/10/2022 - 1/16/2022 (explicit adverse credibility; Gang Assessment Database; INA § 209(c) waiver; reliability of government evidence; reasonable relocation; ineffective assistance; notice to minors; maliciousness) Jan 17, 2022

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!
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

Ep. 89 - Precedential Decisions from 1/3/2022 - 1/9/2022 (continuance; U-visa; prosecution witness and particularity; particularly serious crime; Texas Assault - Family Violence; res judicata; adjustment of status and discretion; administrative notice) Jan 10, 2022

[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!
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

Ep. 88 - Precedential Decisions from 12/27/2021 - 1/2/2022 (bond; class-wide injunction; burdens; personal use exception under INA § 237(a)(2)(B)(i); conviction under INA § 101(a)(48); circumstance specific approach) Jan 03, 2022

[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!
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

Ep. 87 - Precedential Decisions from 12/20/2021 - 12/26/2021 (political persecution in Congo; VAWA motion to reopen; criminal bars to cancellation; habeas, in custody, and deportation; due process; CIMT and marijuana) Dec 27, 2021

[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
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

Ep. 86 - Precedential Decisions from 12/13/2021 - 12/19/2021 (withdrawal application for admission; exceptional & extremely unusual hardship; CAT & Haitian criminal deportees; R-K-K- & inter-proceedings evidence; IJ bias; reinstatement & illegal reentry) Dec 20, 2021

[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
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.

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Ep. 85 - Precedential Decisions from 12/6/2021 - 12/12/2021 (aggravated felony; separate and apart bond proceedings; harmless error; gender-based asylum; particularity; deficient NTA) Dec 13, 2021

[1:48] Patel and G-G-S-

[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!
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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.

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Ep. 84 - Precedential Decisions from 11/29/2021 - 12/5/2021 (domestic violence-based asylum; obstruction of justice aggravated felony; adverse credibility; IJ authority on remand; motion to reopen: reinstatement and deficient NTAs) Dec 06, 2021

[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
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"Modern immigration software & case management"

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*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.

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Special Episode - Interview with Jed Kurzban, Managing Partner of KKTP (background; How Justice is Served; deposition best practices; direct and cross-examination; expert witness strategy; law firm management) Dec 02, 2021

[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
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

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Ep. 83 - Precedential Decisions from 11/22/2021 - 11/28/2021 (changed country condition motions to reopen; OSC and stop-time rule; asylum, fundamental change in conditions, and political parties) Nov 29, 2021

[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"

*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.

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Ep. 82 - Precedential Decisions from 11/15/2021 - 11/21/2021 (pattern/practice persecution; reasoned consideration; particularly serious crime - drug trafficking; agg. fel. crime of violence; OSC in absentia reopening; reconsideration - change in law) Nov 22, 2021

[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
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.

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Ep. 81 - Precedential Decisions from 11/8/2021 - 11/14/2021 (CAT protection; credibility; totality of evidence; reinstatement; gross miscarriage of justice) Nov 15, 2021

[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
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.

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Ep. 80 - Precedential Decisions from 11/1/2021 - 11/7/2021 (stop-time rule and deficient NTAs; continuance and right to counsel; exhaustion; asylum, nexus, and credibility; L nonimmigrant visas & executive; CIMT - constitutionality and mens rea) Nov 08, 2021

[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
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/
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.

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Ep. 79 - Precedential Decisions from 10/25/2021 - 10/31/2021 (equitable tolling & BIA appeals; doctrine of consular nonreviewability; gender-based PSGs and gender violence; pro se asylum; "recent deportees" & CAT; standards of review) Nov 01, 2021

[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.

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Ep. 78 - Precedential Decisions from 10/18/2021 - 10/24/2021 (Fraihat; termination of proceedings; IJ authority; adverse credibility; inconsistency; reporting to police) Oct 25, 2021

[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

Special Episode - Interview with Bashir Ghazialam (Afghanistan; personal story; refugee resettlement; how to assist the people of Afghanistan) Oct 21, 2021

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):

*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

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Ep. 77 - Precedential Decisions from 10/11/2021 - 10/17/2021 (cumulative persecution analysis; I-130 and bonafide marriage; controlled substance offense and drug trafficking aggravated felony; divisibility; deficient NTA) Oct 18, 2021

[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

Ep. 76 - Precedential Decisions from 10/4/2021 - 10/10/2021 (economic persecution; waiver of argument; deficient NTA; Valdivia-Flores, accomplice liability, and crimes of violence; past persecution and failure to report; CAT and cumulative harm) Oct 11, 2021

[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

Ep. 75 - Precedential Decisions from 9/27/2021 - 10/3/2021 (deficient NTA; in absentia motion to reopen ; Niz Chavez; due process; pro se appeals; summary dismissal) Oct 04, 2021

[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

Ep. 74 - Precedential Decisions from 9/20/2021 - 9/26/2021 (nexus; Yemen; motion to reopen - changed country conditions, sua sponte, exceptional circumstances; NTA deficiencies; parole; accomplice & categorical approach; credibility) Sep 27, 2021

[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

Ep. 73 - Precedential Decisions from 9/13/2021 - 9/19/2021 (INA § 212(h) waiver; admission; lawfully admitted for permanent residence; fundamental fairness; INA § 240(b)(4)(B); probativeness of evidence; DHS burdens; hearsay evidence) Sep 20, 2021

[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

Ep. 72 - Precedential Decisions from 9/6/2021 - 9/12/2021 (detention; Joseph hearing; habeas; crimes of violence; divisibility; post-conviction relief; CIMT; crime of child abuse, abandonment, or neglect; mental health; reinstatement; credibility) Sep 13, 2021

[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

Ep. 71 - Precedential Decisions from 8/30/2021 - 9/5/2021 (aggravated felony and "alien"; credibility and Pidgin English; inconsistencies; derivative citizenship; CAT and willful blindness in Honduras) Sep 06, 2021

[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

Ep. 70 - Precedential Decisions from 8/23/2021 - 8/29/2021 (adverse credibility; reasonable fear proceedings & right to counsel; crime involving moral turpitude & retroactivity; asylum - relocation, particularly serious crime & past persecution) Aug 30, 2021

[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

Ep. 69 - Precedential Decisions from 8/16/2021 - 8/22/2021 (categorical approach; jurisdiction; expedited removal; due process; false claim; credibility; serious nonpolitical crime bar; particular social group) Aug 23, 2021

[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

Ep. 68 - Precedential Decisions from 8/9/2021 - 8/15/2021 (cancellation of removal; NACARA; convention against torture; government acquiescence; continuance; U visa; motion to reopen; changed country conditions; motion to reconsider; change in law) Aug 16, 2021

[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

Ep. 67 - Precedential Decisions from 8/2/2021 - 8/8/2021 (categorical approach; CIMT; particularly serious crime; particular social group; issue exhaustion; burdens of proof; motions to reopen; jurisdiction) Aug 09, 2021

[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.

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Ep. 66 - Precedential Decisions from 7/26/2021 - 8/1/2021 (DHS stipulations; crime of child abuse; divisibility & burdens; + $10,000 agg. fel.; jurisdiction & discretion; issue exhaustion; VAWA cancellation; nexus; adverse credibility) Aug 02, 2021

[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.
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"Modern immigration software & case management"

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*CONTACT INFORMATION
Email: kgregg@kktplaw.com
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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.

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Ep. 65 - Precedential Decisions from 7/19/2021 - 7/25/2021 (genocide; Rwanda; material misrepresentation; equity; latches; due process; non-LPR cancellation of removal; exceptional and extremely unusual hardship; change in IJ) Jul 26, 2021

[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

Ep. 64 - Precedential Decisions from 7/12/2021 - 7/18/2021 (administrative closure; reasonable fear review; termination; adverse credibility; IJ bias; motion to reopen; collateral estoppel; material support of terrorism; realistic probability test) Jul 19, 2021

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

Ep. 63 - Precedential Decisions from 7/5/2021 - 7/11/2021 (jurisdiction; non-LPR cancellation of removal; particular social group; gangs; tattoos; admission; voluntary departure; aggravated felony - INA § 101(a)(43)(R); California forgery) Jul 12, 2021

[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!
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

Ep. 62 - Precedential Decisions from 6/28/2021 - 7/4/2021 (detention; in absentia motion to reopen; particular social group - gangs; family based particular social group; child abuse; divisibility; defective NTA; conviction) Jul 05, 2021

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.
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.

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Ep. 61 - Precedential Decisions from 6/21/2021 - 6/27/2021 (defective NTA; Special Immigrant Juvenile status; < 30 grams marijuana; circumstance specific approach; conviction; changed country condition motion to reopen; voluntary departure; particularity) Jun 28, 2021

[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

Ep. 60 - Precedential Decisions from 6/14/2021 - 6/20/2021 (asylum; particular social group; domestic violence; family group; regulations; family unification; withholding; changed country condition & sua sponte motion to reopen) Jun 21, 2021

[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

Ep. 59 - Precedential Decisions from 6/7/2021 - 6/13/2021 (TPS; admission; crime of violence elements clause; recklessness; one year filing deadline & changed circumstances; CIMT & petty larceny; due process & venue; standard of review & CAT deferral) Jun 14, 2021

[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

Ep. 58 - Precedential Decisions from 5/31/2021 - 6/6/2021 (adverse credibility; administrative closure; Kisor deference; past persecution; new regulations; sua sponte motion to reopen; departure bar; nexus) Jun 07, 2021

[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
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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.

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Ep. 57 - Precedential Decisions from 5/24/2021 - 5/30/2021 (illegal reentry convictions; IJ duty to develop record; MS-13; past torture; returning LPR applicant for admission; hardship; reason to believe drug trafficking) May 31, 2021

[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.

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Ep. 56 - Precedential Decisions from 5/17/2021 - 5/23/2021 (membership in Tier III terrorist organization; issue preclusion; fugitive disentitlement doctrine; unable/unwilling; complete helplessness; INA § 101(a)(43)(D); derivative citizenship) May 24, 2021

[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.

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Special Episode - Interview with John Pratt, Partner at KKTP (personal and professional background; exploding briefcases; EB-5 visas; regional center program; AILA national elections) May 22, 2021

[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

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Ep. 55 - Precedential Decisions from 5/10/2021 - 5/16/2021 (derivative citizenship; in absentia motion to reopen; extraordinary circumstances; preconclusion voluntary departure; evidence of conviction; termination of asylum and "danger"; past persecution) May 17, 2021

[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

Ep. 54 - Precedential Decisions from 5/3/2021 - 5/9/2021 (administrative closure; reinstatement; aggravated felony theft; abandonment of asylum application; CIMT within five years of admission; Chevron deference; TPS, admission & statutory construction) May 10, 2021

[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 :

*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

Ep. 53 - Precedential Decisions from 4/26/2021 - 5/2/2021 (cancellation of removal; stop-time rule; statutory interpretation; pardons; former INA 212(c) relief; U-Visa waivers; controlled substance divisibility) May 03, 2021

[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!
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

Ep. 52 - Precedential Decisions from 4/19/2021 - 4/25/2021 (one year anniversary!!!!! - assault; aggravated felony; crime of violence; 18 U.S.C. 16(a)) Apr 26, 2021

[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!
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

Ep. 51 - Precedential Decisions from 4/12/2021 - 4/18/2021 (conditional lawful permanent resident; willful misrepresentation; pardons; possession of marijuana; divisibility; crime of child abuse, neglect, or abandonment; reasonable fear interview) Apr 19, 2021

[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!
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

Ep. 50 - Precedential Decisions from 4/5/2021 - 4/11/2021 (particular social groups; reinstatement; Cuban journalists; nexus; antique firearm; realistic probability; CIMT; factfinding) Apr 12, 2021

[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!
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

Special Episode - Interview with Helena Tetzeli, Partner at KKTP (immigration practice over the years, inspiration to become an attorney, employment visas, and advice for new lawyers) Apr 08, 2021

[1:48] Introduction
[2:53] Interview with Helena Tetzeli
Click this link to learn more about Helena!
*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

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Ep. 49 - Precedential Decisions from 3/29/2021 - 4/4/2021 (aggravated felony; statutory interpretation; CIMT - conspiracy, operating motor vehicle, and theft offenses; divisibility; res judicata; EAJA fees) Apr 05, 2021

[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!
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

Ep. 48 - Precedential Decisions from 3/22/2021 - 3/28/2021 (controlled substance; divisibility; burdens; affidavits; presumption of delivery; aggravated felony - drug trafficking and illegal reentry; reinstatement; particular social groups; mental health) Mar 29, 2021

[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!
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

Ep. 47 - Precedential Decisions from 3/15/2021 - 3/21/2021 (failure to maintain student status; adverse credibility - inconsistencies; citizenship and burdens; changed country conditions motions to reopen - personal circumstances) Mar 22, 2021

[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!
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

Ep. 46 - Precedential Decisions from 3/8/2021 - 3/14/2021 (realistic probability-Fla. marijuana poss.; CIMT-conspiracy, assault, threats; particularly serious crime-mental health; persecution and PSGs; reopening-changed conditions/in absentia; stepchild) Mar 15, 2021

[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!
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/
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

Ep. 45 - Precedential Decisions from 2/29/2021 - 3/7/2021 (burdens; categorical approach; relief from removal; asylum; family affidavits; motion to reopen and VAWA cancellation of removal; asylum and firm resettlement bar; threats) Mar 08, 2021

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!
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

Ep. 44 - Precedential Decisions from 2/16/2021 - 2/28/2021 (INA § 245(i); meritorious in fact; VAWA cancellation; presumption of credibility; political opinion - gangs; protective orders; particularly serious crime; controlled substance divisibility) Mar 01, 2021

[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)

particularly serious 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!
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

Ep. 43 - Precedential Decisions from 2/15/2021 - 2/21/2021 (particularly serious crime; firearms trafficking; nexus for asylum; mixed motive; "one reason" for withholding; Mexico) Feb 22, 2021

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!
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

Ep. 42 - Precedential Decisions from 2/8/2021 - 2/14/2021 (asylum; particular social group; nexus; particularly serious crime; mental health; adverse credibility; torture - "rogue official," solitary confinement; motion to reopen - OSC) Feb 15, 2021

[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.
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

Ep. 41 - Precedential Decisions from 2/1/2021 - 2/7/2021 (serious non-political crime; Red Notice; probable cause; jurisdiction; non-LPR cancellation of removal; corroboration; credibility; reinstatement; illegal reentry) Feb 08, 2021

[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
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

Ep. 40 - Precedential Decisions from 1/25/2021 - 1/31/2021 (particular social group; particularity; former gang members; past persecution - attempted rape; voluntary departure; stop-time rule; CIMT; continuance, U-Visa, and motion to reopen) Feb 01, 2021

[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!
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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
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

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Special Episode - Interview with Ed Ramos, Partner at KKTP (jurisdiction, discretion, petitions for review, and petitions for certiorari) Jan 27, 2021

[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:

*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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*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

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Ep. 39 - Precedential Decisions from 1/18/2021 - 1/24/2021 (divisibility of drug offenses; different penalties; motions to reopen; equitable tolling; exhaustion) Jan 25, 2021

[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
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"Modern immigration software & case management"

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*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/4.0

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Ep. 38 - Precedential Decisions from 1/5/2021 - 1/17/2021 (asylum; unable or unwilling to protect; nexus; past persecution; reasonable fear; exceptional circumstances for reopening; admin closure; repapering) Jan 18, 2021

[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!
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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
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"Modern immigration software & case management"

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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 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

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Ep. 37 - Precedential Decisions from 1/4/2021 - 1/10/2021 (adverse credibility and fraudulent documents; particular social groups - women and domestic violence; equitable tolling; jurisdiction, reviewability, and questions of law + fact) Jan 11, 2021

[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
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

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Ep. 36 - Precedential Decisions from 12/28/20 - 1/3/2021 (mootness; Special Agricultural Worker program (SAW); crime of violence aggravated felony; INA § 101(a)(43)(M)(i) aggravated felony; +$10,000 amount of loss) Jan 04, 2021

[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
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

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Special Episode - Interview with the Student Clinic for Immigrant Justice (SCIJ) Dec 30, 2020

[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"

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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 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

Ep. 35 - Precedential Decisions from 12/21/20 - 12/27/2020 (crimes of child abuse/neglect/abandonment; conspiracy to commit INA 101(a)(43)(M)(i) agg. fel.; changed country condition motions to reopen; particular social group - nexus and cognizability) Dec 28, 2020

[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!
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

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Ep. 34 - Precedential Decisions from 12/14/20 - 12/20/2020 (expert testimony; asylum - nexus; reasonable relocation; motion to reopen based on change of law; CIMT and recklessness) Dec 21, 2020

[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!
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

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Ep. 33 - Precedential Decisions from 12/7/20 - 12/13/2020 (attorney admissions and concessions; credible fear jurisdiction; CAT; authenticating foreign official documents) Dec 14, 2020

[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.
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

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Ep. 32 - Precedential Decisions from 11/30/20 - 12/6/2020 (motions to reopen: ineffective assistance of counsel and reinstatement; U-Visas; abandonment of LPR status) Dec 07, 2020

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!
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

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Ep. 31 - Precedential Decisions from 11/23/20 - 11/29/20 (TPS; admission; adjustment of status; past persecution; administrative closure; exhaustion; CAT; reinstatement) Nov 30, 2020

[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!
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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
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

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Special Episode - Interview with retired Immigration Judge Zsa Zsa DePaolo Nov 27, 2020

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!
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.
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"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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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

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Ep. 30 - Precedential Decisions from 11/16/20 - 11/22/20 (motion to reopen; ineffective assistance of counsel and prejudice; expert testimony; gang activity; convention against torture) Nov 23, 2020

[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

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Ep. 29 - Precedential Decisions from 11/9/20 - 11/15/20 (motion to reopen; frivolous asylum finding; burdens at relief stage; aggravated felony +$10,000; corroboration) Nov 16, 2020

[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

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Ep. 28 - Precedential Decisions from 11/2/20 - 11/8/20 (persecutor bar; history of asylum; stop-time rule and vacated convictions; particular social group) Nov 09, 2020

[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

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Ep. 27 - Precedential Decisions from 10/26/20 - 11/1/20 (marriage fraud; detention; PSG and circularity; equitable tolling; TPS; drug trafficking aggravated felony; retroactive affect of sentence reduction) Nov 02, 2020

[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

Ep. 26 - Precedential Decisions from 10/19/20 - 10/25/20 (aggravated felony: sexual abuse of a minor, CIMT, categorical approach, bars to cancellation of removal, age-out for cancellation of removal) Oct 26, 2020

[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

Ep. 25 - Precedential Decisions from 10/12/20 - 10/18/20 (material support of terrorism, family-based PSG + nexus, categorical approach - drug trafficking and CIMTs, credibility) Oct 19, 2020

[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"

*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

Special Episode - The Immigration Lawyers Podcast by John Khosravi feat. Kevin A. Gregg Oct 15, 2020

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
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

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Ep. 24 - Precedential Decisions from 10/5/20 - 10/11/20 (LPR cancellation of removal, immigration relief and criminal convictions, DHS authority to charge, IJ duty to advise of asylum) Oct 12, 2020

[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
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

Ep. 23 - Precedential Decisions from 9/28/20 - 10/4/20 (preliminary injunction, executive authority, USCIS fees, jurisdictional bars to review, asylum, particular social group, unable and unwilling) Oct 05, 2020

[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
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

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Ep. 22 - Precedential Decisions from 9/21/20 - 9/27/20 (asylum, particular social group, nexus, expert testimony, inadmissibility and applicants for admission, continuances, police reports, ineffective assistance of counsel) Sep 28, 2020

[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?

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

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Ep. 21 - Precedential Decisions from 9/14/20 - 9/20/20 (RBG, TPS, particularly serious crime, aggravated felony - sexual abuse and receipt of stolen property, asylum-only and stowaways, CIMT - assault, asylum) Sep 21, 2020

[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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*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

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Ep. 20 - Precedential Decisions from 9/7/20 - 9/13/20 (deferral of removal, mental health institutions, standard of review, Mexico, El Salvador, asylum, unable or unwilling to control gangs) Sep 14, 2020

[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

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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

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Ep. 19 - Precedential Decisions from 8/31/20 - 9/6/20 (continuances, due process, material support of terrorism bar, unable or unwilling to protect - asylum, deferral of removal - religious conversion, VAWA cancellation of removal) Sep 07, 2020

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

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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

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Ep. 18 - Precedential Decisions from 8/24/20 - 8/30/20 (adverse credibility; omissions; motions to reopen: asylum, equitable tolling, and VAWA; aggravated felony perjury; reasonable fear interview) Aug 31, 2020

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

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Ep. 17 - Precedential Decisions from 8/17/20 - 8/23/20 (aggravated felony, fraud or deceit over $10,000, sexual abuse of a minor, crime of violence, drug CIMTs, derivative citizenship, jurisdiction-stripping provisions, false claim to U.S. citizenship) Aug 23, 2020

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?
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*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

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Ep. 16 - Precedential Decisions from 8/10/20 - 8/16/20 (asylum, reasonable relocation, aggravated felony, murder, CIMT, "admission," VAWA, sua sponte motion to reopen, incorrect charges in NTA, particular social groups, pattern and practice) Aug 17, 2020

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

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*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

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Ep. 15 - Precedential Decisions from 8/3/20 - 8/9/20 (aggravated felony offense relating to obstruction of justice, Matter of A-B-, domestic violence, Chevron deference, in absentia motions to reopen, TPS, crime of child abuse, circuit review) Aug 09, 2020

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

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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

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Ep. 14 - Precedential Decisions from 7/28/20 - 8/2/20 (AG's categorical approach for aggravated felonies; CIMT; controlled substance divisibility; asylum; China; Sri Lanka; Albania; India; CAT deferral; Iraq; South Sudan) Aug 02, 2020

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

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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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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

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Ep. 13 - Precedential Decisions from 7/20/20 - 7/27/20 (divisibility, drug delivery, derivative citizenship, drug trafficking, CAT, particularly serious crimes, corroboration, TPS & admissions, asylum, credibility, prosecution vs. persecution) Jul 26, 2020

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

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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

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Special Episode - "ReThinking" Immigration by Bill Crocker feat. Kevin A. Gregg Jul 24, 2020

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/

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Ep. 12 - Precedential Decisions from 7/13/20 - 7/19/20 (CAT, public official, MPP, motion to suppress, PSG, former gang members, changed country conditions, firearms offense, CIMT, LPR cancellation, stop-time rule, retroactivity) Jul 19, 2020

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/

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Ep. 11 - Precedential Decisions from 7/6/20 - 7/12/20 (challenging USCIS denials, changed country conditions, 212(h) waiver, inspection and admission, CIMT, petty theft, realistic probability test, firearms offense) Jul 12, 2020

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/

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Ep. 10 - Precedential Decisions from 6/29/20 - 7/5/20 (third-country transit rule, derivative citizenship, refugee status, particular social groups, & an exciting announcement!) Jul 05, 2020

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/

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Ep. 9 - Precedential Decisions from 6/22/20 - 6/28/20 (credible fear habeas corpus, administrative closure, CIMT, aggravated felony, in absentia motion to reopen, changed country conditions, CAT) Jun 28, 2020

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/

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Special Episode - Featuring author & founder of KKTP, Ira J. Kurzban, on SCOTUS's DACA decision, the history of DACA and the APA, their practical implications, and Immigrants' List Jun 24, 2020

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/

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Ep. 8 - Precedential Decisions from 6/15/20 - 6/21/20 (DACA, K-1 fiance visa, right to counsel, visa waiver program, PSG) Jun 21, 2020

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/

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Ep. 7 - Precedential Decisions from 6/8/20 - 6/14/20 (controlled substance, realistic probability test, CAT, changed country condition motions to reopen, unaccompanied alien minor) Jun 14, 2020

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/

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Ep. 6 - Precedential Decisions from 6/1/20 - 6/7/20 (Torture Convention, due process, derivative citizenship, CIMT, ineffective assistance of counsel) Jun 07, 2020

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/

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Ep. 5 - Precedential Decisions from 5/25/20 - 5/31/20 (firearms offense, CIMT, controlled substance, aggravated felony crime of violence, asylum) May 31, 2020

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/

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Ep. 4 - Precedential Decisions from 5/18/20 - 5/24/20 (asylum, withholding of removal, domestic violence, pardons, ineffective assistance of counsel, u-visa) May 24, 2020

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/

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Ep. 3 - Precedential Decisions from 5/11/20 - 5/17/20 (sua sponte motion to reopen, agency deference, jurisdiction, retroactivity, CIMT, evidence, due process, asylum) May 17, 2020

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/

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Ep. 2 - Precedential Decisions from 5/1/20 - 5/10/20 (categorical approach, aggravated felony, controlled substance, CIMT, asylum, MPP, NTA) May 10, 2020

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/

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Ep. 1 - Precedential Decisions from 3/25/20 - 5/1/20 (cancellation of removal, adjustment of status, motion to reopen, asylum, ineffective assistance of counsel) May 04, 2020

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
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*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/

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