Immigration Review

Latest Episodes:

Ep. 246 - Precedential Decisions from 1/6/2025 - 1/12/2025 (Laken Riley Act; duty to intervene standard for government acquiesce or consent for CAT deferral; UN duty to intervene; two-pronged analysis; Boko Haram; Nigeria) Jan 13, 2025

Show notes

Akinsanya v. Garland, No. 24-1412 (1st Cir. Jan. 10, 2025)

duty to intervene standard for government acquiesce or consent for CAT deferral; UN duty to intervene; two-pronged analysis; Boko Haram; Nigeria

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About your host
Case notes
Recent criminal-immigration article (p.18)
Featured in San Diego Voyager
All praise to the pod's wonderful editors!
- Luana Lima Serra

DISCLAIMER & CREDITS
See Eps. 1-200

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Ep. 245 - Precedential Decisions from 12/30/2024 - 1/5/2025 (SCOTUS preview; crime of violence; “bodily injury”; emotional or verbal injury; realistic probability test; wholesale exclusion of evidence during discretionary analysis as legal error) Jan 06, 2025

Show notes

United States v. Defrance, No. 23-2409 (9th Cir. Dec. 30, 2024)

crime of violence; “bodily injury”; MT Code Ann. § 45-5-206(1)(a); assault; emotional or verbal injury; realistic probability test

Zarzecki v. Garland, No. 21-3267 (7th Cir. Jan. 3, 2025)

wholesale exclusion of evidence during adjustment of status discretionary analysis as legal error; de novo review of discretion

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Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
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CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview

About your host
Case notes
Recent criminal-immigration article (p.18)
Featured in San Diego Voyager
All praise to the pod's wonderful editors!
- Luana Lima Serra

DISCLAIMER & CREDITS
See Eps. 1-200

Support the show

Ep. 244 - Precedential Decisions from 12/23/2024 - 12/29/2024 (prior adverse credibility & reopening; stolen property aggravated felony; VAWA & hardship reopening; well-founded fear & Brazil; definition of exceptional & extremely unusual hardship) Dec 30, 2024

Show notes

Singh v. Garland, No. 23-2065 (9th Cir. Dec. 24, 2024)

prior adverse credibility & motion to reopen; disregarding affidavits; corroborating evidence; falsus in uno, falsus in omnibus; Mann party; Sikh; Badal Party

Chmukh v. Garland, No. 21-1096 (9th Cir. Dec. 23, 2024)

RCW § 69.50.4013; possession of stolen property aggravated felony; INA § 101(a)(43)(G); particularly serious crime; aggravated felony satisfying N-A-M- first step; dangerousness; issue exhaustion; Ukraine

Magana-Magana v. Garland, No. 23-1887 (9th Cir. Dec. 26, 2024)

VAWA motion to reopen; jurisdiction; mixed question of law and fact; extraordinary circumstances or extreme hardship to children; exhaustion; sua sponte

Rodrigues v. Garland, No. 23-1776 (1st Cir. Dec. 27, 2024)

well-founded fear; objective reasonableness; drug dealers in Brazil; political opinion opposition to powerful family

Chacon-Ruiz v. Garland, No. 21-3694 (8th Cir. Dec. 24, 2024)

motion to reopen for exceptional and extremely unusual hardship; motion to reconsider; children in foster care

Mateo-Mateo v. Garland, No. 23-2694 (7th Cir. Dec. 24, 2024)

family-related violence-type asylum; harm by family member

Moctezuma-Reyes v. Garland, No. 24-0274 (6th Cir. Dec. 23, 2024)

legal definition of exceptional and extremely unusual hardship; agency deference post-Loper Bright; star decisis post-Loper Bright; rare hardship

National Immigration Project links:

Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
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DISCLAIMER & CREDITS
See Eps. 1-200

Support the show

Ep. 243 - Precedential Decisions from 12/16/2024 - 12/22/2024 (EB-2 visa; I-140 revocation; temporary Appellate IJ; Attorney General and INA § 103(g); BIA asylum affirmance; in absentia motion to reopen; hardship, voluntary departure &continuance review) Dec 23, 2024

Show notes

Viana Guedes, et al., v, Mayorkas, et al., No. 24-1228 (1st Cir. Dec. 16, 2024)

I-140 revocation; Bouarfa; jurisdiction; Patel; EB-2 NIW; discretion

Salomon-Guillen v. Garland, No. 23-1723 (4th Cir. Dec. 18, 2024)

temporary Appellate Immigration Judge; substantive vs. internal housekeeping regulations; agency following regulations where rights are affected; INA § 103(g); discretionary findings; extreme hardship; Patel

Albayero-Gomez v. Garland, No. 23-3549 (8th Cir. Dec. 20, 2024)

asylum; Matter of Burbano; unable or unwilling to protect; Guatemala

Luna v. Garland, No. 21-60195 (5th Cir. Dec. 17, 2024)

in absentia motion to reopen; Campos-Chavez; deficient NTA; Rodriguez; non-receipt of notice of hearing; sworn affidavit; presumption of delivery

Cuenca-Arroyo v. Garland, No. 23-60100 (5th Cir. Dec. 18, 2024)

exceptional and extremely unusual hardship; Wilkinson; jurisdiction to review voluntary departure; review of request for continuance

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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Twitter: @immreview

DISCLAIMER & CREDITS
See Eps. 1-200

Support the show

Ep. 242 - Precedential Decisions from 12/9/2024 - 12/15/2024 (crime of violence; H-1B & marijuana industry; revocation of I-130 petition; circumstance specific approach; aggravated felony rape; adverse credibility; family based particular social group) Dec 16, 2024

Show notes

Case round up:

United States v. Burwell, No. 16-3009 (D.C. Cir. Dec. 9, 2024) – crime of violence; divisibility; Federal bank robbery in violation of U.S.C. § 2113(a); common law robbery; Mathis peek; jury instructions
Treez, Inc. v. DHS, Case No. 22-cv-07027 (N.D. Cal. Dec. 3, 2024) – marijuana dispensary; H-1B; aiding and abetting controlled substance act violation

Bouarfa v. Mayorkas, et al., No. 23-583 (U.S. Dec. 10, 2024)

revocation of I-130 petition; INA § 204(c); jurisdiction; discretion; may; INA § 242(a)(2)(B)(ii)

Matter of Dominguez Reyes, 28 I&N Dec. 878 (BIA 2024)

amount of loss; circumstance specific approach; INA § 101(a)(43)(D); certification of criminal documents

Quito-Guachichulca v. Garland, No. 23-1069 (8th Cir. Dec. 9, 2024)

aggravated felony rape; INA § 101(a)(43)(A); sexual abuse; digital penetration; statutory interpretation; survey of state case law; res judicata

Mondzali Bopaka v. Garland, No. 21-1384 (1st Cir. Dec. 13, 2024)

adverse credibility; motion to reopen to submit new evidence; I-589 errors and omissions; inconsistencies; ineffective assistance of counsel motion to reopen; Republic of the Congo

Lopez-Quinteros v. Garland, No. 23-1890 (1st Cir. Dec. 13, 2024)

family based particular social group; business owners; mixed motive; gang extortion; El Salvador

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
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Twitter: @immreview

DISCLAIMER & CREDITS
See Eps. 1-200

Support the show

Ep. 241 - Precedential Decisions from 12/2/2024 - 12/8/2024 (Senator Markey Immigrants' List event!; mental health; extraordinary circumstances exception to one-year asylum deadline; changed circumstances; aggregating all sources of torture; gangs) Dec 09, 2024

Show notes

Escobar Larin v. Garland, No. 23-2088 (1st Cir. Dec. 5, 2024)

mental health; extraordinary circumstances exception to one-year asylum deadline; changed circumstances; aggregating all sources of torture; gangs; El Salvador

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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Email: kgregg@kktplaw.com
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Twitter: @immreview

DISCLAIMER & CREDITS
See Eps. 1-200

Support the show

Ep. 240 - Precedential Decisions from 11/25/2024 - 12/1/2024 (thank you Patrons!; CAT deferral; political power in Guinea; exhaustion of particularly serious crime argument before the BIA; MD. Crim. Code § 8-301(c)(2)(i) identity fraud) Dec 02, 2024

Show notes

Lamine Kouyate v. Garland, No. 23-1960 (4th Cir. Nov. 27, 2024)

CAT deferral; political power in Guinea; exhaustion of particularly serious crime argument before the BIA; MD. Crim. Code § 8-301(c)(2)(i) identity fraud

Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
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DISCLAIMER & CREDITS
See Eps. 1-200

Support the show

Ep. 239 - Precedential Decisions from 11/18/2024 - 11/24/2024 (BIA notice of appeal deadlines; equitable tolling; diligence; timely objection to deficient NTA; retroactivity; federal definition of marijuana; hemp; realistic probability test) Nov 25, 2024

Show notes

Diaz-Valdez v. Garland, No. 23-1576 (1st Cir. Nov. 22, 2024)

BIA notice of appeal deadlines; equitable tolling; diligence; extraordinary circumstances; attorney statements; evidentiary sufficiency; guaranteed delivery

Matter of Larios-Gutierrez De Pablo and Pablo-Larios, 28 I&N Dec. 868 (BIA 2024)

timely objection to deficient NTA; retroactivity; Matter of Fernandes; claims processing rule; change of law

USA v. Minor, No. 22-51083 (5th Cir. Nov. 20, 2024)

federal definition of marijuana; hemp; guideline sentence enhancement; time of comparison; Brown v. United States; realistic probability test does not apply

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Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
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DISCLAIMER & CREDITS
See Eps. 1-200

Support the show

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

Show notes

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

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
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Instagram: @immigrationreview
Twitter: @immreview

DISCLAIMER & CREDITS
See Eps. 1-200

Support the show

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

Show notes

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

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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Cerenade
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