Immigration Review

Latest Episodes:

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

Show notes

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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DISCLAIMER & CREDITS
See Eps. 1-200

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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

Show notes

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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DISCLAIMER & CREDITS
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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

Show notes

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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DISCLAIMER & CREDITS
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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

Show notes

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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DISCLAIMER & CREDITS
See Eps. 1-200

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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

Show notes

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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DISCLAIMER & CREDITS
See Eps. 1-200

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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

Show notes

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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DISCLAIMER & CREDITS
See Eps. 1-200

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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

Show notes

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

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DISCLAIMER & CREDITS
See Eps. 1-200

Support the show

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

Show notes

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

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DISCLAIMER & CREDITS
See Eps. 1-200

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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

Show notes

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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DISCLAIMER & CREDITS
See Eps. 1-200

Support the show

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

Show notes

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

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