Immigration Review

Latest Episodes:

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

Show notes

[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.

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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

Show notes

[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

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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

Show notes

[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

*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. 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

Show notes

[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

*Want to become a patron of Immigration Review?

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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

Show notes

[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

*Want to become a patron of Immigration Review?

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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

Show notes

[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

Support the show

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

Show notes

[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

*Want to become a patron of Immigration Review?

Check out our Patreon page at https://www.patreon.com/immigrationreview

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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

Show notes

[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

*Want to become a patron of Immigration Review?

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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

Show notes

[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

*Want to become a patron of Immigration Review?

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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

Show notes

[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

*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.

Support the show

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