Immigration Review

Latest Episodes:

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

Show notes

[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

*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

Show notes

[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

*Want to become a patron of Immigration Review?

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

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

Show notes

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

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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

Show notes

[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

*Want to become a patron of Immigration Review?

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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

Show notes

[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

*Want to become a patron of Immigration Review?

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

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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

Show notes

[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

*Want to become a patron of Immigration Review?

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

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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

Show notes

[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

*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

Show notes

[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

*Want to become a patron of Immigration Review?

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

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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

Show notes

[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

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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

Show notes

[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

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