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    Education

    Immigration Review

    A weekly podcast of immigration case summaries and practice insights from your host, Kevin A. Gregg, a partner at the law firm Kurzban Kurzban Tetzeli & Pratt P.A.

    Each Tuesday, the Immigration Review podcast reviews the latest published opinions from the U.S. Supreme Court, the Board of Immigration Appeals, and all U.S. Circuit Courts of Appeals—discussing some in depth, providing holdings for others, and always giving practical insights, rummaging through the week’s decisions so you don’t have to.

    *Read about your host and the KKTP law firm here: https://www.kktplaw.com/attorney/gregg-kevin-a/

    Advertise

    Copyright: ℗ & © 2020 Immigration Review

    • Apple Podcasts
    • Google Play
    • Spotify

    Latest Episodes:
    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
    Show notes

    [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
    Show notes

    [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
    Show notes

    [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
    Show notes

    [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.

    Support the show


    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
    Show notes

    [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.
    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. 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
    Show notes

    [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
    Show notes

    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
    Show notes

    [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
    Show notes

    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.

    Support the show


    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
    Show notes

    [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


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