Immigration Review

Latest Episodes:

Ep. 60 - Precedential Decisions from 6/14/2021 - 6/20/2021 (asylum; particular social group; domestic violence; family group; regulations; family unification; withholding; changed country condition & sua sponte motion to reopen) Jun 21, 2021

Show notes

[2:13] Matter of A-B-, 28 I&N Dec. 307 (A.G. 2021)

particular social group; Matter of A-B-; Matter of A-B- II; Matter of A-R-C-G-

[5:51] Matter of L-E-A-, 28 I&N Dec. 304 (A.G. 2021)

particular social group; Matter of L-E-A- II; family nexus; Niz-Chavez motion to terminate

[9:24] Thamotar v. U.S. Att’y Gen., No. 19-12019 (11th Cir. June 17, 2021)

asylum; withholding of removal; discretion; family unification; 8 C.F.R. § 1208.16(e); Sri Lanka; Tamil

[16:22] Darby v. Att’y Gen. U.S., No. 20-2107 (3rd Cir. June 17, 2021)

changed country condition motion to reopen; CAT; materiality; prima facie standard; sua sponte; Jamaica

*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"

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*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. 59 - Precedential Decisions from 6/7/2021 - 6/13/2021 (TPS; admission; crime of violence elements clause; recklessness; one year filing deadline & changed circumstances; CIMT & petty larceny; due process & venue; standard of review & CAT deferral) Jun 14, 2021

Show notes

[2:55] Sanchez v. Mayorkas, No. 20-315 (U.S. June 7, 2021)

temporary protected status; TPS; admission; statutory interpretation
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[9:51] Bordon v. U.S., No. 19-5410 (U.S. June 10, 2021)

ACCA; violent felony; crime of violence; INA § 101(a)(43)(F); 18 U.S.C. § 16(a); elements clause; recklessness; all mens rea

[18:26] Matter of D-G-C-, 28 I&N Dec. 297 (BIA 2021)

asylum; one year filing deadline; changed circumstances; definition of material

[23:33] Veloz v. Garland, No. 19-4111 (2d Cir. June 7, 2021)

New York petit larceny; N.Y. Pen. L. § 155.25; intent to appropriate; N.Y. Pen. L. § 155.00(4)(b); CIMT; Matter of Diaz-Lizarraga

[28:13] Tobias-Chaves v. Garland, No. 20-4020 (6th Cir. June 8, 2021)

procedural due process; prejudice; jurisdiction; venue; prejudice

[31:58] Soto-Soto v. Garland, No. 20-70587 (9th Cir. June 11, 2021)

standard of review; clear error; de novo; CAT deferral; indigenous women; Mexico; Interpol Red Notice

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Ep. 58 - Precedential Decisions from 5/31/2021 - 6/6/2021 (adverse credibility; administrative closure; Kisor deference; past persecution; new regulations; sua sponte motion to reopen; departure bar; nexus) Jun 07, 2021

Show notes

[1:48] Ep. preview with United States v. Abdul Aziz (1st Cir. Jun. 2, 2021)

Massachusetts marijuana and hemp

[2:44] Garland v. Dai, No. 19-1155 (U.S. June 1, 2021)

adverse credibility; presumption of credibility; deemed credible; persuasiveness

[8:26] Garcia-Deleon v. Garland, No. 20-3957 (6th Cir. June 4, 2021)

administrative closure; Castro-Tum; regulatory interpretation; provisional unlawful presence waiver; 8 C.F.R § 212.7(e)(4)(iii)

[13:29] Padilla-Franco v. Garland, No. 20-2415 (8th Cir. June 2, 2021)

asylum; past persecution; particular social group; extortion; BIA standard of review

[17:09] Rubalcaba v. Garland, No. 17-70845 (9th Cir. June 2, 2021)

sua sponte motion to reopen; departure bar; Kisor deference

[23:06] Sanchez-Castro v. U.S. Att’y Gen., No. 19-15091 (11th Cir. June 1, 2021)

nexus; family-based particular social group; government acquiescence; MS-13; El Salvador

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Ep. 57 - Precedential Decisions from 5/24/2021 - 5/30/2021 (illegal reentry convictions; IJ duty to develop record; MS-13; past torture; returning LPR applicant for admission; hardship; reason to believe drug trafficking) May 31, 2021

Show notes

[2:13] United States v. Palomar-Santiago, No. 20-437 (U.S. May 24, 2021)

8 U.S.C. § 1326(d); illegal reentry; Leocal; motion to reopen; change in law

[7:42] Quintero v. Garland, No. 19-1904 (4th Cir. May 26, 2021)

presumption of credibility; duty to develop record; Matter of W-Y-C- & H-O-B-; pro se respondents;acquiescence; aggregate harm; Convention Against Torture; El Salvador; MS-13

[16:18] Dawson v. Garland, No. 19-73124 (9th Cir. May 26, 2021)

Convention Against Torture; past torture; protective order; changed personal conditions; relocation; Jamaica

[20:28] Vazquez Romero v. Garland, No. 15-72947 (9th Cir. May 28, 2021)

applicant for admission; returning LPR; Matter of Valenzuela-Felix; INA § 101(a)(13)(C); CIMT; California petty theft; bond

[28:17] Tacuri-Tacuri v. Garland, No. 19-1687 (1st Cir. May 24, 2021)

INA § 240A(b); non-LPR cancellation of removal; exceptional and extremely unusual hardship

[34:21] Rojas v. Garland, No. 19-1944 (8th Cir. May 27, 2021)

knows or has reason to believe illicit trafficker in a controlled substance; INA § 212(a)(2)(C); probable cause; criminal alien bar; INA § 242(a)(2)(C)

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Ep. 56 - Precedential Decisions from 5/17/2021 - 5/23/2021 (membership in Tier III terrorist organization; issue preclusion; fugitive disentitlement doctrine; unable/unwilling; complete helplessness; INA § 101(a)(43)(D); derivative citizenship) May 24, 2021

Show notes

[2:28] Islam v. DHS, No. 19-13287 (11th Cir. May 20, 2021)

INA § 212(a)(3)(B); membership in a terrorist organization; definition of Tier III terrorist organization; jurisdiction; issue preclusion; collateral estoppel; “actually litigated”; void for vagueness; Bangladesh Nationalist Party or BNP

[12:01] Figueroa v. Att’y Gen. U.S., No. 19-1419 (3d Cir. May 19, 2021)

fugitive disentitlement doctrine; unable or unwilling to control; complete helplessness; condone; consent, acquiesce, or willful blindness; CAT; withholding gang violence; Honduras

[18:31] Maniar v. Garland, No. 18-60667 (5th Cir. May 20, 2021)

INA § 101(a)(43)(D); conspiracy; aggravated felony; Chenery; Niz-Chavez; jurisdiction

[22:42] Carino v. Garland, No. 18-72985 (9th Cir. May 18, 2021)

derivative citizenship; INA § 321(a); legal custody; nunc pro tunc state court orders; Congressional intent; federalism; Philippines; Convention Against Torture; drugs

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Special Episode - Interview with John Pratt, Partner at KKTP (personal and professional background; exploding briefcases; EB-5 visas; regional center program; AILA national elections) May 22, 2021

Show notes

[01:48] Introduction
[03:18] Interview with John Pratt
[19:51] EB-5 visas and Regional Center Program
[35:24] AILA National elections
Click this link to learn more about John!

*Please note
This interview slightly misstates the factual circumstances of the Iran-Contra Affair. Our apologies!
*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. 55 - Precedential Decisions from 5/10/2021 - 5/16/2021 (derivative citizenship; in absentia motion to reopen; extraordinary circumstances; preconclusion voluntary departure; evidence of conviction; termination of asylum and "danger"; past persecution) May 17, 2021

Show notes

[2:22] Cheneau v. Garland, No. 15-70636 (9th Cir. May 13, 2021) (en banc)

derivative citizenship; former INA § 321(a)(5) (repealed); statutory interpretation; cannon against superfluity; cannon when Congress uses language it omits elsewhere; Congressional intent; family unity; history of the INA

[11:37] Hernandez-Galand v. Garland, No. 17-70538 (9th Cir. May 12, 2021)

motion to reopen; in absentia;INA § 240(b)(5)(C)(i); exceptional circumstances; totality of circumstances; persuasiveness of affidavit

[18:21] Blanc v. U.S. Att'y Gen., No. 19-12508 (11th Cir. May 11, 2021)

Pre-conclusion voluntary departure under INA § 240B(a); jurisdiction; BIA authority; factfinding; discretion; Patel and Kurapati

[24:48] Nguyen v. Garland, No. 19-60342 (5th Cir. May 12, 2021)

conviction; INA § 101(a)(43)(A); criminal alien jurisdictional bar; unsigned documents

[28:45] Mirza v. Garland, No. 20-60132 (5th Cir. May 12, 2021)

termination of asylum; INA § 212(b)(2)(A)(iv); Matter of A-H-; probable cause standard; danger; reasonable grounds; Mohajir Quami Movement (MQM); Chevron deference

[36:18] Thayalan v. Att’y Gen. U.S., No. 20-2270 (3d Cir. May 10, 2021)

past persecution; asylum; pattern of mistreatment; extortion; Matter of A-B- II, Sri Lanka; Tamil

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Ep. 54 - Precedential Decisions from 5/3/2021 - 5/9/2021 (administrative closure; reinstatement; aggravated felony theft; abandonment of asylum application; CIMT within five years of admission; Chevron deference; TPS, admission & statutory construction) May 10, 2021

Show notes

[2:13] Arcos Sanchez v. Att’y Gen. U.S., No. 20-1843 (3d Cir. May 5, 2021)

administrative closure; regulations; regulatory interpretation; Kisor deference; DACA

[8:56] Romero v. Att’y Gen. U.S., No. 19-3705 (3d Cir. May 5, 2021)

reinstatement; withholding only proceedings; jurisdiction; notice of referral; Form I-863; Pereira

[12:51] K.A. v. Att’y Gen. U.S., No. 17-3640 (3d Cir. May 4, 2021)

second-degree New Jersey robbery in violation of N.J. Stat. Ann. § 2C:15-1; aggravated felony “theft offense” under INA § 101(a)(43)(G); New Jersey theft; consent through fraud; affirmative defense

[22:43] Guzman-Garcia v. Garland, No. 20-1966 (7th Cir. May 3, 2021)

asylum; withholding of removal; well-founded fear; gangs; Mexico

[25:37] Gonzalez-Veliz v. Garland, No. 19-72090 (9th Cir. May 4, 2021)

abandonment of asylum application; biometrics; continuance; good cause

[32:23] Artola v. Garland, No. 19-1286 (8th Cir. May 5, 2051)

LPR cancellation of removal; INA § 240A(a); TPS; admission; INA § 244(e); statutory construction; plain text

[38:49] Route v. Garland, No. 19-72854 (9th Cir. May 6, 2021)

CIMT within 5 years; INA § 237(a)(2)(A)(i); Micronesia; Compact of Free Association Amendments Act of 2003; US-FSM COFA § 141; Matter of Alyazji; admission; Chevron deference; unpublished BIA decision

Links referenced in Arcos Sanchez :

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. 53 - Precedential Decisions from 4/26/2021 - 5/2/2021 (cancellation of removal; stop-time rule; statutory interpretation; pardons; former INA 212(c) relief; U-Visa waivers; controlled substance divisibility) May 03, 2021

Show notes

[2:53] Niz-Chavez v. Garland, No. 19-863 (U.S. Apr. 29, 2021)

non-LPR cancellation of removal; stop-time rule; implication of the indefinite article “a”; statutory interpretation; Dictionary Act; motion to reopen; claims processing rule

[15:20] Tetteh v. Garland, No. 19-2357 (4th Cir. Apr. 27, 2021)

pardons; INA § 237(a)(2)(A)(vi); Georgia First Offender Act, Ga. Code Ann. § 42-8-60; former INA § 212(c); definition of conviction

[22:16] Jimenez-Rodriguez v. Garland, No. 19-2467 (4th Cir. Apr. 29, 2021)

U-visa; waivers; Chenrey doctrine; IJ authority; INA § 212(d)(3)(A)(ii); regulatory interpretation; limits of expressio unius canon

[29:54] USA v. Figueroa-Beltran, No. 16-10388 (9th Cir. Apr. 27, 2021)

Nevada Revised Statute § 453.337; 8 U.S.C. § 1326(a); divisibility; drug trafficking; sentence enhancement

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Ep. 52 - Precedential Decisions from 4/19/2021 - 4/25/2021 (one year anniversary!!!!! - assault; aggravated felony; crime of violence; 18 U.S.C. 16(a)) Apr 26, 2021

Show notes

[2:13] Happy anniversary, and thank you!
[4:40] Thompson v. Garland, No. 17-3494 (2d Cir. Apr. 22, 2021)