Immigration Review

Latest Episodes:

Ep. 42 - Precedential Decisions from 2/8/2021 - 2/14/2021 (asylum; particular social group; nexus; particularly serious crime; mental health; adverse credibility; torture - "rogue official," solitary confinement; motion to reopen - OSC) Feb 15, 2021

Show notes

[2:53] Diaz De Gomez v. Wilkinson, No. 19-2115 (4th Cir. Feb. 8, 2021)

asylum; nexus; particular social group; nuclear family; extortion; gang recruitment; death threats; Los Zetas; Guatemala; Matter of A-B- II; Matter of L-E-A- II

[8:36] Macedo Templos v. Wilkinson, No. 15-73122 (9th Cir. Feb. 9, 2021)

withholding of removal; particular social group; nexus; “Mexican wealthy business owners”; Convention Against Torture; “rogue official”

[12:51] Santos-Ponce v. Wilkinson, No. 18-72433 (9th Cir. Feb. 10, 2021)

asylum; particular social group; “young Christian males who resist gang recruitment”; Honduras

[15:33] Zaruma-Guaman v. Wilkinson, No. 20-1533 (1st Cir. Feb. 9, 2021)

asylum; adverse credibility; inconsistencies; sworn statement; Ecuador

[18:47] Shazi v. Wilkinson, No. 19-2842 (8th Cir. Feb. 11, 2021)

particularly serious crime; Matter of G-G-S-; mental health; terroristic threats; Nasrallah - particularly serious crime; withholding; Iraq

[25:45] Gallina v. Wilkinson, No. 17-4058 (2d Cir. Feb. 12, 2021)

deferral of removal under the Convention Against Torture; “other procedures” under CAT regulations; mafia; solitary confinement; Italy

[30:33] Perez-Perez v. Wilkinson, No. 20-1048 (7th Cir. Feb. 11, 2021)

motion to reopen; in absentia; deportation proceedings; Periera v. Sessions; Order to Show Cause

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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.
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"Modern immigration software & case management"

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*CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: "Immigration Review Podcast" or @immigrationreview
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*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. 41 - Precedential Decisions from 2/1/2021 - 2/7/2021 (serious non-political crime; Red Notice; probable cause; jurisdiction; non-LPR cancellation of removal; corroboration; credibility; reinstatement; illegal reentry) Feb 08, 2021

Show notes

[2:44] Barahona v. Wilkinson, No. 20-1546 (8th Cir. Feb. 3, 2021)

serious non-political crime; asylum; probable cause; INA §§ 208(b)(2)(A)(iii), 241(b)(3)(B)(iii); burdens; Interpol Red Notice

[9:00] Tibakweitira v. Wilkinson, No. 18-60459 (5th Cir. Feb. 2, 2021)

withholding of removal; jurisdiction; particularly serious crime; INA § 242(a)(2)(C); Nasrallah; three member panel (BIA) and due process; motion to reopen

[13:56] Martinez-Baez v. Wilkinson, No. 20-1078 (7th Cir. Feb. 1, 2021)

corroboration; credibility; cancellation of removal; jurisdiction; INA § 242(a)(2)(B); INA § 242(a)(2)(D); statutory headings; Guerrero-Lasprilla

[21:04] Tomczyk v. Wilkinson, No. 16-72926 (9th Cir. Feb. 3, 2021)

reinstatement; INA § 241(a)(5); illegal entry; procedurally proper admission; waive through; statutory analysis

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Ep. 40 - Precedential Decisions from 1/25/2021 - 1/31/2021 (particular social group; particularity; former gang members; past persecution - attempted rape; voluntary departure; stop-time rule; CIMT; continuance, U-Visa, and motion to reopen) Feb 01, 2021

Show notes

[2:26] Amaya v. Rosen, No. 19-1619 (4th Cir. Jan. 25, 2021)

asylum; particular social group; particularity; former gang members; MS-13; El Salvador

[8:36] Kaur v. Wilkinson, No. 18-73001 (9th Cir. Jan. 29, 2021)

past persecution; attempted gang rape; sexual violence; nexus to government actor even when political party not in power; India; Mann Party

[14:14] Matter of H-L-S-A-, 28 I&N Dec. 228 (BIA 2021)

asylum; particular social group; social distinction; gangs; criminal witnesses; public testimony; MS-13; persecution in the United States

[20:11] Matter of Viera-Garcia and Ordonez-Viera, 28 I&N Dec. 223 (BIA 2021)

NTA; Pereira v. Sessions; voluntary departure; INA § 240B(b); stop-time rule

[24:39] Munoz-Rivera v. Wilkinson, No. 19-60376 (5th Cir. Jan. 27, 2021)

crime involving moral turpitude (CIMT); deception; use of an unauthorized social security number in violation of 42 U.S.C. § 408(a)(7)(B)

[29:24] Granados Benitez v. Wilkinson, No. 20-1541 (1st Cir. Jan. 28, 2021)

motion to reopen; changed circumstances; additional evidence; continuances; Matter of L-A-B-R-; U-Visa

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Special Episode - Interview with Ed Ramos, Partner at KKTP (jurisdiction, discretion, petitions for review, and petitions for certiorari) Jan 27, 2021

Show notes

[1:48] Introduction
[2:53] Interview with Ed Ramos
Click this link to learn more about Ed!
Helpful resources for issues discussed on the episode:

*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. 39 - Precedential Decisions from 1/18/2021 - 1/24/2021 (divisibility of drug offenses; different penalties; motions to reopen; equitable tolling; exhaustion) Jan 25, 2021

Show notes

[2:39] Matter of Dikhtyar, 28 I&N Dec. 214 (BIA 2021)

modified categorical approach; divisibility; Utah Code § 58-37-8(2)(a)(i); controlled substance offenses; different penalties

[10:25] Nkomo v. Att’y Gen. U.S., No. 19-2781 (3d Cir. Jan. 21, 2021)

motion to reopen; equitable tolling; exhaustion

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Ep. 38 - Precedential Decisions from 1/5/2021 - 1/17/2021 (asylum; unable or unwilling to protect; nexus; past persecution; reasonable fear; exceptional circumstances for reopening; admin closure; repapering) Jan 18, 2021

Show notes

[2:13] Matter of A-B-, 28 I&N Dec. 199 (A.G. 2021)

past persecution; unable or unwilling; relocation; nexus; but-for cause; Brand-X and Chevron

[8:52] Al Amiri v. Rosen, No. 19-1447 (1st Cir. Jan. 11, 2021)

asylum; Iraq; objectively reasonable fear; nexus; trips to country of removal

[13:05] Hussein v. Rosen, No. 18-70780 (9th Cir. Jan. 11, 2021)

asylum; due process rights of pro se respondents; IJ’s duty to develop the record

[17:34] Hassan v. Rosen, No. 19-2918 (8th Cir. Jan. 15, 2021)

CAT deferral; minority clan; Somalia; acquiescence and willful blindness; repatriation program for Al-Shabaab defectors

[20:04] E.A.C.A. v. Rosen, No. 20-3216 (6th Cir. Jan. 12, 2021)

motion to reopen; in absentia; exceptional circumstances; child birth; totality of circumstances; minor child

[26:29] Zelaya Diaz v. Rosen, No. 20-1304 (7th Cir. Jan. 15, 2021)

administrative closure; Accardi doctrine; repapering; cancellation of removal

[31:32] Meraz-Saucedo v. Rosen, No. 20-1438 (7th Cir. Jan. 15, 2021)

cancellation of removal; Pereira; timeliness; prejudice; Matter of Mendoza-Hernandez; nexus

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Ep. 37 - Precedential Decisions from 1/4/2021 - 1/10/2021 (adverse credibility and fraudulent documents; particular social groups - women and domestic violence; equitable tolling; jurisdiction, reviewability, and questions of law + fact) Jan 11, 2021

Show notes

[2:26] Matter of O-M-O-, 28 I&N Dec. 191 (BIA 2021)

adverse credibility; fraudulent document finding; IJ authority; expert testimony

[8:10] Velasquez Alvarado v. U.S. Att'y Gen., No. 20-10599 (11th Cir. Jan. 5, 2021)

asylum; particular social group; women unable to leave their relationship; Matter of A-B-; women viewed as property

[12:28] Ovalles v. Rosen, No. 17-60498 (5th Cir. Jan. 6, 2021)

motions to reopen; equitable tolling; change in law

[16:30] Singh v. Rosen, No. 20-3127 (6th Cir. Jan. 7, 2021)

cancellation of removal; mixed question of law and fact; jurisdiction; standards of review; hardship; Pereira; stop time rule

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Ep. 36 - Precedential Decisions from 12/28/20 - 1/3/2021 (mootness; Special Agricultural Worker program (SAW); crime of violence aggravated felony; INA § 101(a)(43)(M)(i) aggravated felony; +$10,000 amount of loss) Jan 04, 2021

Show notes

[2:11] Mendoza-Flores v. Rosen, No. 19-60225 (5th Cir. Dec. 29, 2020)

mootness; removal from the U.S.; collateral legal consequences; T-Visa

[6:59] Flores v. Rosen, No. 17-72888 (9th Cir. Dec. 30, 2020)

Special Agricultural Worker program (SAW); admissibility; statutory construction

[11:31] USA v. Al-Muwwakkil, No. 18-6201 (4th Cir. Dec. 28, 2020)

violent felony; ACCA; crime of violence aggravated felony; divisibility; categorical approach; attempted rape in violation of Va. Code Ann. § 18.1-44; burglary in violation of Va. Code Ann. § 18.2-90

[16:17] Garcia-Simisterra v. U.S. Att’y Gen., No. 19-13848 (11th Cir. Dec. 30, 2020)

INA § 101(a)(43)(M)(i) aggravated felony; +$10,000 amount of loss; circumstance specific approach; plea agreement; nolo contender plea; withhold adjudication of guilt

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Special Episode - Interview with the Student Clinic for Immigrant Justice (SCIJ) Dec 30, 2020

Show notes

[1:47] Interview with the Student Clinic for Immigrant Justice (SCIJ)

Jonathan Goldman, Executive Director
Students with SCIJ from Worcester State University and Brown University
More information here
Donate here

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Ep. 35 - Precedential Decisions from 12/21/20 - 12/27/2020 (crimes of child abuse/neglect/abandonment; conspiracy to commit INA 101(a)(43)(M)(i) agg. fel.; changed country condition motions to reopen; particular social group - nexus and cognizability) Dec 28, 2020

Show notes

[2:53] Matter of Rivera-Mendoza, 28 I&N Dec. 184 (BIA 2020)