Immigration Review

Latest Episodes:

Ep. 25 - Precedential Decisions from 10/12/20 - 10/18/20 (material support of terrorism, family-based PSG + nexus, categorical approach - drug trafficking and CIMTs, credibility) Oct 19, 2020

Show notes

[2:55] Hincapie-Zapata v. U.S. Att’y Gen., No. 18-10229 (11th Cir. Oct. 13, 2020)

material support of terrorism; INA § 212(a)(3)(B)(i)(I), (iv)(VI); duress; de minimus support

[9:13] Hernandez-Cartagena v. Barr, No. 19-1823 (4th Cir. Oct. 14, 2020)

asylum; particular social group; family; nexus; El Salvador

[14:12] Larios v. Att’y Gen. U.S., No. 19-2594 (3d Cir. Oct. 14, 2020)

CIMT; terroristic threats; modified categorical approach; divisibility; mens rea; recklessness; N.J. Stat. Ann. § 2C:12-3(a)

[21:18] Cortes-Maldonado v. Barr, No. 18-70927 (9th Cir. Oct. 15, 2020)

aggravated felony; illicit trafficking in a controlled substance; INA § 101(a)(43)(B); commercial activity; solicitation; inchoate offenses; Or. Rev. Stat. § 475.860

[26:32] Mukulumbutu v. Barr, No. 19-72499 (9th Cir. Oct. 13, 2020)

adverse credibility; inconsistencies and omissions; border interview; asylum; Democratic Republic of Congo; due process

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Immigration, serious injury, and business lawyers serving clients in Florida, San Diego, and all over the world for over 40 years.
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*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
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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/4.0

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Special Episode - The Immigration Lawyers Podcast by John Khosravi feat. Kevin A. Gregg Oct 15, 2020

Show notes

In this episode of John Khosravi's Immigration Lawyers Podcast, John chats with me about life, the practice of law, the state of immigration, and more. I hope you enjoy it! Don't forget to check out the Immigration Lawyers Podcast at https://immigrationlawyerstoolbox.com/podcast or wherever you get your podcasts, and the Immigration Lawyers Toolbox at https://immigrationlawyerstoolbox.com!
[3:10] John Khosravi feat. Kevin A. Gregg
*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"

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Ep. 24 - Precedential Decisions from 10/5/20 - 10/11/20 (LPR cancellation of removal, immigration relief and criminal convictions, DHS authority to charge, IJ duty to advise of asylum) Oct 12, 2020

Show notes

[2:35] Matter of Voss,28 I&N Dec. 107 (BIA 2020)

INA § 240A(b); LPR cancellation of removal; affect of receiving immigration relief; DHS authority to charge; INA § 212(c)

[11:13] Jimenez-Aguilar v. Barr, No. 19-1917 (7th Cir. Oct. 6, 2020)

8 C.F.R. § 1240.11(c)(1); IJ failure to warn; definition of persecution; definition of harm; deference; gang violence; Honduras

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Ep. 23 - Precedential Decisions from 9/28/20 - 10/4/20 (preliminary injunction, executive authority, USCIS fees, jurisdictional bars to review, asylum, particular social group, unable and unwilling) Oct 05, 2020

Show notes

[2:11] Immigrant Legal Resource Center, et al. v. Wolf, et al. (NDCA Sept. 29, 2020)

preliminary injunction; USCIS fees; executive authority

[6:26] Zhakira v. Barr, No. 18-1470 (1st Cir. Oct. 2, 2020)

asylum; particular social group; westernized individuals; Al Shabab; Kenya

[9:38] Hernandez-Morales v. Att’y Gen. U.S., No. 193000 (3d Cir. Oct. 1, 2020)

jurisdiction; INA § 242(a)(2)(B)(i); criminal-alien bar; Guerrero-Lasprilla

[14:55] Mirambeaux v. Att’y Gen. U.S., No. 193224 (3d Cir. Oct. 2, 2020)

continuances; jurisdiction; INA § 242(a)(2)(C); due process; Guerrero-Lasprilla; Nasrallah

[21:04] Velasquez-Gaspar v. Barr, No. 17-71964 (9th Cir. Sept. 30, 2020)

asylum; unable or unwilling to protect; domestic violence; women; El Salvador

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Ep. 22 - Precedential Decisions from 9/21/20 - 9/27/20 (asylum, particular social group, nexus, expert testimony, inadmissibility and applicants for admission, continuances, police reports, ineffective assistance of counsel) Sep 28, 2020

Show notes

[01:19] Matter of A-C-A-A-, 28 I&N Dec. 84 (A.G. 2020)

asylum; humanitarian asylum; particular social group; nexus; Salvadoran women; El Salvador

[07:21] Matter of J-G-T-, 28 I&N Dec. 97 (BIA 2020)

expert testimony; State Department reports; Iran; Mexico

[12:53] Torres v. Barr, No. 13-70653 (9th Cir. Sept. 24, 2020)

inadmissibility; INA § 212(a)(7)(a)(i)(I); INA § 212(a)(6)(A)(i); statutory interpretation; Commonwealth of the Northern Mariana Islands (CNMI)

[18:31] Loja-Tene v. Barr, No. 19-2192 (1st Cir. Sept. 21, 2020)

asylum; nexus; family group; criminal recruitment; Ecuador

[21:09] Lee v. Barr, No. 19-1516 (1st Cir. Sept. 22, 2020)

continuances; withholding of removal; wealthy immigrants; particular social group; Jamaica; voluntary departure

[26:44] Avitso v. Barr, No. 20-1117 (8th Cir. Sept. 22, 2020)

motion to reopen; in absentia; ineffective assistance of counsel; substantial compliance with Matter of Lozada

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Ep. 21 - Precedential Decisions from 9/14/20 - 9/20/20 (RBG, TPS, particularly serious crime, aggravated felony - sexual abuse and receipt of stolen property, asylum-only and stowaways, CIMT - assault, asylum) Sep 21, 2020

Show notes

[02:13] Ramos et al. v. Wolf et al., No. 18-16981 (9th Cir. Sept. 14, 2020)

TPS; jurisdiction; APA; equal protection

[05:57] Bare v. Barr, No. 17-73269 (9th Cir. Sept. 16, 2020)

asylum-only proceedings; inadmissibly and asylee status; changing from stowaway to asylee status; 18 U.S.C. §§ 922(g)(1) and 924(a)(2); particularly serious crime; Matter of N-A-M-; Somalia

[15:54] Safaryan v. Barr, No. 16-74039 (9th Cir. Sept. 17, 2020)

CIMT; Cal. Pen. Code § 245(a)(1), assault with a deadly weapon other than a firearm; Matter of Wu; Chevron deference

[20:29] Rodriguez v. Barr, No. 18-1070 (2d Cir. Sept. 18, 2020)

INA § 101(a)(43)(A) – sexual abuse of minor; aggravated felony; New York Penal Law § 130.65(3)

[23:53] Santana v. Barr, No. 18-2755 (2d Cir. Sept. 18, 2020)

aggravated felony theft offense; INA § 101(a)(43)(G); receipt of stolen property

[27:43] Gomez-Medina v. Barr, No. 19-2280 (1st Cir. Sept. 15, 2020)

asylum; unable or unwilling to protect; Honduras

[31:35] Du v. Barr, No. 18-60792 (5th Cir. Sept. 14, 2020)

asylum; nexus; political opinion; anti-corruption; China

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Ep. 20 - Precedential Decisions from 9/7/20 - 9/13/20 (deferral of removal, mental health institutions, standard of review, Mexico, El Salvador, asylum, unable or unwilling to control gangs) Sep 14, 2020

Show notes

[2:03] Guerra v. Barr, No. 18-71070 (9th Cir. Sept. 11, 2020)

deferral of removal under the CAT; mental health institution; Mexico; standard of review; de novo review

[8:19] J.R. v. Barr, No. 18-72812 (9th Cir. Sept. 11, 2020)

asylum; unable or unwilling to protect; El Salvador; Mara 18 gang

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Ep. 19 - Precedential Decisions from 8/31/20 - 9/6/20 (continuances, due process, material support of terrorism bar, unable or unwilling to protect - asylum, deferral of removal - religious conversion, VAWA cancellation of removal) Sep 07, 2020

Show notes

Cases as discussed in order:
[01:54] Matter of R-C-R-, 28 I&N Dec. 74 (BIA 2020)

continuances; abandonment of relief; good cause; motion to reconsider; motion to reopen; due process; video hearings; televideo hearings

[08:18] A.A. v. Att’y Gen. U.S., No. 171176 (3d Cir. Sept. 2, 2020)

material support of terrorism; Tier III terrorist group; state actor; asylum, withholding of removal, convention against torture; Syria; statutory interpretation; absurd results; foreign relations; refoulement; Convention Relating to the Status of Refugees; terrorism exemption; terrorism waiver

[13:33] Portillo-Flores v. Barr, No. 19-1591 (4th Cir. Sept. 2, 2020)

asylum; unable or unwilling to control; substantial evidence standard; El Salvador;

[18:50] Ahmed v. Barr, No. 183704 (8th Cir. Sept. 4, 2020)

deferral of removal under the Convention Against Torture; conversion to Christianity from Islam; motion to reopen; Bangladesh; reviewability

[22:17] Jaimes-Cardenas v. Barr, No. 19-71849 (9th Cir. Sept. 1, 2020)

VAWA cancellation of removal; Violence Against Women Act; INA § 240A(b)(2); INA § 237(a)(7); INA § 240A(b)(5); statutory construction

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Ep. 18 - Precedential Decisions from 8/24/20 - 8/30/20 (adverse credibility; omissions; motions to reopen: asylum, equitable tolling, and VAWA; aggravated felony perjury; reasonable fear interview) Aug 31, 2020

Show notes

Cases as discussed in order:
[03:04] Iman v. Barr, No. 17-72318 (9th Cir. Aug. 25, 2020)

adverse credibility; unresponsive testimony; omissions; asylum; Somalia

[09:11] Aliyev v. Barr, No. 19-72701 (9th Cir. Aug. 24, 2020)

Motion to reopen to apply for asylum; 8 C.F.R § 1003.2(c)(1); attaching application to motion

[12:03] Yoon, et al. v. Barr, Nos. 17-70624, 17-70670 (9th Cir. Aug. 25, 2020)

perjury; Cal. Pen. Code § 118(a); Matter of Alvarado; INA § 101(a)(43)(S)

[16:44] Soto-Vittini v. Barr, No. 19-1372 (1st Cir. Aug. 24, 2020)

INA § 101(a)(43)(B); illicit trafficking in a controlled substance; mens rea; accomplice liability; Mass. Gen. Laws ch. 94C, § 32A(a)

[19:44] Franjul-Soto v. Barr, No. 19-1859 (1st Cir. Aug. 24, 2020)

VAWA; evidentiary standard for motion to reopen; prima facie case for motion to reopen

[23:07] Flores-Moreno v. Barr, No. 19-60017 (5th Cir. Aug. 24, 2020)

motion to reopen; equitable tolling; due diligence; ineffective assistance of counsel

[26:14] Romero v. Att’y Gen. U.S., No. 193550 (3d Cir. Aug. 25, 2020)

withholding of removal; reasonable fear; standard of review; Mexico

[31:47] Listener Question
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Ep. 17 - Precedential Decisions from 8/17/20 - 8/23/20 (aggravated felony, fraud or deceit over $10,000, sexual abuse of a minor, crime of violence, drug CIMTs, derivative citizenship, jurisdiction-stripping provisions, false claim to U.S. citizenship) Aug 23, 2020

Show notes

Cases as discussed in order:
[02:16] Rampersaud v. Barr, No. 19-825 (2d Cir. Aug. 19, 2020)

INA § 101(a)(43)(M)(i); loss exceeding $10,000; NYPL § 176.20; insurance fraud; NYPL § 155.30grand larceny; burdens

[07:46] Mota v. Barr, No. 19-1385 (2d Cir. Aug. 17, 2020)

Conn. Stat. § 21a-277(a)(1); CIMT; INA § 237(a)(2)(A)(ii); intent; reprehensible conduct; drug trafficking

[10:10] Cabeda v. Att’y Gen. U.S., No. 19-1835 (3d Cir. Aug. 18, 2020)

INA § 101(a)(43)(A); sexual abuse of a minor; 18 Pa. Cons. Stat. § 3123(a)(7); mens rea; realistic probability test

[16:26] Abdullah v. Att’y Gen. U.S., No. 19-1167 (3d Cir. Aug. 20, 2020)

motion for certification of late filed appeal; 8 C.F.R. § 1003.1(c); jurisdiction; BIA discretion

[18:59] Argueta v. Barr, No. 18-2514 (4th Cir. Aug. 18, 2020)

LPR cancellation; “rendered inadmissible”; Barton v. Barr

[20:28] Cheneau v. Barr, No. 15-70636 (9th Cir. Aug. 19, 2020)

derivative citizenship; 8 U.S.C. § 1432(a); 8 U.S.C. § 1431(a); 18 U.S.C. § 16(b)

[26:14] Patel, et al. v. U.S. Att’y Gen., No. 17-10636 (11th Cir. Aug. 19, 2020) (en banc)

jurisdiction; INA § 242(a)(2)(B); false claim to citizenship; materiality

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