Immigration Review

Latest Episodes:

Ep. 16 - Precedential Decisions from 8/10/20 - 8/16/20 (asylum, reasonable relocation, aggravated felony, murder, CIMT, "admission," VAWA, sua sponte motion to reopen, incorrect charges in NTA, particular social groups, pattern and practice) Aug 17, 2020

Show notes

Cases as discussed in order:
[2:01] Akosung v. Barr, No. 17-72829 (9th Cir. Aug. 14, 2020)

asylum; reasonable relocation; particular social group; social distinction; marital rape; Cameroon

[6:07] Syed v. Barr,No. 17-71727 (9th Cir. Aug. 12, 2020)

CIMT; Cal. Pen Code § 288.3(a) vis a vis § 288: attempting to communicate with a child with the intent to commit lewd or lascivious acts upon that child; intent; knowledge; age of the child

[12:02] Gomez Fernandez v. Barr,No. 19-70079 (9th Cir. Aug. 13, 2020)

aggravated felony; Cal. Pen. Code §187(a); murder; INA § 101(a)(43)(A); divisibility

[17:29] Enriquez v. Barr,No. 13-72934 (9th Cir. Aug. 13, 2020)

VAWA; admission; admitted in any status; LPR cancellation of removal; INA § 240A(a)

[23:06] Lopez-Garcia et al. v. Barr, No. 19-2081 (7th Cir. Aug. 11, 2020)

motion to reconsider and motion to reopen to apply for asylum

[24:56] Salazar-Marroquin v. Barr, No. 19-1669 (7th Cir. Aug. 13, 2020)

motion to reopen; sua sponte; incorrect charge in NTA; Pereira and Ortiz motion to terminate; prejudice

[29:08] Fatima Fuentes v. Barr, No. 19-1773 (8th Cir. Aug. 12, 2020)

asylum; particular social group; family claims; El Salvador

[32:49] Lingeswaran v. U.S. Att’y Gen., No. 18-13489 (11th Cir. Aug. 13, 2020)

asylum, withholding of removal, and protection under the Convention Against Torture; Sri Lanka

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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 as Top 15 Immigration Podcasts! 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/4.0

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Ep. 15 - Precedential Decisions from 8/3/20 - 8/9/20 (aggravated felony offense relating to obstruction of justice, Matter of A-B-, domestic violence, Chevron deference, in absentia motions to reopen, TPS, crime of child abuse, circuit review) Aug 09, 2020

Show notes

Cases as discussed in order:
[01:55] Valenzuela Gallardo v. Barr, No. 18-72593 (9th Cir. Aug. 6, 2020)

INA § 101(a)(43)(S) aggravated felony “offense relating to obstruction of justice”; law of the case doctrine; “relating to”; Chevron deference

[08:50] Diaz-Reynoso v. Barr, No. 18-72833 (9th Cir. Aug. 7, 2020)

asylum; withholding of removal; torture protection; Mexico; Matter of A-B-; particular social group - circularity

[17:05] Davila v. Barr, No. 17-72173 (9th Cir. Aug. 7, 2020)

asylum; domestic violence; Nicaragua; unable or unwilling to protect; cherry picking the record

[20:56] Matter of Nivelo Cardenas, 28 I&N Dec. 68 (BIA 2020)

motion to reopen; in absentia; address requirement; duty to ensure correct information in NTA

[24:41] Machado Sigaran v. Barr, No. 19-1282 (1st Cir. Aug. 5, 2020)

temporary protected status (TPS); no-notice motion to reopen; appellate review; circuit review

[28:53] Antonio Garcia v. Barr, No. 19-60097 (5th Cir. Aug. 4, 2020)

sexual assault of a child; crime of child abuse; INA § 237(a)(2)(E)(i); Chevron deference

[34:52] Cuevas-Nuno v. Barr, No. 20-3034 (6th Cir. Aug. 7, 2020)

issue exhaustion; motion to reopen; extraordinary circumstances vs. sua sponte; circuit review

[39:06] Galeano-Romero v. Barr, No. 19-9585 (10th Cir. Aug. 4, 2020)

non-LPR cancellation of removal; exceptional and extremely unusual hardship; jurisdiction to review factual findings

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Ep. 14 - Precedential Decisions from 7/28/20 - 8/2/20 (AG's categorical approach for aggravated felonies; CIMT; controlled substance divisibility; asylum; China; Sri Lanka; Albania; India; CAT deferral; Iraq; South Sudan) Aug 02, 2020

Show notes

Cases as discussed in order:
[01:55] Matter of Reyes, 28 I&N Dec. 52 (A.G. 2020)

categorical approach; aggravated felony; theft; fraud; NY Pen. L. § 155.40(1)

[10:25] Orellana v. Barr, No. 19-70164 (9th Cir. July 28, 2020)

CIMT; Cal. Pen Code § 646.9(a); stalking; Skidmore deference; single scheme of criminal conduct

[13:46] Johnson v. Barr, No. 19-9550 (10th Cir. July 31, 2020)

categorical approach; divisibility; Colorado Revised Statutes § 18-18-403.5(1), (2)(a); drug schedules

[18:03] Gao v. Barr, No. 18-358 (2d Cir. July 28, 2020)

asylum; credibility; religious persecution; China; Chinese Christians

[21:30] Sathanthrasa v. Att'y Gen. U.S., No. 18-2925 (3d Cir. July 30, 2020)

asylum; withholding; 8 C.F.R. § 1208.16(e); family unity; Sri Lanka; discretion

[26:58] Gjetani v. Barr, No. 18-60827 (5th Cir. July 30, 2020)

asylum; political opinion; Albania; past persecution; standard of review

[30:56] Deep v. Barr, No. 19-60391 (5th Cir. July 27, 2020)

motion to reopen; changed country conditions; India

[33:48] Marqus v. Barr, No. 18-4252 (6th Cir. July 30, 2020)

deferral of removal; Chaldean Christian; Convention Against Torture; Iraq

[36:36] Lasu v. Barr, No. 18-3550 (8th Cir. July 31, 2020)

deferral of removal; Convention Against Torture; Egypt; South Sudan; minority clans

[39:32] Alzawed v. Barr, No. 19-2425 (8th Cir. July 31, 2020)

deferral of removal; Convention Against Torture; Iraq; res judicata

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Ep. 13 - Precedential Decisions from 7/20/20 - 7/27/20 (divisibility, drug delivery, derivative citizenship, drug trafficking, CAT, particularly serious crimes, corroboration, TPS & admissions, asylum, credibility, prosecution vs. persecution) Jul 26, 2020

Show notes

Cases as discussed in order:
[2:31] Matter of P-B-B-, 28 I&N Dec. 43 (BIA 2020)

controlled substance offenses; divisibility; ARS § 13-3407; Arizona

[8:48] Dale v. Barr, No. 18-1081 (2d Cir. July 23, 2020)

derivative citizenship; 8 U.S.C. § 1432(a); equal protection; New York; NYPL § 120.05(2) aggravated assault; 8 U.S.C. § 16(a)

[13:41] Shire v. Barr, No. 19-1714(8th Cir. July 23, 2020)

motion to reopen; changed country conditions; Somalia

[15:35] Gonzalo Dominguez v. Barr, 18-72731 (9th Cir. July 21, 2020)

drug trafficking aggravated felonies; divisibility; manufacturing; delivery; particularly serious crimes; Oregon Revised Statutes; ORS § 475.992(1)(a)

[22:08] Sanabria Morales v. Barr, No. 17-1634 (1st Cir. July 24, 2020)

CAT; deferral of removal; Venezuela; particularly serious crime; drug trafficking; Matter of Y-L-; presumption

[25:52] Blanco v. Att'y Gen. U.S., No. 19-3658 (3d Cir. July 24, 2020)

asylum; persecution; harm; corroboration; Honduras

[30:45] Sanchez et al. v. DHS et al., No. 19-1311 (3d Cir. July 22, 2020)

TPS; admission

[34:19] Santos-Alvarado v. Barr, 19-60432 (5th Cir. July 21, 2020)

adverse credibility; asylum; exhaustion; due process; witness testimony; El Salvador

[37:35] Skripkov v. Barr, No. 19-3922 (6th Cir. July 20, 2020)

asylum; political opinion; anti-corruption; prosecution vs. persecution; Russia

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Special Episode - "ReThinking" Immigration by Bill Crocker feat. Kevin A. Gregg Jul 24, 2020

Show notes

In this episode of Bill Crocker's "ReThinking" podcast, Bill chats with me about my background and experiences in practicing immigration law. I hope you enjoy it! Don't forget to check out other ReThinking episodes at https://anchor.fm/bill-crocker or wherever you get your podcasts!
Facebook: @rethinkingpodc1
Twitter: @rethinkingpodc1
Instagram: @Bill4Earth
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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Ep. 12 - Precedential Decisions from 7/13/20 - 7/19/20 (CAT, public official, MPP, motion to suppress, PSG, former gang members, changed country conditions, firearms offense, CIMT, LPR cancellation, stop-time rule, retroactivity) Jul 19, 2020

Show notes

Cases as discussed in order:
[1:55] Matter of O-F-A-S-, 28 I&N Dec. 35 (A.G. 2020)

CAT; public official; “under color of law”; rogue official

[6:01] Matter of M-D-C-V-, 28 I&N Dec. 18 (BIA 2020)

Migrant Protection Protocols; MPP; applicant for admission; arriving alien; asylum; right to counsel

[12:07] Millan-Hernandez v. Barr, No. 18-2107 (2d Cir. July 13, 2020)

motion to suppress; motion to terminate; Fourth Amendment; egregious violation; Constitution

[17:38] Ordonez Azmen v. Barr, No. 17-982 (2d Cir. July 13, 2020)

asylum; particular social group; former gang members; motion to remand; changed country conditions

[24:05] Jack et al. v. Barr, 18-842, 18-1479 (2d Cir. July 16, 2020)

firearm offense; firearm aggravated felony; antique firearms; realistic probability test

[27:26] Nunez-Vasquez v. Barr, No. 19-1841 (4th Cir. July 13, 2020)

CIMT; intent; morally reprehensible; identity theft

[32:25] Escobedo-Marquez, et al. v. Barr, No. 19-1025 (7th Cir. July 13, 2020)

asylum; persecution; well-founded fear; LGBTQ; pattern and practice; Mexico

[36:14] Eduardo Rendon v. U.S. Att’y Gen., No. 19-10197 (11th Cir. July 14, 2020)

LPR cancellation of removal; stop time rule; retroactivity

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Ep. 11 - Precedential Decisions from 7/6/20 - 7/12/20 (challenging USCIS denials, changed country conditions, 212(h) waiver, inspection and admission, CIMT, petty theft, realistic probability test, firearms offense) Jul 12, 2020

Show notes

Cases as discussed in order:
[1:28] Canal A Media Holding, LLC et al. v. USCIS, No. 18-cv-24027 (11th Cir. July 8, 2020)

jurisdiction; APA; L-1A visas; nonimmigrant denials; challenging USCIS action

[9:43] Sharif v. Barr, No. 19-1478 (8th Cir. July 7, 2020)

motion to reopen; changed country conditions; Somalia; jurisdiction

[15:27] Kilic v. Barr, No. 19-4076 (6th Cir. July 10, 2020)

212(h) waiver; equal protection; CAT; Bosnia

[19:09] Ottey v. Barr, No. 18-834 (2d Cir July 7, 2020)

inspection and admission; procedurally regular admission; burden of proof; due process; evidentiary burden; New York Penal Law § 165.5; CIMT

[23:28] Silva v. Barr, No. 16-70130 (9th Cir. July 10, 2020)

CIMT; petty theft; Cal. Pen Code § 484(a); categorical approach; changed country condition motions to reopen; Philippines

[29:34] Gordon v. Barr, No. 19-1539 (4th Cir. July 8, 2020)

realistic probability test; Virginia Code § 18.2-280(A); willful discharge of “any firearm” in a public place without resulting bodily injury; INA § 237(a)(2)(C) firearm offense

*Want to become a patron of Immigration Review?
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Ep. 10 - Precedential Decisions from 6/29/20 - 7/5/20 (third-country transit rule, derivative citizenship, refugee status, particular social groups, & an exciting announcement!) Jul 05, 2020

Show notes

Cases as discussed in order:
[1:26] Capital Area Immigrants’ Rights Coalition, et al. v. Trump, et al., No, 19-2117 (D.D.C. June 30, 2020)

asylum; Administrate Procedures Act; APA; injunctions; third-country transit rule

[8:25] Nastase v. Barr, No. 18-60264 (5th Cir. July 1, 2020)

derivative citizenship; refugee status; lawful admission for permanent residence; INA § 209(c); discretionary waiver

[13:30] Diaz Torres v. Barr, No. 18-70141 (9th Cir. June 29, 2020)

particular social group; asylum; Mexico; Sinaloa; “agronomists who refuse to cooperate with drug cartels”

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Ep. 9 - Precedential Decisions from 6/22/20 - 6/28/20 (credible fear habeas corpus, administrative closure, CIMT, aggravated felony, in absentia motion to reopen, changed country conditions, CAT) Jun 28, 2020

Show notes

Cases as discussed in order:
[01:44] DHS et al. v. Thuraissigiam, No. 19-161 (U.S. June 25, 2020)

expedited removal; credible fear; habeas corpus; jurisdiction; due process; Suspension Clause

[07:12] Meza-Morales v. Barr, No. 19-1999 (7th Cir. June 26, 2020)

administrative closure; Matter of Castro Tum; U visa; INA § 212(d)(3)(A) waiver

[14:04] Ortiz v. Barr, No. 19-1285 (8th Cir. June 23, 2020)

CIMT; obstruction of legal process; obstruction of justice; general intent crimes

[19:26] Gordon v. U.S. Att’y Gen., No. 18-14513 (11th Cir. June 24, 2020)

aggravated felony; illicit trafficking; Georgia possession of a controlled substance with intent to distribute; ecstasy

[26:02] Valadez-Lara v. Barr, No. 19-4013 (6th Cir. June 26, 2020)

in absentia motion to reopen; notice; NTA

[29:12] Tanusantoso, et al. v. Barr, No. 18-1440 (2d Cir. June 23, 2020)

motion to reopen; changed country conditions; Indonesian Christians

[32:57] Cedillos-Cedillos v. Barr, No. 18-2233 (4th Cir. June 26, 2020)

asylum; El Salvador; “nuclear family”; witness to crime; nexus

[35:52] Omar v. Barr, No. 18-3351 (8th Cir. June 26, 2020)

CAT; deferral of removal; Somalia

[39:06] Xochihua-Jaimes v. Barr, No. 18-71460 (9th Cir. June 26, 2020)

CAT; deferral of removal; Mexico; acquiescence of a public official; relocation; Los Zetas; LGBTQ; lesbian

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Special Episode - Featuring author & founder of KKTP, Ira J. Kurzban, on SCOTUS's DACA decision, the history of DACA and the APA, their practical implications, and Immigrants' List Jun 24, 2020

Show notes

Special guest Ira J. Kurzban reviews SCOTUS's DACA Decision—DHS, et al. v. Regents of the University of California, et al., No. 18-587 (U.S. June 18, 2020).
Topics as discussed in order:

[01:50] Brief Overview and Breakdown of SCOTUS Votes
[04:15] DACA Ruling
[04:58] History of DACA
[07:44] Expanded DACA and DAPA
[13:17] History of APA
[17:18] APA Reviewabilty
[19:34] INA Preclusion/Jurisdiction-Stripping Statutes
[23:24] Rescission of DACA is "arbitrary and capricious" in violation of the APA.
[30:56] Thoughts on the Dissenting and Concurring Opinions
[33:48] Equal Protection Claim
[34:31] Saving the Court as an Institution
[37:22] Practical Implications on Pending Federal Litigation
[39:20] What should DACA/DACA-eligible recipients be doing right now?
[40:13] Immigrants' List and "The End of Immigration under Trump.

*Get involved with Immigrants' List!
Web: https://www.immigrantslist.org
Twitter: @ImmigrantsList1
Email: info@immigrantslist.org

*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
Email: kgregg@kktplaw.com
Facebook: "Immigration Review Podcast" or @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured as Top 15 Immigration Podcasts! 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/4.0/

Support the show

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