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Immigration Review

Immigration Review

Author: Kevin A. Gregg, Esq. (kgregg@kktplaw.com)

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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 Monday, 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/
223 Episodes
Reverse
Wilkinson v. Garland, No. 22-666 (U.S. Mar. 19, 2024)jurisdiction; INA § 242(a)(2)(B) & (D); Guerro-Lasprilla; mixed question of law and fact; Patel Gomez-Ruotolo v. Garland, No. 23-1238 (4th Cir. Mar. 20, 2024)CIMT; categorical approach; electronic solicitation of a minor between seven and fourteen; VA Code § 18.2-374.3(c); attempted sexual battery on a child; VA Code Section 18.2-67.5(c); force; sexual battery by ruse; CAT protection from Venezuela Sabastian-Andres v. Garland, No. 23-3606 (6th Cir. Mar. 20, 2024)nexus; indigenous Guatemalan women; Mayan Akateko women  Ferreira v. Garland, No. 23-1543 (1st Cir. Mar. 21, 2024) BIA change to particular social group; women; nexus; family; Trinidadian women who oppose Trinidad's social norms in that they do not want to be subjected to abuse or violent sexual abuse by family members or significant others based on their gender Borjas Cruz v. Garland, No. 22-3035 (7th Cir. Mar. 21, 2024)nexus; extortion; motivation beyond money; Honduras Singh v. Garland, No. 22-211 (9th Cir. Mar. 22, 2024)past persecution standard in the Ninth Circuit; no serious physical harm required; DHS’s relocation burden with Mann party claims and Punjab; IndiaTapia Coria v. Garland, No. 22-970 (9th Cir. Mar. 19, 2024)final order of removal; INA § 242(a)(2)(C); jurisdiction; on the merits review; Nasrallah; motion to remand; administrative closure; Nasrallah implicitly overruling prior precedentSponsors and friends of the podcast!Kurzban Kurzban Tetzeli and Pratt P.A.Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.Docketwise"Modern immigration software & case management"Driftwood Capital"A vertically integrated powerhouse in commercial real estate, developing hospitalityprojects for families seeking a secure EB-5 residency path." Filevine"Your Complete Legal Tech Stack, Supercharged by AI"Promo: Immigration.AI/ImmigrationReview Stafi"Remote staffing solutions for businesses of all sizes"Promo Code: stafi2024Get Started! Promo Code: FREEWant to become a patron?Click here to check out our Patreon Page!CONTACT INFORMATIONEmail: kgregg@kktplaw.comFacebook: @immigrationreviewInstagram: @immigrationreviewTwitter: @immreviewAbout your hostCase notesFeatured in San Diego VoyagerDISCLAIMER & CREDITSSee Eps. 1-200Support the show
Annor v. Garland, No. 23-1281 (4th Cir. Mar. 15, 2024)particularly serious crime; conspiracy to commit money laundering; 18 U.S.C. § 1956(h); N-A-M- process; elements; dangerousness  Vasquez Castaneda v. Perry, et al., No. 22-7365 (4th Cir. Mar. 13, 2024)prolonged detention; Zadvydas; reasonable foreseeability of removal; withholding-only; reinstatement; INA § 241(a); Guzman Chavez; due process; Mathews; Arteaga-MartinezMatter of F-C-S-, 28 I&N Dec. 788 (BIA 2024)8 C.F.R. § 1240.17; expedited removal; credible fear process; mental incompetency & untimely evidence; identification purposes only Wong v. Garland, No. 22-6185 (2d Cir. Mar. 11, 2024)criminal conviction; CIMT; disorderly persons theft by deception - N.J. Stat. Ann. § 2C:20-4 & second-degree forgery - N.Y. Penal Law § 170.10; constitutional safeguards; retroactivity; intent to deceive; Chevron; CIMT constitutionality  Chun Mendez v. Garland, No. 23-1166 (1st Cir. Mar. 15, 2024)exceptional circumstance exception to one-year asylum filing deadline; Mam women in Guatemala; exhaustion  Vasquez-Rivera v. Garland, No. 21-3344 (6th Cir. Mar. 15, 2024)family-based particular social group; women; BIA affirming IJ analysis that IJ never made; nexus standard for asylum and withholding; gangs; El Salvador Guadarrama v. U.S. Att'y Gen., No. 22-11065 (11th Cir. Mar. 15, 2024)discretion; INA § 212(h) waiver; Arai presumption; review of legal standard notwithstanding Patel; Mendez-Moralez standard Kalulu v. Garland, No. 21-895 (9th Cir. Mar. 11, 2024)inconsistency; demeanor; totality; remand notwithstanding adverse credibility; lesbian in Zambia United States v. Orozco-Orozco, No. 22-50146 (9th Cir. Mar. 12, 2024)felony carjacking under California Penal Code § 215; intent to steal; victim ownership interest not required for generic theft; fundamentally unfair and § 1326 criminal proceedingsSponsors and friends of the podcast!Kurzban Kurzban Tetzeli and Pratt P.A.Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.Docketwise"Modern immigration software & case management"Driftwood Capital"A vertically integrated powerhouse in commercial real estate, developing hospitalityprojects for families seeking a secure EB-5 residency path."Stafi"Remote staffing solutions for businesses of all sizes"Promo Code: stafi2024Support the show
Membreno-Rodriguez v. Garland, No. 23-60022 (5th Cir. Mar. 4, 2024)8 C.F.R. § 212.5(b)(5); applicant for admission; adjustment of status; motion to reopen; termination of parole  The Saga of Mr. Nkenglefacreturning wrongfully removed noncitizens islaimmigration.org Reyes Galeana v. Garland, No. 24-0043 (6th Cir. Mar. 4, 2024)Mexican business owners; particularity; particular social group; social distinction; extortion Hererra-Elias v. Garland, No. 22-3565 (8th Cir. Mar. 4, 2024)serious nonpolitical crime; duress; Negusie; drug transportation as a child; MS-13; Honduras Thigulla v. Jaddou, No. 22-3066 (8th Cir. Mar. 5, 2024) injunction; visa bulletin; E2; India; TRO; jurisdiction and review; INA § 245(b); jurisdiction; Patel Yar v. Garland, No. 23-1001 (8th Cir. Mar. 8, 2024)de novo review of torture; risk of detention; particular showing of torture; South Sudan Miguel-Pena, et al. v. Garland, No. 22-9580 (10th Cir. Mar. 4, 2024)exhaustion & mandatory claims processing rules; deficient NTA; forfeiture of objection; anti-gang political opinion; immutability; women business owners in El Salvador Edwards v. Att'y Gen. U.S., No. 19-15077 (11th Cir. Mar. 6, 2024) (panel rehearing)sentence modification; Thomas and Thompson; retroactivity; reasonableness; INA § 103(b)(1); Yu; Chenery; rule of reconciliation; prior panel precedent rule; factual findings, withholding of removal, and NasrallahSponsors and friends of the podcast!Kurzban Kurzban Tetzeli and Pratt P.A.Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.Docketwise"Modern immigration software & case management"Driftwood Capital"A vertically integrated powerhouse in commercial real estate, developing hospitalityprojects for families seeking a secure EB-5 residency path."Stafi"Remote staffing solutions for businesses of all sizes"Promo Code: stafi2024Get Started! Promo Code: FREEWant to become a patron?Click here to check out our Patreon Page!CONTACT INFORMATIONEmail: kgregg@kktplaw.comFacebook: @immigrationreviewInstagram: @immigrationreviewTwitter: @immreviewDISCLAIMER:Immigration Review® is a podcast made available for educational purposes only. It does not provide legal advice. Rather, it offers general information and insights from publicly available immigration cases. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the host. The podcast should not be used as a substitute for competent legal advice from a licensed attorney in your state.MUSIC CREDITS:"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0 Support the show
All about Trina Realmuto: NILA ProfileAll about Eddie Ramos: KKTP ProfileAdditional links!:NILA’s Impact Litigation (including Mansor v. USCIS ) Transparency Litigation Co-Counseling ProgramJoin NILA’s Strategic Assistance ProgramSupport NILASponsors and friends of the podcast!Kurzban Kurzban Tetzeli and Pratt P.A.Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.Docketwise"Modern immigration software & case management"Driftwood Capital"A vertically integrated powerhouse in commercial real estate, developing hospitalityprojects for families seeking a secure EB-5 residency path."Stafi"Remote staffing solutions for businesses of all sizes"Promo Code: stafi2024Get Started! Promo Code: FREEDISCLAIMER:Immigration Review® is a podcast made available for educational purposes only. It does not provide legal advice. Rather, it offers general information and insights from publicly available immigration cases. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the host. The podcast should not be used as a substitute for competent legal advice from a licensed attorney in your state.MUSIC CREDITS:"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0 Support the show
F.J.A.P. v. Garland, No. 21-2284 (7th Cir. Feb. 27, 2024)withholding-only review; Nasrallah; 30 day rule; claims processing rule; jurisdiction; Guzman Chavez; final order of removal; reinstatement; Bhaktibhai-Patel; Santos-Zacaria; statutory interpretation; presumption of review; clear error and credibility; reweighing evidence; failure to identify IJ errors; MS-13; extortion; El Salvador Esteban-Garcia v. Garland, No. 23-1701 (1st Cir. Feb. 29, 2024)nexus; indigenous women; forced prostitution; Guatemala  Uribe Andrade v. Garland, No. 21-1244 (9th Cir. Mar. 1, 2024)particular social group; particularity; Mexicans with mental health disorders characterized by psychotic features who exhibit erratic behavior; defining terms; mental health facility; gang tattoos; Villegas; Mexico Amador-Morales v. Garland, No. 22-3653 (8th Cir. Feb. 27, 2024)deficient NTA motion to reopen; intervening change of law; Matter of Fernandes; close of pleadingsSponsors and friends of the podcast!Kurzban Kurzban Tetzeli and Pratt P.A.Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.Docketwise"Modern immigration software & case management"Driftwood Capital"A vertically integrated powerhouse in commercial real estate, developing hospitalityprojects for families seeking a secure EB-5 residency path."Stafi"Remote staffing solutions for businesses of all sizes"Promo Code: stafi2024Get Started! Promo Code: FREEWant to become a patron?Click here to check out our Patreon Page!CONTACT INFORMATIONEmail: kgregg@kktplaw.comFacebook: @immigrationreviewInstagram: @immigrationreviewTwitter: @immreviewAbout your hostCase notesRecent criminal-immigration article (p.18)Featured in San Diego VoyagerDISCLAIMER:Immigration Review® is a podcast made available for educational purposes only. It does not provide legal advice. Rather, it offers general information and insights from publicly available immigration cases. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the host. The podcast should not be used as a substitute for competent legal advice from a licensed attorney in your state.MUSIC CREDITS:"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0 Support the show
Matter of Azrag, 28 I&N Dec. 784 (BIA 2024) vacated criminal conviction; Thomas and Thompson; procedural or substantive defect; burden of proof; reasons for vacating Singh Bhagtana v. Garland, No. 20-1673 (2d. Cir. Feb. 22, 2024) reasonable relocation outside of Punjab State; Sikh; Mann Party; IndiaSingh v. Garland, No. 23-2289 (8th Cir. Feb. 23, 2024) changed country condition motion to reopen; abandoned asylum application; due process and COVID-19; Sikh; Mann Party; BJP; India United States v. Ivey, No. 22-4052 (6th Cir. Feb. 20, 2024) crime of violence; aggravated robbery with a deadly weapon under Oh. Rev. Code § 2911.01(A)(1); generic robbery; generic extortion; Borden; Oh. Rev. Code § 2913.01(K)Sponsors and friends of the podcast!Kurzban Kurzban Tetzeli and Pratt P.A.Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.Docketwise"Modern immigration software & case management"Driftwood Capital"A vertically integrated powerhouse in commercial real estate, developing hospitalityprojects for families seeking a secure EB-5 residency path."Stafi"Remote staffing solutions for businesses of all sizes"Promo Code: stafi2024Get Started! Promo Code: FREEWant to become a patron?Click here to check out our Patreon Page!CONTACT INFORMATIONEmail: kgregg@kktplaw.comFacebook: @immigrationreviewInstagram: @immigrationreviewTwitter: @immreviewAbout your hostCase notesRecent criminal-immigration article (p.18)Featured in San Diego VoyagerDISCLAIMER:Immigration Review® is a podcast made available for educational purposes only. It does not provide legal advice. Rather, it offers general information and insights from publicly available immigration cases. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the host. The podcast should not be used as a substitute for competent legal advice from a licensed attorney in your state.MUSIC CREDITS:"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0 Support the show
 Herrow v. Att'y Gen. U.S., No. 22-1854 (3d Cir. Feb. 13, 2024) repatriated Somalis; particularity and distinction; Westernized Somalis; CAT protection; acquiesce; Georgetown Report; Reer Hamar Bendiri; Al Shabaab; Somalia  Guzman-Maldonado v. Garland, No. 23-9 (9th Cir. Feb. 14, 2024) aggravated felony theft offense; INA § 101(a)(43)(G); Arizona robbery; Ariz. Rev. Stat. § 13-1904(A); consensual theft; intent and force  Alejos-Perez v. Garland, No. 22-60555 (5th Cir. Feb. 16, 2024)Texas Health & Safety Code § 481.1161 (possession of a substance in Penalty Group 2-A); Carter; realistic probability test; exhaustion; Santos Zacaria; failure to cite case lawMestanek v. Jaddou, No. 22-2285 (4th Cir. Feb. 13, 2024) INA § 204(c); FDNS; marriage fraud; Florida divorce; APA; Homeland Security Act of 2002; reweighing evidence; presumption of regulatory; 8 C.F.R. § 103.2(b)(16); exceptions to review of A-File; Matter of Singh Sponsors and friends of the podcast!Kurzban Kurzban Tetzeli and Pratt P.A.Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.Docketwise"Modern immigration software & case management"Driftwood Capital"A vertically integrated powerhouse in commercial real estate, developing hospitalityprojects for families seeking a secure EB-5 residency path."Stafi"Remote staffing solutions for businesses of all sizes"Promo Code: stafi2024Get Started! Promo Code: FREEWant to become a patron?Click here to check out our Patreon Page!CONTACT INFORMATIONEmail: kgregg@kktplaw.comFacebook: @immigrationreviewInstagram: @immigrationreviewTwitter: @immreviewAbout your hostCase notesRecent criminal-immigration article (p.18)Featured in San Diego VoyagerDISCLAIMER:Immigration Review® is a podcast made available for educational purposes only. It does not provide legal advice. Rather, it offers general information and insights from publicly available immigration cases. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the host. The podcast should not be used as a substitute for competent legal advice from a licensed attorney in your state.MUSIC CREDITS:"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0 Support the show
Matter of Bernardo, 28 I&N Dec. 781 (BIA 2024)I-751; joint filing; allegation of marriage fraud; properly filed; duress and coercion  Patel v. Jaddou, No. 24-0026 (6th Cir. Feb. 9, 2024)U-visa disclosure; penalties; 8 U.S.C. § 1367; willfulness; APA; private right of action against federal officials United States v. Devereaux, No. 22-1203 (10th Cir. Feb. 6, 2024)assault resulting in serious bodily injury in violation of 18 U.S.C. § 113(a)(6); crime of violence; mens rea divisibility; presumption of indivisibility; general intent; BordenSponsors and friends of the podcast!Kurzban Kurzban Tetzeli and Pratt P.A.Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.Docketwise"Modern immigration software & case management"Stafi"Remote staffing solutions for businesses of all sizes"Promo Code: stafi2024Get Started! Promo Code: FREEWant to become a patron?Click here to check out our Patreon Page!CONTACT INFORMATIONEmail: kgregg@kktplaw.comFacebook: @immigrationreviewInstagram: @immigrationreviewTwitter: @immreviewAbout your hostCase notesRecent criminal-immigration article (p.18)Featured in San Diego VoyagerDISCLAIMER:Immigration Review® is a podcast made available for educational purposes only. It does not provide legal advice. Rather, it offers general information and insights from publicly available immigration cases. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the host. The podcast should not be used as a substitute for competent legal advice from a licensed attorney in your state.MUSIC CREDITS:"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0 Support the show
Matter of Aguilar Hernandez, 28 I&N Dec. 774 (BIA 2024)deficient NTA; Form I-261; interlocutory appeal; termination; regulatory interpretation; factual and legal allegations in an NTA; Niz-Chavez dicta Gaspar-Felipe v. Garland, No. 22-3372 (8th Cir. Jan. 30, 2024)indigenous asylum claim; persecution because of debts; family remaining in country of fear; Guatemala  Davis v. Garland, No. 22-3262 (8th Cir. Feb. 1, 2024)motion to reopen; asylum waiver; mental health; mental competency; new and previously unavailable evidence  Lopez-Benitez v. Garland, No. 22-1808 (4th Cir. Jan. 30, 2024)nexus; incidental or tangential; MS-13 extortion as persecution; exhaustion post-Santos-Zacaria; El Salvador Ayala-Osegueda v. Garland, No. 22-1707 (4th Cir. Feb. 1, 2024)mixed adverse credibility finding; express credibility; family based particular social group; nexus; persuasiveness; asylum despite adverse credibility; extortion; MS-13; El Salvador Nivar Santana v. Garland, No. 22-2114 (4th Cir. Feb. 2, 2024)clearly and beyond doubt admissible; adjustment of status; false claim to citizenship; definition of “assimilation”; military service; evidentiary admission and fundamental fairness Sponsors and friends of the podcast!Kurzban Kurzban Tetzeli and Pratt P.A.Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.Docketwise"Modern immigration software & case management"Stafi"Remote staffing solutions for businesses of all sizes"Promo Code: stafi2024Get Started! Promo Code: FREEWant to become a patron?Click here to check out our Patreon Page!CONTACT INFORMATIONEmail: kgregg@kktplaw.comFacebook: @immigrationreviewInstagram: @immigrationreviewTwitter: @immreviewAbout your hostCase notesRecent criminal-immigration article (p.18)Featured in San Diego VoyagerDISCLAIMER:Immigration Review® is a podcast made available for educational purposes only. It does not provide legal advice. Rather, it offers general information and insights from publicly available immigration cases. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the host. The podcast should not be used as a substitute for competent legal advice from a licensed attorney in your state.MUSIC CREDITS:"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0 Support the show
Pineda-Maldonado v. Garland, No. 20-1912 (1st Cir. Jan. 24, 2024)past torture; past persecution; death threats alone; imminent threats; mixed motive; animus; family membership; cattle thieves; nexus standard for withholding; El Salvador Owusu v. Garland, No. 24-0016 (6th Cir. Jan. 24, 2024)police unable or unwilling to protect; failure to report; New Patriot Party; NPP; National Democrat Congress; NDC, Ghana Mencia-Medina v. Garland, No. 20-1724 (8th Cir. Jan. 23, 2024) special rule cancellation of removal under INA § 240A(b)(2); VAWA cancellation; abuse as a discretionary factor; BIA reweighing evidence; exhaustion  United States v. Gambino-Ruiz, No. 21-50303 (9th Cir. Jan. 24, 2024)applicant for admission; INA § 212(a)(7)(A)(i)(I); Torres v. Barr; collateral attack of removal order; 8 U.S.C. § 1326;  United States v. Palomar-Santiago; arriving alien Lodge v. U.S. Att'y Gen., No. 22-10416 (11th Cir. Jan. 26, 2024)former INA § 321(a); derivative citizenship; equal protection; race discrimination; third party standingSponsors and friends of the podcast!Kurzban Kurzban Tetzeli and Pratt P.A.Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.Docketwise"Modern immigration software & case management"Stafi"Remote staffing solutions for businesses of all sizes"Promo Code: stafi2024Get Started! Promo Code: FREEAILA's Think Immigration Article on Chevron by Brian Green and Professor Stephen Yale-Loehr Want to become a patron?Click here to check out our Patreon Page!CONTACT INFORMATIONEmail: kgregg@kktplaw.comFacebook: @immigrationreviewInstagram: @immigrationreviewTwitter: @immreviewAbout your hostCase notesRecent criminal-immigration article (p.18)Featured in San Diego VoyagerDISCLAIMER:Immigration Review® is a podcast made available for educational purposes only. It does not provide legal advice. Rather, it offers general information and insights from publicly available immigration cases. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the host. The podcast should not be used as a substitute for competent legal advice from a licensed attorney in your state.MUSIC CREDITS:"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0 Support the show
Velasquez-Castillo v. Garland, No. 21-60681 (5th Cir. Jan. 17, 2024)Trafficking Victims Protection Reauthorization Act (“TVPRA”); motion to reopen; minor; newly available evidence; changed country conditions; failure to consider evidence; sexual orientation; Honduras  United States v. Daye, No. 23-1048 (8th Cir. Jan. 16, 2024)Domestic Abuse Assault, Enhanced under Iowa Code § 708.2A(3)(b); DAAE; crimes of violence; waive divisibility argument despite separate penalty provisions; realistic probability; simple assaultSponsors and friends of the podcast!Kurzban Kurzban Tetzeli and Pratt P.A.Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.Docketwise"Modern immigration software & case management"Stafi"Remote staffing solutions for businesses of all sizes"Promo Code: stafi2024Get Started! Promo Code: FREEWant to become a patron?Click here to check out our Patreon Page!CONTACT INFORMATIONEmail: kgregg@kktplaw.comFacebook: @immigrationreviewInstagram: @immigrationreviewTwitter: @immreviewAbout your hostCase notesRecent criminal-immigration article (p.18)Featured in San Diego VoyagerDISCLAIMER:Immigration Review® is a podcast made available for educational purposes only. It does not provide legal advice. Rather, it offers general information and insights from publicly available immigration cases. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the host. The podcast should not be used as a substitute for competent legal advice from a licensed attorney in your state.MUSIC CREDITS:"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0 Support the show
Matter of Panin, 28 I&N Dec. 771 (BIA 2024)bond; collateral estoppel; INA § 236(a); Bail Reform Act United States v. Ortiz-Orellana, No. 16-4844 (4th Cir. Jan. 10, 2024)crime of violence; VICAR; felony murder; divisibility; means vs. elements; impotance of jury instructions; crime of violenceSponsors and friends of the podcast!Kurzban Kurzban Tetzeli and Pratt P.A.Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.Docketwise"Modern immigration software & case management"Stafi"Remote staffing solutions for businesses of all sizes"Promo Code: stafi2024Get Started! Promo Code: FREEWant to become a patron?Click here to check out our Patreon Page!CONTACT INFORMATIONEmail: kgregg@kktplaw.comFacebook: @immigrationreviewInstagram: @immigrationreviewTwitter: @immreviewAbout your hostCase notesRecent criminal-immigration article (p.18)Featured in San Diego VoyagerDISCLAIMER:Immigration Review® is a podcast made available for educational purposes only. It does not provide legal advice. Rather, it offers general information and insights from publicly available immigration cases. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the host. The podcast should not be used as a substitute for competent legal advice from a licensed attorney in your state.MUSIC CREDITS:"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0 Support the show
Singh v. Garland, No. 23-1192 (7th Cir. Jan. 2, 2024) adverse credibility; omission; medical reports; past persecution harm; due process challenge; exhaustion; Mann Party; Sikh; India  Mejia-Alvarenga v. Garland, No. 22-60554 (5th Cir. Jan. 3, 2024)unable or unwilling to protect; complete helplessness; failure to report harm; rape; threats; due process; three member panel; DHS failure to file brief; IJ bias; TRACSponsors and friends of the podcast!Kurzban Kurzban Tetzeli and Pratt P.A.Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.Docketwise"Modern immigration software & case management"Stafi"Remote staffing solutions for businesses of all sizes"Promo Code: stafi2024Want to become a patron?Click here to check out our Patreon Page!CONTACT INFORMATIONEmail: kgregg@kktplaw.comFacebook: @immigrationreviewInstagram: @immigrationreviewTwitter: @immreviewAbout your hostCase notesRecent criminal-immigration article (p.18)Featured in San Diego VoyagerDISCLAIMER:Immigration Review® is a podcast made available for educational purposes only. It does not provide legal advice. Rather, it offers general information and insights from publicly available immigration cases. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the host. The podcast should not be used as a substitute for competent legal advice from a licensed attorney in your state.MUSIC CREDITS:"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0 Support the show
Espinoza-Ochoa v. Garland,  No. 21-1431 (1st Cir. Dec. 27, 2023)particular social group; social distinction; circularity; farmers; nexus; mixed motive; one central reason; retribution; criminal motives transforming into protected ground; revenge; gangs; Guatemala Pascual-Miguel v. Garland, No. 20-2397 (8th Cir. Dec. 27, 2023)ineffective assistance of counsel; prejudice; nexus; Mendez Rojas Class Settlement; untimely asylum application  Essel v. Garland, No. 22-2615 (8th Cir. Dec. 28, 2023)sua sponte motion to reopen; equitable tolling; 3-year residency requirement for naturalization; exhaustion Rodriguez-Hernandez v. Garland, No. 21-456 (9th Cir. Dec. 27, 2023)crime of violence; harassment in violation of Wash. Rev. Code 9A.46.020(1); realistic possibility; other state crimes; divisibility; force against property; graffiti; CAT; Mexico Alcarez-Rodriguez v. Garland, No. 21-411 (9th Cir. Dec. 28, 2023)motion to remand for new evidence; reasonably available evidence; denial of relief as abandoned; missed filing deadline; good cause standard; Matter of R-C-R-; transgender HIV positive; MexicoSponsors and friends of the podcast!Kurzban Kurzban Tetzeli and Pratt P.A.Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.Docketwise"Modern immigration software & case management"Stafi"Remote staffing solutions for businesses of all sizes"Promo Code: stafi2024Want to become a patron?Click here to check out our Patreon Page!CONTACT INFORMATIONEmail: kgregg@kktplaw.comFacebook: @immigrationreviewInstagram: @immigrationreviewTwitter: @immreviewAbout your hostCase notesRecent criminal-immigration article (p.18)Featured in San Diego VoyagerDISCLAIMER:Immigration Review® is a podcast made available for educational purposes only. It does not provide legal advice. Rather, it offers general information and insights from publicly available immigration cases. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the host. The podcast should not be used as a substitute for competent legal advice from a licensed attorney in your state.MUSIC CREDITS:"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0 Support the show
Matter of H. N. Ferreira, 28 I&N Dec. 765 (BIA 2023) I-751; removal of conditional LPR status; IJ authority to terminateDelgado-Victorio v. Garland, No. 23-60102 (5th Cir. Dec. 18, 2023) aggravated sexual assault with a deadly weapon in violation of Tex. Penal Code § 22.021(a)(1)(A) & (2)(A)(iv); Borden and mens rea; crime of violence; good cause for a continuanceSponsors and friends of the podcast!Kurzban Kurzban Tetzeli and Pratt P.A.Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.Docketwise"Modern immigration software & case management"Stafi"Remote staffing solutions for businesses of all sizes"Promo Code: stafi2024Want to become a patron?Click here to check out our Patreon Page!CONTACT INFORMATIONEmail: kgregg@kktplaw.comFacebook: @immigrationreviewInstagram: @immigrationreviewTwitter: @immreviewAbout your hostCase notesRecent criminal-immigration article (p.18)Featured in San Diego VoyagerDISCLAIMER:Immigration Review® is a podcast made available for educational purposes only. It does not provide legal advice. Rather, it offers general information and insights from publicly available immigration cases. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the host. The podcast should not be used as a substitute for competent legal advice from a licensed attorney in your state.MUSIC CREDITS:"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0 Support the show
United States v. Trice, No. 23-1406 (8th Cir. Dec. 12, 2023)least culpable conduct criminalized by Iowa Code § 726.6(1)(a); child endangerment; general intent definition; witnessing assault U.S. v. Menendez-Montalvo, No. 22-1687 (1st Cir. Dec. 12, 2023)crime of violence; Article 3.1 of Puerto Rico's Domestic Violence Law; psychological abuse; intent vs. actual force; Johnson; Stokeling; slight or de minimus force U.S. v. Amos, No. 20-3298 (3d Cir. Dec. 14, 2023) 18 Pa. Cons. Stat. § 2702(a)(3)–(7); crime of violence; aggravated assault; waived argument winning on appealSponsors and friends of the podcast!Kurzban Kurzban Tetzeli and Pratt P.A.Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.Docketwise"Modern immigration software & case management"Stafi"Remote staffing solutions for businesses of all sizes"Promo Code: stafi2024Want to become a patron?Click here to check out our Patreon Page!CONTACT INFORMATIONEmail: kgregg@kktplaw.comFacebook: @immigrationreviewInstagram: @immigrationreviewTwitter: @immreviewAbout your hostCase notesRecent criminal-immigration article (p.18)Featured in San Diego VoyagerDISCLAIMER:Immigration Review® is a podcast made available for educational purposes only. It does not provide legal advice. Rather, it offers general information and insights from publicly available immigration cases. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the host. The podcast should not be used as a substitute for competent legal advice from a licensed attorney in your state.MUSIC CREDITS:"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0 Support the show
Argueta-Hernandez v. Garland, No. 22-60307 (5th Cir. Dec. 5, 2023)untimely petition for review; withholding; final order; Bhaktibhai-Patel; Nasrallah; panel rehearing; claims processing rule; Santos-Zacaria; death threats alone; one central reason; a reason; nexus; government says leave country; willful blindness; MS-13; El Salvador; Villarreal Singh Bhagtana v. Garland, No. 20-1673 (2d Cir. Dec. 5, 2023) reasonable relocation; DHS burden; Bharatiya Janata Party (“BJP”); Shiromani Akali Dal Amritsar (“Mann”) Party; India United States v. Chaires, No. 20-4162 (2d Cir. Dec. 7, 2023)Minter; N.Y. Penal Law § 220.39(1); cocaine isomer; controlled substance offense; failure to argue below; categorical approach Aguilar-Sanchez v. Garland, No. 22-3598 (8th Cir. Dec. 4, 2023)sexual abuse of a minor aggravated felony: conduct and mens rea; Esquivel-Quintana; Minn. Stat. § 609.324, subd. 1(b)(3); Matter of Rodriguez-Rodriguez Mwendapeke v. Garland, No. 22-2383 (7th Cir. Dec. 7, 2023)complicity to robbery in the first degree in violation of KY. Rev. Stat. §§ 502.020 & 515.020, 515.020; generic definition of aiding and abetting; act through omission; verbal aiding and abetting; violent force; Taylor Sebastian-Sebastian v. Garland, No. 23-0267 (6th Cir. Dec. 8, 2023)nexus; inextricably intertwined; mixed motive; Chuj women unable to leave; witches; humanitarian asylum; Guatemala Sponsors and friends of the podcast!Kurzban Kurzban Tetzeli and Pratt P.A.Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.Docketwise"Modern immigration software & case management"Stafi"Remote staffing solutions for businesses of all sizes"Promo Code: stafi2024 Want to become a patron?Click here to check out our Patreon Page!CONTACT INFORMATIONEmail: kgregg@kktplaw.comFacebook: @immigrationreviewInstagram: @immigrationreviewTwitter: @immreviewAbout your hostCase notesRecent criminal-immigration article (p.18)Featured in San Diego VoyagerDISCLAIMER:Immigration Review® is a podcast made available for educational purposes only. It does not provide legal advice. Rather, it offers general information and insights from publicly available immigration cases. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the host. The podcast should not be used as a substitute for competent legal advice from a licensed attorney in your state.MUSIC CREDITS:"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0 Support the show
American Bar Association Opposition to Proposals that Restrict Asylum and Humanitarian Parole in Supplemental Funding Request Click me!Matter of M-R-M-S-, 28 I&N Dec. 757 (BIA 2023)asylum; nexus; particular social group; family membership; L-E-A-; incidental, tangential, or superficial; cartel desire for land Tellez-Ramirez v. Garland, No. 22-1168 (9th Cir. Nov. 29, 2023)possession of methamphetamine with the intent to deliver in violation of Idaho Code § 37-2732(a)(1)(A); controlled substance trafficking; INA § 101(a)(43)(B); different punishments or penalties; divisibility; Alfred; accomplice liability Babaria, et al. v. Antony Blinken, et al., No. 22-16700 (9th Cir. Dec. 1, 2023)injunction; mandamus; visa bulletin; EB-2; India; TRO; jurisdiction and review; INS § 245(B) Khanal Singh v. Garland, No. 21-1665 (1st Cir. Nov. 27, 2023)unable or unwilling to protect; need only show unable or unwilling; failure to report; government action; Nepal; MaoistsSponsors and friends of the podcast!Kurzban Kurzban Tetzeli and Pratt P.A.Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.Docketwise"Modern immigration software & case management"Want to become a patron?Click here to check out our Patreon Page!CONTACT INFORMATIONEmail: kgregg@kktplaw.comFacebook: @immigrationreviewInstagram: @immigrationreviewTwitter: @immreviewAbout your hostCase notesRecent criminal-immigration article (p.18)Featured in San Diego VoyagerDISCLAIMER:Immigration Review® is a podcast made available for educational purposes only. It does not provide legal advice. Rather, it offers general information and insights from publicly available immigration cases. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the host. The podcast should not be used as a substitute for competent legal advice from a licensed attorney in your state.MUSIC CREDITS:"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0 Support the show
Martinez v. Garland, No. 22-1221 (4th Cir. Nov. 16, 2023)reasonable fear review; Nasrallah; 30 day rule; claims processing rule; jurisdiction; Guzman Chavez; final order of removal; reinstatement; Bhaktibhai-Patel; Santos-Zacaria  Hernandez-Mendez v. Garland, No. 20-1789 (1st Cir. Nov. 15, 2023)past persecution; unfulfilled threats; refusal to obey gangs; Mam ethnicity; Guatemala   Manguriu v. Garland, No. 22-1220 (1st Cir. Nov. 16, 2023)VAWA petition; USCIS notice on counsel; 8 C.F.R. § 103.2(b)(19)(ii)(A); I-360; INA § 239(a)(2)(A); 8 C.F.R. § 292.4(a) Zuniga de la cruz v. Garland, No. 21-352 (9th Cir. Nov. 17, 2023) due process; Miranda warnings; fundamental fairness; exclusionary rule; noncitizen Fifth Amendment rightsSponsors and friends of the podcast!Kurzban Kurzban Tetzeli and Pratt P.A.Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.Docketwise"Modern immigration software & case management"Want to become a patron?Click here to check out our Patreon Page!CONTACT INFORMATIONEmail: kgregg@kktplaw.comFacebook: @immigrationreviewInstagram: @immigrationreviewTwitter: @immreviewAbout your hostCase notesRecent criminal-immigration article (p.18)Featured in San Diego VoyagerDISCLAIMER:Immigration Review® is a podcast made available for educational purposes only. It does not provide legal advice. Rather, it offers general information and insights from publicly available immigration cases. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the host. The podcast should not be used as a substitute for competent legal advice from a licensed attorney in your state.MUSIC CREDITS:"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0 Support the show
 Juarez-Vicente v. Garland, No. 22-3318 (8th Cir. Nov. 7, 2023) past persecution; harassment; non-physical harm; cumulative analysis for persecution; gay and bisexual men; Guatemala  Varela-Chavarria v. Garland, No. 22-1780 (1st Cir. Nov. 9, 2023) protections and IJ responsibilities for asylum seekers; pro se; fear of gang extortion; cumulative harm analysis for past persecution; harm experienced as a child; threats of rape; El Salvador Sponsors and friends of the podcast!Kurzban Kurzban Tetzeli and Pratt P.A.Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.Docketwise"Modern immigration software & case management"Want to become a patron?Click here to check out our Patreon Page!CONTACT INFORMATIONEmail: kgregg@kktplaw.comFacebook: @immigrationreviewInstagram: @immigrationreviewTwitter: @immreviewAbout your hostCase notesRecent criminal-immigration article (p.18)Featured in San Diego VoyagerDISCLAIMER:Immigration Review® is a podcast made available for educational purposes only. It does not provide legal advice. Rather, it offers general information and insights from publicly available immigration cases. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the host. The podcast should not be used as a substitute for competent legal advice from a licensed attorney in your state.MUSIC CREDITS:"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0 Support the show
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