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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 h ...
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Immigration Review
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Ep. 152 - Precedential Decisions from 3/20/2023 - 3/26/2023 (venue; forum; choice of law; hardship challenge; regulatory interpretation; illegal reentry; 287(g) agreements; malicious wounding; crime of ...
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Matter of Garcia, 28 I&N Dec. 693 (BIA 2023) venue; forum; choice of law; Auer; regulatory interpretation; INA § 242(b)(2); 8 C.F.R. § 1003.14(a); 8 C.F.R. § 1003.20(a); hardship challenge; arbitrary and capricious; comparing hardship case to other cases U.S. v. Alas, No. 22-4193 (4th Cir. Mar. 24, 2023) illegal reentry; 8 U.S.C. § 1326; malicious …
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Immigration Review
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Ep. 151 - Precedential Decisions from 3/13/2023 - 3/19/2023 (Patel & jurisdiction; Federal Tort Claims Act & unlawful detention; stop-time rule & deficient Orders to Show Cause; overbroad MDMA; standards ...
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Abuzeid v. Mayorkas, No. 21-5002 (D.C. Cir. Mar. 17, 2023) Patel; jurisdiction to review APA challenge of USCIS adjustment of status denial Kong v. U.S., No. 21-1319 (1st Cir. Mar. 15, 2023) Federal Tort Claims Act; FTCA; unlawful detention; repatriation agreement; INA § 242(g); habeas; Reno v. American-Arab Anti-Discrimination Committee; reasonabl…
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Immigration Review
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Ep. 150 - Precedential Decisions from 3/6/2023 - 3/12/2023 (Patron shout-out!; crime of violence; attempt; 18 U.S.C. § 1959(a)(3); N.Y. Penal Law § 120.05(2); N.Y. Penal Law § 120.10(1); factual bases ...
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USA v. Morris, No. 16-6-cr (2d Cir. Mar. 7, 2023) Hobbs Act robbery; 18 U.S.C. § 924(c)(3)(A); crime of violence; attempt; 18 U.S.C. § 1959(a)(3); N.Y. Penal Law § 120.05(2); N.Y. Penal Law § 120.10(1); VICAR assault; violent force; factual bases for plea in New York and Connecticut; categorical approach Sponsors and friends of the podcast! Kurzban…
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Immigration Review
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Ep. 149 - Precedential Decisions from 2/28/2023 - 3/5/2023 (WebEx; CIMT; statutory text; jurisdiction and discretion; non-LPR cancellation of removal; aggravated robbery; aggravated felony theft offenses ...
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AILA v. EOIR! WebEx hearings Zamaro-Silverio v. Garland, No. 21-60324 (5th Cir. Feb. 23, 2023) CIMT; Texas Transportation Code § 550.021; Mathis; hit and run; Garcia-Maldonado v. Gonzales; implicit overrule of precedent; overbreadth based on statutory text alone Ayala Chapa v. Garland, No. 21-60039 (5th Cir. Feb. 20, 2023) non-LPR cancellation; jur…
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Immigration Review
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Special Episode - Interview with Andy Posner, Founder and CEO of Capital Good Fund
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Capital Good Fund Information: Website: here Andy's email: andy@capitalgoodfund.org FAQ Page: here Media AILA.org NextCity.gov Andy's award-nominated immigration poem: The Machinery of the State *Sponsors and friends of the podcast! Kurzban Kurzban Tetzeli and Pratt P.A. Immigration, serious injury, and business lawyers serving clients in Florida, …
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Immigration Review
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Ep. 148 - Precedential Decisions from 2/21/2023 - 2/27/2023 (drug trafficking aggravated felony; divisibility; elements vs. means; controlled substance list; extreme recklessness; mens rea; crime of violence ...
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Harbin v. Sessions, 860 F.3d 58 (2d Cir. 2017) drug trafficking aggravated felony; INA § 101(a)(43)(B); categorical approach; divisibility; NYPL § 220.31; controlled substance list; NYPL § 220.00(5); criminal sentence; double jeopardy; jury instructions as last resort; "specify" USA v. Brasby, No. 21-1537 (3d Cir. Feb. 23, 2023) N.J. Stat. Ann. § 2…
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Immigration Review
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Ep. 147 - Precedential Decisions from 2/14/2023 - 2/20/2023 (unlawful presence bar; EB-1C; jurisdiction to review adjustment of status denial; cross-appeals; crime of violence - attempt, knowledge, and ...
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Matter of Duarte-Gonzalez, 28 I&N Dec. 688 (BIA 2023) unlawful presence; 10-year bar; INA § 212(a)(9)(B)(i)(II); statutory construction; negative inference Ren, et al. v. USCIS, No. 21-1661 (4th Cir. Feb. 14, 2023) EB-1C; executive or manager; evidentiary burden of proof; degree of managerial or executive tasks; daily responsibilities; Patel Britko…
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Immigration Review
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Ep. 146 - Precedential Decisions from 2/7/2023 - 2/13/2023 (torture; withholding - corroboration & credibility; nexus - family, gangs, extortion & revenge; deficient exclusion proceedings; divorce in Virginia ...
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Hernandez-Martinez v. Garland, No. 21-1448 (1st Cir. Feb. 2, 2023) CAT; torture definition; single act; single incident; business owners in Guatemala who have high profit; severity of harm Aguilar-Escoto v. Garland, No. 18-1590 (1st Cir. Feb. 7, 2023) withholding of removal notwithstanding adverse credibility finding; corroboration; failure to cons…
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Immigration Review
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Ep. 145 - Precedential Decisions from 1/30/2023 - 2/6/2023 (Supreme Court 2023 Term Rundown; aggravated felony crime of violence; elements clause; recklessness)
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Supreme Court 2023 Term Rundown United States v. Helaman Hansen Arizona v. Mayorkas Santos Zacaria v. Garland U.S. v. Texas Pugin v. Garland Dubin v. U.S. USA v. White, No. 21-3209 (6th Cir. Jan. 31, 2023) aggravated felony crime of violence; INA § 101(a)(43)(F); Borden; recklessness; mens rea; Ohio Rev. Code § 2911.01(A)(1); aggravated robbery *Sp…
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Immigration Review
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Ep. 144 - Precedential Decisions from 1/23/2023 - 1/29/2023 (past persecution; failure to seek medical care; Guatemala - indigenous, lesbians, and witness cooperators; good moral character; sexual abuse ...
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Saban-Cach v. Att’y Gen. U.S., No. 21-2378 (3d Cir. Jan. 25, 2023) past persecution; failure to seek medical care; physical injury; cumulative effect of harm; minors; Kaqchikel Mayan; reasonable relocation for indigenous individuals; threats; standards of review for withholding and CAT; police and gangs; Patel; Guatemala Cruz‐Velasco v. Garland, No…
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Immigration Review
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Ep. 143 - Precedential Decisions from 1/16/2023 - 1/22/2023 (changes at the Department of State!; attempt; aggravated felony crimes of violence; New York attempted first-degree assault; violent force; ...
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Death of a Roman (times, new) Singh v. Garland, No. 19-2910 (2d Cir. Jan. 19, 2023) INA § 101(a)(43)(U); INA § 101(a)(43)(F); aggravated felony crimes of violence; 18 U.S.C. § 16(a); attempted first-degree assault in violation of N.Y. Pen. L. §§ 110.00, 120.10(1); violent force; requesting publication *Sponsors and friends of the podcast! Kurzban K…
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Immigration Review
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Ep. 142 - Precedential Decisions from 1/9/2023 - 1/15/2023 (deficient NTA; stop-time rule; final order of removal; false statements, naturalization, and materiality; fear of gangs & reasonable fear; divisibility ...
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Matter of Chen, 28 I&N Dec. 676 (BIA 2023) deficient NTA; plain language; stop-time rule; final order of removal; prima facie showing; fundamental change in law – Niz Chavez USA v. Amintobia, No. 20-50039 (9th Cir. Jan. 11, 2023) knowingly procuring or attempting to procure naturalization; Maslenjak; asylum fraud; false statements; materiality; pre…
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Immigration Review
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Ep. 141 - Precedential Decisions from 1/2/2023 - 1/8/2023 (credibility; immigration fraud; lack of detail in testimony; asylum from Bangladesh; identity theft; Va. Code Ann. § 18.2-186.3(A)(2); CIMT; intent ...
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Celebrating listener success! Porosh v. Garland, No. 22-1781 (7th Cir. Jan. 5, 2023) credibility; asylum; immigration fraud; procedural deviations; testifying by reading from a piece of paper; lack of detail in testimony; reviewing IJ and BIA decisions; Jamaat; Bangladesh Salazar v. Garland, No. 21-1967 (4th Cir. Jan. 3, 2023) identity theft; Va. C…
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Immigration Review
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Ep. 140 - Precedential Decisions from 12/26/2022 - 1/1/2023 (mental health; fear of gangs; police acquiescence; cocaine isomers; no notice motion to reopen; derivative citizenship; nexus & family group ...
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Alvarez-Gomez v. Garland, No. 21-2279 (8th Cir. Dec. 28, 2022) mental health; Matter of M-A-M- safeguards; jurisdiction; findings of fact for withholding of removal; Nasrallah; fear of gangs; CAT protection; police acquiescence to gang violence; low level official; relocation; El Salvador United States v. Myers, No. 21-3443 (8th Cir. Dec. 29, 2022)…
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Immigration Review
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Ep. 139 - Precedential Decisions from 12/19/2022 - 12/25/2022 (a holiday thank you to the podcast's Patrons; persecutor bar to asylum; Eritrea; sentence modification; Matter of Thomas and Thompson; retroactivity; ...
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Gebrgzabher v. Garland, No. 21-60223 (5th Cir. Dec. 19, 2022) persecutor bar to asylum; assisted, or otherwise participated in persecution; Matter of DR-; military guard; Eritrea Edwards v. U.S. Att'y Gen., No. 19-15077 (11th Cir. Dec. 23, 2022) sentence modification; Matter of Thomas and Thompson; retroactivity; reasonableness; Georgia family viol…
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Immigration Review
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Ep. 138 - Precedential Decisions from 12/12/2022 - 12/18/2022 (T-visa training!; cumulative harm for past persecution; dwarfism; alienage; inconsistencies in DHS evidence; mental health facilities in Honduras; ...
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Training: Is This a T Visa? with Helen Tarokic - January 27, 2023 from 9:30am to 10:30am EST Click here to sign up! More about Helen Tarokic, Esq. Salguero Sosa v. Garland, No. 19-70961 (9th Cir. Dec. 16, 2022) cumulative effect of harm for past persecution; dwarf; dwarfism; political opinion; nexus standard for withholding of removal; Guatemala Es…
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Immigration Review
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Special Episode - Interview with John Khosravi about his many hats, and the Immigration Lawyers Toolbox!
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Links! All about John and his law firm Immigration Lawyers Toolbox homepage Immigration Lawyers Toolbox Magazine Immigration Lawyers Podcast Register for the Conference! *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 …
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Immigration Review
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Ep. 137 - Precedential Decisions from 12/5/2022 - 12/11/2022 (credibility; Bangladesh; memorizing testimony; suppression; Fourth Amendment; egregious violation; INA § 237(a)(2)(E)(i); categorical approach; ...
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Hasan-Nayem v. U.S. Att'y Gen., No. 21-12402 (11th Cir. Dec. 7, 2022) credibility; inconsistencies; omissions, demeanor; memorizing testimony; evasiveness; asylum; Liberal Democratic Party; Awami League; Bangladesh Matter of Mariscal-Hernandez, 28 I&N Dec. 666 (BIA Dec. 9, 2022) suppression; Fourth Amendment; egregious violation; Matter of Barcenas…
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Immigration Review
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Ep. 136 - Precedential Decisions from 11/28/2022 - 12/4/2022 (vacate Lozada!; disbarment; approvable when filed - 245(i); affidavit of support; waiver of appeal; particularly serious crime; amount of loss; ...
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Sign Rekha Sharma-Crawford's Matter of Lozada petition! https://bit.ly/3FlDGeZ Matter of K. Gupta, 28 I&N Dec. 653 (BIA 2022) attorney suspension; disbarment; 8 C.F.R. § 1003.107; 8 C.F.R. § 1003.102(f)(1); American Bar Association standards; challenging Lozada! Matter of Triana, 28 I&N Dec. 659 (BIA 2022) INA § 245(i); meritorious in fact; approva…
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Immigration Review
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Ep. 135 - Precedential Decisions from 11/21/2022 - 11/27/2022 (CAT & under color of law; regulatory violations & fundamental rights; corroboration; past persecution; venue; jurisdiction; best interests ...
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Garcia-Aranda v. Garland, No. 18-2281 (2d Cir. Nov. 21, 2022) asylum; CAT; family membership; under color of law; public official; corrupt police; Mara 18; Honduras Gonzalez Aquino v. Att’y Gen. U.S., No. 21-3317 (3d Cir. Nov. 22, 2022) regulatory violation; fundamental right; prejudice; harmless error; exhaustion (low bar); CAT; Dominican Republic…
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Ep. 134 - Precedential Decisions from 11/14/2022 - 11/20/2022 (termination; good moral character; DUIs; timely filings; crime of violence; change in law; equitable tolling; due diligence; jurisdiction; ...
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Matter of Coronado Acevedo, 28 I&N Dec. 648 (A.G. 2022) termination; Matter of S-O-G- & -F-D-B-; notice and comment rulemaking Llanas-Trejo v. Garland, No. 21-3770 (8th Cir. Nov. 16, 2022) non-LPR cancellation of removal; good moral character; multiple DUIs; Matter of Cartillo-Perez; presumption; hardship to non-qualifying relative; motion to reope…
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Ep. 133 - Precedential Decisions from 11/1/2022 - 11/13/2022 (Welcome Capital Good Fund!; vacated criminal convictions; Matter of Thomas and Thompson; CIMT; petty offense exception; child endangerment; ...
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Zaragoza v. Garland, No. 19-3437 (7th Cir. Nov. 8, 2022) vacated criminal convictions; Matter of Thomas and Thompson; Indiana Code § 35-46-1-4(a)(2); CIMT; petty offense exception; child endangerment; realistic probability test; retroactive application; Matter of Cota-Vargas *Sponsors and friends of the podcast! Kurzban Kurzban Tetzeli and Pratt P.…
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Ep. 132 - Precedential Decisions from 10/31/2022 - 11/6/2022 (deficient NTA in absentia motion to reopen; corroboration; nexus: withholding & Matter of C-T-L-, family groups; particularly serious crime; ...
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Laparra-Deleon v. Garland, No. 22-1081 (1st Cir. Nov. 4, 2022) deficient NTA in absentia motion to reopen; Matter of Laparra; notice of hearing; definition of the word “change”; Zombie precedent Pinel-Gomez v. Garland, No. 19-3124 (2d Cir. Nov. 2, 2022) corroboration; standard of review; factual question; finding of fact; reasonably available evide…
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Ep. 131 - Precedential Decisions from 10/24/2022 - 10/30/2022 (Colorado definition of marijuana; jurisdiction following reinstatement; jurisdiction for credible fear review; constitutional rights; particular ...
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Zapata-Chacon v. Garland, No. 20-9645 (10th Cir. Oct. 25, 2022) Colorado definition of marijuana; motion to reconsider and terminate; definition of review; definition of relief; INA § 241(a)(5); jurisdiction; 28J letter Morales v. Garland, No. 20-1305 (4th Cir. Oct. 24, 2022) particular social group; witnesses to gang crime; women unable to leave t…
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Ep. 130 - Precedential Decisions from 10/17/2022 - 10/23/2022 (withholding of removal; imputed gang member; CAT protection - government actors, gang-police officers, legislative history, under color of ...
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Chavez v. Garland, No. 21-1267 (1st Cir. Oct. 21, 2022) withholding of removal; imputed political opinion; imputed particular social group; imputed gang member; Matter of E-A-G-; Chevron Step 2; CAT; willful blindness; MS-13; El Salvador H.H. v. Garland, No. 21-1150 (1st Cir. Oct. 21, 2022) CAT protection; acquiescence; willful blindness test; mixe…
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Ep. 129 - Precedential Decisions from 10/10/2022 - 10/16/2022 (en banc; deficient NTA; venue; stay of removal; adjustment of status; discretion; mens rea; aggravated felony theft offense; permissive inference ...
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Singh v. Garland, No. 20-70050 (9th Cir. Oct. 12, 2022) en banc challenge; in absentia motion to reopen; deficient NTA; statutory interpretation; Rodriguez; Laparra Sarr v. Garland, No. 20-3836 (2d Cir. Oct. 12, 2022) venue; jurisdiction; stay of removal; INA § 242(b)(2) Moreno v. Garland, No. 21-1237 (1st Cir. Oct. 14, 2022) adjustment of status; …
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Ep. 128 - Precedential Decisions from 10/3/2022 - 10/9/2022 (doctrine of consular nonreviewability; CAT - waiver of claim & credibility; exhaustion & due process; pro se rights; § 212(c); conditional LPRs ...
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Munoz v. DOS, et al., No. 21-55365 (9th Cir. Oct. 5, 2022) doctrine of consular nonreviewability; Immigrant Visa; tattoos; facially legitimate bonafide reason; timely notification; Due Process Cordero-Chavez v. Garland, No. 21-60370 (5th Cir. Oct. 4, 2022) credibility; CAT protection; inconsistency; CAT box; waiver of CAT claim; Eduard v. Ashcroft …
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Ep. 127 - Precedential Decisions from 9/26/2022 - 10/2/2022 (motion to reopen; vacated conviction; controlled substance convictions; Federal First Offender’s Act; CIMTs; cancellation of removal - jurisdiction ...
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23:34
Lara-Garcia v. Garland, No. 20-71703 (9th Cir. Sept. 26, 2022) motion to reopen; vacated conviction; Cardoso-Tlaseca; simple possession of drugs; Federal First Offender’s Act (FFOA); Lujan-Armendariz; sua sponte; CIMT – Cal. Pen. Code § 459, misdemeanor burglary; Cal. Pen. Code § 496(a), misdemeanor receipt of stolen property; Cal. Health and Safet…
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Ep. 126 - Precedential Decisions from 9/19/2022 - 9/25/2022 (THANK YOU PATRONS!; exhaustion; due process; asylum; past persecution; government actor; BJP; India)
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September 2022 Patron Shout Out! Derrick Upchurch Breanna Cary Nenad Milosevic Yuna E. Scott Lorraine Marte Susan Gregg Michelle M. Marty Rivera Pablo Rodriguez Dave Burton Fola Olumbunmi Kumar v. Garland, No. 20-60712 (5th Cir. Sept. 21, 2022) exhaustion; due process; asylum; past persecution; government actor; BJP; India *Sponsors and friends of …
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Ep. 125 - Precedential Decisions from 9/12/2022 - 9/18/2022 (past persecution; Mann Party; India; continuances; right to present testimony; due process; prejudice; constitutional and regulatory violations ...
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27:01
Singh v. Garland, No. 20-72806 (9th Cir. Sept. 14, 2022) past persecution; serious harm; death threats alone; fleeing home; age of victim for persecution; Shiromani Akali Dal Party (Mann Party); India Martinez Roman v. Garland, No. 20-3476 (2d Cir. Sept. 15, 2022) continuances; non-LPR cancellation of removal; exceptional and extremely unusual hard…
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Ep. 124 - Precedential Decisions from 9/5/2022 - 9/11/2022 (detention; MS-13; asylum; unable or unwilling to control private actors; non-LPR cancellation of removal; qualifying relative; NACARA; INA ...
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Intro + Hernandez Avilez v. Garland, No. 20-16142 (9th Cir. Sept. 8, 2022) (detention) Rodriguez De Palucho v. Garland, No. 22-0212 (6th Cir. Sept. 9, 2022) asylum; unable or unwilling to control private actors; extortion; rent; MS-13; El Salvador Agustin-Matias v. Garland, No. 21-60288 (5th Cir. Sept. 9, 2022) non-LPR cancellation of removal; qual…
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Ep. 123 - Precedential Decisions from 8/29/2022 - 9/4/2022 (Interpol Red Notice; serious nonpolitical crime; categorical approach; changed country condition motion to reopen; reinstatement; clear error ...
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Gonzalez-Castillo v. Garland, No. 21-70112 (9th Cir. Aug. 31, 2022) · Interpol Red Notice; Article 13 of the Salvadoran Code; MS-13; serious reason to believe; serious nonpolitical crime; probable cause; burdens; Matter of W-E-R-B-; Salvadoran Art. 13; MS-13; IJ duty to develop the record Romero-Millan v. Garland, No. 16-73915 (9th Cir. Aug. 29, 20…
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Ep. 122 - Precedential Decisions from 8/22/2022 - 8/28/2022 (divisibility; stalking; mental state; intent; expert psychological opinion; childhood trauma; credible and reasonable fear interview transcripts ...
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20:06
Vurimindi v. Att'y Gen. U.S., No. 19-1848 (3d Cir. Aug. 24, 2022) stalking in violation of 18 Pa. Stat. and Cons. Stat. § 2709.1(a)(1); divisibility; mens rea; INA § 237(a)(2)(E)(i); means vs. elements; intent; “demonstrate”; Pennsylvania jury instructions Rivera-Medrano v. Garland, No. 20-1667 (1st Cir. Aug. 26, 2022) motion to remand; credibility…
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Ep. 121 - Precedential Decisions from 8/15/2022 - 8/21/2022 (obstruction of justice; vacated convictions; burglary; receipt of stolen property; particularly serious crime; child abuse; deficient NTAs; ...
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Cordero-Garcia v. Garland, No. 19-72779 (9th Cir. Aug. 15, 2022) INA § 101(a)(43)(S), obstruction of justice; Valenzuela Gallardo; Cal. Pen. Code § 136.1(b)(1); Matter of Cordero-Garcia; realistic probability; Zombie alert! Ballinas-Lucero v. Garland, No. 17-73260 (9th Cir. Aug. 15, 2022) vacated convictions; Cal. Pen. Code § 1018; cancellation; Pe…
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Ep. 120 - Precedential Decisions from 8/8/2022 - 8/14/2022 (IJ bias; particularly serious crime; transgender women; CAT deferral; withholding of removal; reversing IJs; impeachment evidence; religion and ...
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Tinoco Acevedo v. Garland, No. 20-2048 (4th Cir. Aug. 11, 2022) IJ bias; belittle; due process; Matter of Y-S-L-C-; lack of fluency in English; relying on evidence not in the record K.Y. v. U.S. Att'y Gen., No. 21-10271 (11th Cir. Aug. 9, 2022) particularly serious crime; asylum; transgender woman; extortion; issue exhaustion; discretionary finding…
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Ep. 119 - Precedential Decisions from 8/1/2022 - 8/7/2022 (persecution; PSC and crime against persons; sue sponte motion to reopen; good moral character; drug trafficking; deficient NTA motions; crime ...
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Sorto-Guzman v. Garland, No. 20-1762 (4th Cir. Aug. 3, 2022) single death threat; persecution; question of law; Catholic religion; burdens; Mara 18; El Salvador Gutierrez-Vargas v. Garland, No. 21-3520 (8th Cir. Aug. 1, 2022) particularly serious crime; reweighing evidence; crimes against persons; INA § 242(a)(2)(C); CAT deferral; dismemberment; Ze…
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Ep. 118 - Precedential Decisions from 7/25/2022 - 7/31/2022 (firearm offense; ammunition; divisibility; untimely asylum; extraordinary circumstances; legal disability; mootness: deferral & physical removal; ...
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Matter of Ortega-Quezada, 28 I&N Dec. 598 (BIA 2022) INA § 237(a)(2)(C); firearm offense; exchange; ammunition; gratuitous transfer; divisibility; double jeopardy; similarly-worded statutes; Pereida Martinez Alquijay v. Garland, No. 20-70470 (9th Cir. July 27, 2022) untimely asylum filing; one-year deadline; extraordinary circumstances; legal disab…
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Ep. 117 - Precedential Decisions from 7/18/2022 - 7/24/2022 (credibility; demeanor; credible fear interview notes; equitable tolling & diligence; reinstatement & gross miscarriage of justice; deficient ...
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Ndudzi v. Garland, No. 20-60782 (5th Cir. July 20, 2022) adverse credibility; demeanor; inconsistency; asylum; credible fear interview notes; Angola; Cabinda; Front for the Liberation of the Enclave of Cabinda (FLEC); BIA rewriting IJ decision Masin-Ventura v. Garland, No. 21-60610 (5th Cir. July 21, 2022) motion to reopen; equitable tolling; dilig…
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Immigration Review
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Ep. 116 - Precedential Decisions from 7/1/2022 - 7/17/2022 (encourage; induce; alien smuggling; First Amendment; 8 U.S.C. § 1324(a)(1)(A)(iv); deficient NTA; claims processing rule; subject matter jurisdiction; ...
12:45
12:45
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United States v. Hernandez-Calvillo, No. 19-3210 (10th Cir. July 13, 2022) encourage; induce; alien smuggling; First Amendment; 8 U.S.C. § 1324(a)(1)(A)(iv); Sineneng-Smith; statutory interpretation USA v. Bastide-Hernandez, No. 19-30006 (9th Cir. July 11, 2022) (en banc) deficient NTA; claims processing rule; subject matter jurisdiction; § 1326; p…
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Immigration Review
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Ep. 115 - Precedential Decisions from 7/4/2022 - 7/10/2022 (adverse credibility; inconsistencies; deficient NTA; in absentia motion to reopen; CIMT & drug trafficking; reinstatement, INA § 212(a)(9)(C ...
33:01
33:01
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33:01
Barseghyan v. Garland, No. 16-72849 (9th Cir. July 8, 2022) credibility; asylum; inconsistency; Alam; past persecution; totality of circumstances; opportunity to explain; plausibility; Armenia Gudiel-Villatoro v. Garland, No. 20-61050 (5th Cir. July 8, 2022) deficient NTA; in absentia motion to reopen; Rodriguez; failure to update address; failure …
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Immigration Review
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Ep. 114 - Precedential Decisions from 6/27/2022 - 7/3/2022 (asylum; dual nationality; credibility - impeachment & plausibility; circuit venue; stays; expedited removal & theft offenses; NACARA; cancellation; ...
55:50
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55:50
Zepeda-Lopez, et al. v. Garland, No. 19-145 (2d June 28, 2022) asylum; dual citizenship; dual nationality; statutory interpretation; “any”; dictionary definitions; INA § 101(a)(42)(A); refugee; UN Refugee Convention; statutory scheme as a whole; Matter of B-R-; Honduras Matter of E-F-N-, 28 I&N Dec. 591 (BIA 2022) credibility; impeachment; filing d…
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Immigration Review
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Ep. 113 - Precedential Decisions from 6/20/2022 - 6/26/2022 (crime of violence; attempt; changed country conditions motion to reopen; Ethiopia; deficient NTA; timely assertion of mandatory claims processing ...
32:35
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United States v. Taylor, No. 20-1459 (U.S. June 21, 2022) Hobbs Act robbery; 18 U.S.C. § 924(c)(3)(A); crime of violence; attempt; substantial step; realistic probability test Menghistab v. Garland, No. 21-2099 (7th Cir. June 21, 2022) changed country conditions motion to reopen; CAT deferral; review of foreign law; prima facie showing; Ethiopian c…
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Immigration Review
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Ep. 112 - Precedential Decisions from 6/13/2022 - 6/19/2022 (class action injunctions; detention; isomers; credibility; particularly serious crimes; claims processing rules; naturalization; Nicaragua; ...
1:06:51
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Garland v. Gonzalez, et al., No. 20-322 (U.S. June 13, 2022) INA § 242(f)(1); injunctions; class action; individual; statutory interpretation; detention Johnson v. Arteaga-Martinez, No. 19-896 (U.S. June 13, 2022) statutory interpretation; canon of constitutional avoidance; detention; withholding-only proceedings; reinstatement; Jennings Aguirre-Zu…
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Immigration Review
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Ep. 111 - Precedential Decisions from 6/6/2022 - 6/12/2022 (crime of violence; non-LPR cancellation of removal; CIMT & intent to defraud; aggravated felony burglary; prison mailbox rule; restitution; crime ...
34:57
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USA v. Castillo, No. 21-527 (2d Cir. June 8, 2022) crime of violence; attempt; violent force; attempted second-degree gang assault in violation of N.Y. Pen. L. §§ 120.06 and 110.00; legal impossibility Flores-Alonso v. U.S. Att'y Gen., No. 19-14058 (11th Cir. June 6, 2022) non-LPR cancellation of removal under INA § 240A(b); exceptional and extreme…
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Immigration Review
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Ep. 110 - Precedential Decisions from 5/30/2022 - 6/5/2022 (domestic violence based asylum claims; Jaco v. Garland; unable or unwilling to protect; police reports; El Salvador, Haiti & voodoo; Patel)
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Lopez-Perez v. Garland, No. 20-60131 (5th Cir. June 1, 2022) domestic violence based asylum claims; Jaco v. Garland; A-R-C-G-; failure to file a brief with the BIA; futility of remand; El Salvador Bertrand v. Garland, No. 19-60620 (5th Cir. June 3, 2022) unable or unwilling to protect; police reports; Matter of O-Z- & I-Z-; complete helplessness; P…
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Immigration Review
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Ep. 109 - Precedential Decisions from 5/23/2022 - 5/29/2022 (right to bear arms; crime of child abuse; likelihood of harm; credibility; IJ bias; changed country condition motion to reopen; Chinese Christians ...
22:24
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USA v. Jimenez-Shilon, No. 20-13139 (11th Cir. May 23, 2022) 18 U.S.C. § 922(g)(5)(A); right of “the people” to bear arms Nunez v. Att'y Gen. U.S., No. 20-2651 (3d Cir. May 26, 2022) endangering the welfare of a child in the third degree, in violation of N.J. Stat. § 2C:24-4(a)(1); use and definition of “would”; crime of child abuse, neglect, or ab…
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Immigration Review
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Ep. 108 - Precedential Decisions from 5/16/2022 - 5/22/2022 (jurisdiction to review discretionary relief; ineffective assistance of counsel; BIA dismissal; CAT & asylum - Cameroon & Somalia; credibility; ...
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Patel v. Garland, No. 20-979 (U.S. May 16, 2022) jurisdiction to review five types of discretionary relief; statutory interpretation; false claim to citizenship; agency power Saint Ford v. Att'y Gen U.S., No. 21-1729 (3d Cir. May 16, 2022) ineffective assistance of counsel motion to reopen; corroboration; prejudice; truth of statements in motion; P…
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Immigration Review
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Special Episode - The UNNJ Episode! (Interview with KKTP Partner Edward Ramos and KKTP Associate Elizabeth Montano regarding the University of Northern New Jersey and Dong v. Johnson class action settlement ...
48:16
48:16
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Ed and Liz take us through the case and settlement Dong, et al. v. Johnson, et al., Case No. 17-2092-ES-JSA—a class-action lawsuit which challenged various actions and conduct of the U.S. Government related to the University of Northern New Jersey (“UNNJ”). UNNJ was a fake university set up by DHS. After over five years of litigation, the lawsuit h…
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Immigration Review
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Ep. 107 - Precedential Decisions from 5/9/2022 - 5/15/2022 (particularly serious crimes: mental health & exhaustion; asylum: gangs & Mayan race; CIMT: money laundering & intent; VAWA motion to reopen; ...
43:24
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Matter of B-Z-R-, 28 I&N Dec. 563 (A.G. 2022) mental health; Matter of G-G-S-; particularly serious crime Kithongo v. Garland, No. 21-2662 (7th Cir. May 9, 2022) particularly serious crime; conspiracy to commit robbery; violent crimes; Matter of N-A-M-; jurisdiction; exhaustion; case processing rule; actually argued Tojin-Tiu v. Garland, No. 21-226…
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Immigration Review
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Ep. 106 - Precedential Decisions from 5/2/2022 - 5/8/2022 (credibility; frivolous asylum finding; deliberate fabrication; controlled substance offense; divisibility; elements; violation of a court protection ...
26:48
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U.S. v. Begay, No. 14-10080 (9th Cir. May 5, 2022) (en banc) crime of violence; recklessness; Borden Udo v. Garland, No. 20-70078 (9th Cir. May 4, 2022) credibility; frivolous asylum finding; deliberate fabrication; materiality; gay men; homosexuality; consideration of all evidence; adverse credibility and Convention Against Torture; Nigeria Matter…
