Immigration Review

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

Explore vacated criminal convictions, challenges in asylum applications, and legal intricacies of defining 'crime of violence' through case reviews. Celebrate 200th episode milestone with gratitude for listener support.

 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

This podcast discusses recent immigration cases, including I-751 petitions, joint filing requirements, and UVISA applications. It also explores the disclosure of information in judicial review and the concept of willfulness. The divisibility of statutes in relation to mens rea is analyzed, along with the general intent of federal assault crimes. The podcast also examines court cases and the use of Latin in legal decisions.

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