Immigration Review

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

Buy Above the Ground - A True Story of the Troubles in Northern Ireland Wild Blue PressAmazonOther Links!Klinedinst News about Dan and his book, with photographs!https://abovethegroundbook.com/Dan Lawton's profile at Klinedinst 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 hostMore episodesCase notesTop 15 immigration podcast in the U.S.Recent 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