Immigration Review

Matter of Brathwaite, 28 I&N Dec. 751 (BIA 2023)criminal conviction; finality; Matter of J.M. Acosta; N.Y. Crim. Pen. L. § 460.30; late-filed appeals M.S.C. v. Garland, No. 21-1496 (1st Cir. Oct. 24, 2023)opposition to Chinese family planning policy; adverse credibility; motion to reopen; recalling forced abortion; demeanor; authentication; 8 C.F.R. § 287.6; corroboration 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

Learn all about Judge Mimi Tsankov: FBA ProfileAdditional links!:Senate Subcommittee on Immigration, Citizenship, and border Safety - Preserving Due Process and the Rule of Law: Examining the Status of Our Nation’s Immigration CourtsThe Honorable Mimi Tsankov - President, National Association of Immigration JudgesThe Honorable Rebecca Gambler - Director, Homeland Security and JusticeU.S. Government Accountability OfficeJeremy McKinney - AILA Immediate Past PresidentCharles "Cully" Stimson - Deputy Director, Edwin Meese III Center for Legal and Judicial StudiesNational Association of Immigration JudgesHomeOfficersSponsors 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

USA v. Redd, No. 20-6957 (4th Cir. Oct. 19, 2023)divisibility; violent felony/crime of violence; focus on what jury must find; Maryland first degree assault in violation of Md. Code, Art. 27 § 12A-1; rejecting state courts use of the word “element”; recklessness; battery; aggravating factor of firearm  Pacheco-Mota v. Garland, No. 22-3651 (8th Cir. Oct. 18, 2023)child witness to gang violence; particular social group; particularity; social distinction; GuatemalaSponsors 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

Caz v. Garland, No. 23-1108 (1st Cir. Oct. 11, 2023)reasonable relocation; testimony alone for relocation; economic discrimination; indigenous; Quechua; EcuadorAmerican Bar Association Links!Immigrant Justice Project (IJP) galaYoung Lawyer’s Rising PodcastSponsors 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

American Bar Association Links!Immigrant Justice Project (IJP) galaYoung Lawyer’s Rising PodcastImmigration Lawyers Toolbox Marriage and Fiancé Visas + I-751 course Click me!Kemokai v. U.S. Att'y Gen., No. 21-12743 (11th Cir. Oct. 2, 2023)aggravated felony theft offense; § 101(a)(43)(G); Mass. Gen. Laws ch. 265, § 17; Santos-Zacaria; exhaustion requirement in the Eleventh Circuit; B-Z-R-; mental health; particularly serious crime Nerio Perez v. Garland, No. 22-2434 (7th Cir. Oct. 3, 2023)unable or unwilling to protect; protective order; Mayan ancestry; women; GuatemalaSponsors 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

ASISTA!To learn more about ASISTA’s work, click here!  And follow ASISTA on all the social medias  : )Sign up here for the Wednesday, Oct. 18th at 7pm ET event, and/or make a donation to support ASISTA's work!Pesikan v. Att’y Gen. U.S., No. 20-3307 (3d Cir. Sept. 26, 2023)divisibility; 75 Pa. Cons. Stat. § 3802; controlled substance; driving while under the influence of marijuana; charging document; Mathis peak Doe v. United States, No. 22-843 (2d Cir. Aug. 1, 2023)FTCA; Bivens; equitable tolling; sexual assault by ICE officers; extraordinary circumstance; due diligenceSponsors 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

United States v. Kousisis (CA3), Ed’s Article, and Kim’s Award!federal loss amount; U.S.S.G. § 2B1.1; Child Status Protection Act (CSPA); my wife! (Borat voice) St. John v. Garland, No. 22-1695 (1st Cir. Sept. 19, 2023)finality of conviction; Matter of J.M. Acosta; vacating conviction in Massachusetts; negative inferenceLink to Edward Ramos's CSPA Article!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"Joorney Business Plans"Business-critical documents for every stage of your journey"For 30% off use code: REVJOORNEY30  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

Hermosillo v. Garland, No. 18-71220 (9th Cir. Sept. 14, 2023)reasonable fear interview; reasonable possibility standard; 10%; credible testimony satisfies nexus and police acquiesce Rudnitskyy v. Garland, No. 21-1098 (9th Cir. Sept. 14, 2023)“rendered inadmissible”; INA § 240A(d)(1)(B); cancellation of removal; stop-time rule; Barton Matter of Cabrera-Fernandez, 28 I&N Dec. 747 (BIA 2023)humanitarian parole under INA § 212(d)(5)(A); conditional parole under INA § 236(a)(2)(B); Jennings; applicant for admission; Cuban Adjustment Act Peguero Vasquez v. Garland, No. 21-6380 (2d Cir. Sept. 13, 2023)possession of a forged instrument under N.Y. Pen. Law § 170.20; retroactivity; N.Y. Pen. Law. § 70.15(1-a); CIMT; one year term of imprisonment; vacatur of conviction (dicta) Avila v. Att’y Gen. U.S., No. 22-1374 (3d Cir. Sept. 14, 2023)N.J. Stat. §  2C:20-4(a); CIMT; Matter of S. Wong; definition of conviction under INA § 101(a)(48)(A); Chevron; Castillo; sexual violence asylum claims; Honduras; A-R-C-G- Munoz-De Zalaya v. Garland, No. 22-60505 (5th Cir. Sept. 12, 2023)Salvadoran business owners; nexus; particular social group; gangs; El Salvador; deficient NTA; Santos-Zacaria; exhaustion  Solis-Flores v. Garland, No. 22-1147 (4th Cir. Sept. 11, 2023)receipt of stolen property CIMT; VA Code § 18.2-108; realistic probability test; post conclusion voluntary departure; 8 C.F.R. § 1240.26(c)(3)(i); timing to advise voluntary departure bondSponsors 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"Joorney Business Plans"Business-critical documents for every stage of your journey"For 30% off use code: REVJOORNEY30  Want to become a patron?Click here to check out our Patreon Page!CONTACT INFORMATIONEmail: kgregg@kktplaw.comFacebook: @immigrationreviewInstagram: @immigrationreviewTwitter: @immreviewAbout your hostCase notesDISCLAIMER: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

USA v. Minter, No. 21-3102 (2d Cir. Sept. 6, 2023)sale of cocaine; N.Y. Penal Law § 220.39; serious drug offense; definition of isomer; realistic probability test Matter of C-G-T-, 28 I&N Dec. 740 (BIA 2023)one-year deadline; gay men in the Dominican Republic; reasonableness of reporting harm to police; reporting harm as child; sexual identity as immutable; statement of persecutor and nexus  Ponce-Flores v. Garland, No. 21-2377 (4th Cir. Sept. 6, 2023)gang-based CAT deferral; aggregate torture; police corruption; acquiescence; former gang member; MS-13; harm in U.S. prison; Honduras Velázquez v. Garland, No. 22-9576 (10th Cir. Sept. 8, 2023)voluntary departure; deadline on a weekend; extending statutory deadline; motion to reopen; failure to depart Martinez-De Umana v. Garland, No. 22-60340 (5th Cir. Sept. 8, 2023)gang-based asylum fear; MS-13; Matter of Fuentes; fear because prison guard or police officer; Dr. Thomas Boerman; considering expert testimony; Ministry of Justice; El Salvador Alonso-Juarez v. Garland, No. 15-72821 (9th Cir. Sept. 8, 2023)reasonable fear review; Nasrallah; 30 day rule; claims processing rule; jurisdiction; Guzman Chavez; final order of removal; reinstatement; Bhaktibhai-Patel; Santos-Zacaria; Suspension ClauseSponsors 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"Joorney Business Plans"Business-critical documents for every stage of your journey"For 30% off use code: REVJOORNEY30  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

Pomavilla-Zaruma v. Garland, No. 20-3230 (2d Cir. Aug. 30, 2023)credibility; border interview; credible fear interview transcript; Ramsameachire factors Trejo-Gamez v. Garland, No. 21-3329 (8th Cir. Aug. 30, 2023)jurisdiction; motion to reopen to present new evidence; ineffective assistance of counsel; Patel; abuse of discretion Uulu v. Garland, No. 22-1973 (7th Cir. Sept. 1, 2023)adverse credibility; inconsistencies; corroborating inconsistent testimony; recollection and trauma; Kyrgyzstan Al-Hasani v. DHS, No. 22-1603 (3d Cir. Aug. 30, 2023)naturalization; good moral character; INA § 101(f); definition of polygamy; bigamy; INA § 212(a)(10)(A); Chevron deference; Matter of G-; definition of practice Lin v. Garland, No. 22-3807 (6th Cir. Sept. 1, 2023)objective fear of persecution; underground house church Christian; opposition to family planning; longtime police interest in arrest; past harm and future individualized risk; reasonableness of relocation; 8 C.F.R. § 210.13(b)(3);ChinaFlores-Vasquez v. Garland, No. 20-73447 (9th Cir. Aug. 31, 2023)CIMT; Or. Rev. Stat. § 163.190; Matter of J-G-P-; assault; menacing; intent to fearSponsors 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"Joorney Business Plans"Business-critical documents for every stage of your journey"For 30% off use code: REVJOORNEY30  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