Immigration Review

Murillo Morocho v. Garland, No. 22-1881 (1st Cir. Aug. 21, 2023)CAT deferral; prosecution as persecution; consent or acquiesce; willful blindness; prison violence in Ecuador Montoya-Lopez v. Garland, No. 23-1036 (1st Cir. Aug. 21, 2023)past persecution; particular social group; “family members of a business owner perceived as wealthy”;  "people who have fled gangs instead of continuing to pay extortion"; extortion as persecution; economic deprivation; El Salvador Munoz-Rivera v. Garland, No. 22-3124 (7th Cir. Aug. 24, 2023)domestic violence type asylum; material inconsistency; waiver of argument Robbertse v. Garland, No. 22-1739 (8th Cir. Aug. 21, 2023)wire fraud; 18 U.S.C. § 1343; aggravated identity theft; 18 U.S.C. § 1028A(c)(5); INA § 101(a)(43)(M)(i); circumstance specific approach; over $10,000; sentencing documents and burdens; plea colloquy; particularly serious crime; N-A-M- Deng v. Garland, No. 22-3621 (8th Cir. Aug. 25, 2023)CAT deferral; child soldier; South Sudan; hypothetical link in the chain; torture in prison; mental healthSponsors 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

IntroICE tweet!Breanna Cary shout out! - bcary.law@gmail.com Matter of J-G-R-, 28 I&N Dec. 733 (BIA 2023)CAT protection; under color of law; police uniforms; § 1983; official capacity; O-F-A-S-; Ninth Circuit difference USA v. Campos, No. 21-3524 (8th Cir. Aug. 15, 2023)controlled substance offense; Texas Health & Safety Code § 481.112; means vs. elements; attempted delivery; Ochoa-Salgado; federal attempt definition  Green v. Garland, No. 22-2335 (8th Cir. Aug. 16, 2023)crime of violence; INA § 101(a)(43)(F); Hobbs Act robbery; Taylor; § 212h) review notwithstanding Patel Malik v. DHS, No. 22-10772 (5th Cir. Aug. 17, 2023)with special guest Ira Kurzban!; border search; cell phone search; reasonable suspicion; injury  Kolov v. Garland, No. 22-3760 (6th Cir. Aug. 18, 2023)jurisdiction; final order of removal; Nasrallah; reviewability; Guzman-Chavez; withholding-only proceedings; omissions; adverse credibility  Aguayo v. Garland, No. 20-9651 (10th Cir. Aug. 18, 2023)termination; Matter of Garcia-Flores; prejudice; prolonged detention; egregious constitutional violation; regulatory violation 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  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

Helen Tarokic's T-Visa training link! Fonseca-Fonseca v. Garland, No. 20-71977 (9th Cir. Aug. 8, 2023)prima facie standard; Coelho; L-O-G-; reasonable likelihood; motion to reopen Garcia-Gonzalez v. Garland, No. 22-60501 (5th Cir. Aug. 7, 2023)ineffective assistance of counsel motion to reopen; prima facie eligibility; prejudice; sua sponte reopening; family based particular social groupSign Rekha's Lozada Petition! https://bit.ly/3FlDGeZ Yoc Esteban v. Garland, No. 22-1778 (1st Cir. Aug. 7, 2023)ineffective assistance of counsel motion to reopen; prima facie eligibility; prejudice; failure to specific particular social group Vila-Castro v. Garland, No. 21-2011 (1st Cir. Aug. 8, 2023)unable or unwilling; acquiesce; police inaction; American Popular Revolutionary Alliance (“APRA”); Peru Reyes-Corado v. Garland, No. 18-70225 (9th Cir. Aug. 11, 2023)changed country condition motion to reopen; reliance on affidavits; Guatemalan Civil War; family dispute; no need to file new asylum application Wojciechowicz v. Garland, No. 22-1086 (7th Cir. Aug. 8, 2023)Governor’s pardon; inadmissibility; statute vs. FAM; ICE ignoring stay; INA § 237(a)(2)(A)(vi) USA v. Cheboss, No. 22-2617 (8th Cir. Aug. 11, 2023)denaturalization; material misrepresentation; Maslenjak; materiality; INA § 101(f)(6); definition of testimony; false statement for someone else’s immigration benefit  USA v. Lopez, No. 21-12709 (11th Cir. Aug. 7, 2023)categorical approach and conspiracy offenses; CIMT; denaturalization; conspiracy to commit money laundering; 18 U.S.C. § 1956(h); divisibility; overbroad Indictment; 18 U.S.C. § 1956(a)(1)(B); 18 U.S.C. § 1957; base vile or depraved even if deceit; ZarateSponsors 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: @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

Mancia v. Garland, No. 22-1599 (1st Cir. Aug. 4, 2023)NACARA; sua sponte motion to reopen; suspension of deportation; failure to depart with voluntary departure Bazile v. Garland, No. 22-1767 (1st Cir. Aug. 4, 2023)venue; Matter of Garcia; completed proceedings; CAT deferral; Lavalas; Haiti Arostegui-Maldonado v. Garland, No. 22-9554 (10th Cir. Aug. 1, 2023)CAT; under color of law; final order of removal; Nasrallah; reviewability; withholding-only proceedings; application of law to facts; mixed question of law and fact; de novo review; O-F-A-S-; Costa Rica 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

Chen v. Garland, No. 19-715 (2d Cir. July 25, 2023) credibility; probative omission; trivial inconsistency; no requirement to list all persecution in asylum statement; supplemental rather than inconsistent; cultural context; totality of circumstances; de minimus inconsistency  Amador Duenas v. Garland, No. 18-71987 (9th Cir. July 27, 2023) Constitutionality of BIA members; Appointments Clause; Principal Officers; Inferior Officers  Diaz Mejia v. Garland, No. 21-2088 (7th Cir. July 27, 2023) failure to exhaust; waiver of argument  Cela v. Garland, No. 22-1322 (4th Cir. July 28, 2023) INA § 209 adjustment of status; asylee vs. refugee; termination of asylum status; Chevron deference; Matter of T-C-A-; statutory interpretation  Bouarfa v. DHS, No. 22-12429 (11th Cir. July 28, 2023) INA § 242(a)(2)(B)(ii); revocation of I-130 petition; INA § 204(c); discretion; jurisdiction  Clement v. U.S. Att’y Gen., No. 21-13382 (11th Cir. July 28, 2023)  forfeiture of judicial review; derivate citizenship; Equal Protection; final order; motion to withdraw appeal; Ng Fung Ho; waiver of constitutional right  Bekhbat v. Garland, No. 22-2379 (8th Cir. July 27, 2023) motion to reconsider; administrative closure; automatic termination of voluntary departure 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  Capital Good Fund"A social change organization that uses financial services to tackle poverty in America."CONTACT INFORMATIONEmail: kgregg@kktplaw.comFacebook: @immigrationreviewInstagram: @immigrationreviewTwitter: @immreviewRecent 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. Rivera (3d Cir. July 19, 2023)federal definition of marijuana; hempMartinez v. Clark, et al., No. 21-35023 (9th Cir. May 30, 2023)detention; dangerousness; jurisdiction; INA § 236 De Leon Resendiz v. Exxon Mobil Corp., No. 21-2211 (4th Cir. July 10, 2023)42 U.S.C. § 1981; discrimination; DACA; temporary employment; alienageSponsors 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  Capital Good Fund"A social change organization that uses financial services to tackle poverty in America."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

Links!!!!All about AILAAll about Jeremey All about FarshadJeremy's AILA Annual Conference 2023 SpeechFarshad's AILA Annual Conference 2023 SpeechSponsors 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 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

Chicas-Machado v. Garland, No. 21-1381 (4th Cir. July 13, 2023)nexus; religion; evangelical Christian; OIL concession re: unable or unwilling to control MS-13; El Salvador Trejo Tepas v. Garland, No. 22-1049 (4th Cir. July 10, 2023)pro se asylum; Quintero; claims processing and exhaustion; unaccompanied minor; Santos-Zacaria; gang violence; El Salvador Santos Garcia v. Garland, No. 22-1463 (4th Cir. July 11, 2023)family based particular social group; gender; beyond nuclear family; Mara 18; Rodriguez-Arias v. Whitaker and J-F-F-; causal chain; El Salvador Lazo-Gavidia v. Garland, No. 20-2306 (4th Cir. July 12, 2023)deficient NTA in absentia motion to reopen; INA § 239(a); failure to update address; presumption of delivery; issue exhaustion Sanchez v. Garland, No. 22-1815 (1st Cir. July 14, 2023)nexus; particular social group; wealthy Salvadoran businessmen; family; extortion  Argueta-Hernandez v. Garland, No. 22-60307 (5th Cir. July 10, 2023)untimely petition for review; withholding; final order; Bhaktibhai-Patel; Nasrallah Arroyo-Sosa v. Garland, No. 22-1334 (8th Cir. July 13, 2023)motion to reopen; reconsider; Coelho vs L-O-G-; asylum Thok v. Garland, No. 22-2508 (8th Cir. July 13, 2023)Neb. Rev. Stat. § 28-511.01; shoplifting; aggravated felony theft; § 101(a)(43)(G); appropriate; deprive; mens rea Paucar v. Garland, No. 21-6043 (2d Cir. July 12, 2023)ineffective assistance of counsel; Patel; prejudice; prima facie; reasonable probability; presumption that children will join parents; U visa; Sanchez Sosa; remand; CoelhoSponsors 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  Capital Good Fund"A social change organization that uses financial services to tackle poverty in America."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

Ullah v. Garland, No. 22-1026 (4th Cir. July 6, 2023)reasonable relocation; for the rest of one’s life standard; remand for a grant of asylum; family members left behind; Pro-American imputed political opinion; DHS burden; Pakistani Taliban; Pakistan Chen v. Garland, No. 21-1371 (4th Cir. July 6, 2023)corroboration; reasonableness of obtaining evidence; Wambura; threshold determination; otherwise credible; L-A-C-; one-year asylum deadline; changed circumstances; failure to consider evidence; State Department Reports; House Church; Christian; China Osorio-Morales v. Garland, No. 22-2909 (7th Cir. July 5, 2023)unable or unwilling; family violence; failure to report to police; police investigation; systemic failure to protect; Honduras Uriostegui-Teran v. Garland, No. 22-2472 (8th Cir. July 6, 2023) particularity; social distinction; particular social group; family group; ranchers; Mexico; willful blindness  Circuit HousekeepingNinth (Mendoza Linares v. Garland) and Eleventh Circuits United States v. Lung’aho, No. 22-3168 (8th Cir. July 6, 2023) and Janis v. United States, No. 22-2471 (8th Cir. July 6, 2023)crime of violence; arson; maliciously; malice; more than recklessness; post-Borden; mens rea; murder; malice aforethought; extreme recklessness Madrid-Mancia v. Att'y Gen. U.S., No. 21-2291 (3d Cir. July 3, 2023)deficient NTA in absentia motion to reopen; § 239(a); use of the word or; follow up notice of hearing; statutory interpretation; statute as a whole; failure to update addressSponsors 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  Capital Good Fund"A social change organization that uses financial services to tackle poverty in America."Want 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

United States v. Hansen, No. 22-179 (U.S. June 23, 2023)8 U.S.C. § 1324(a)(1)(A)(iv); First Amendment; freedom of speech; facial challenge; criminal solicitation; criminal facilitationFlores v.  Garland, No. 22-20419 (5th Cir. June 23, 2023)EB-2A; National Interest Waiver; I-140 Petitions; Matter of Dhanasar; INA § 242(a)(2)(B)(2)Cui v. Garland, No. 22-2177 (7th Cir. June 16, 2023)Adverse credibility; INA § 101(a)(42)(B); asylum; forced sterilization and abortionBrizuela v. Garland, No. 22-1738 (8th Cir. June 27, 2023)Due process; humanitarian parole; continuance; termination; past persecution; threats; Matter of Y-S-L-C; psychological harm; persecutory conductDin v. Garland, No. 21-6586 (2d Cir. June 30, 2023)Frivolous asylum application; notice requirement for frivolousness; INA § 208(d)(6); INA § 208(a)(2)(B); INA § 208(d)(4)(A); Matter of Y-L-; 8 C.F.R. § 1208.20(2008); 8 C.F.R. § 1208.3(c)(2); adjustment of status; INA § 242(a)(2)(B)(i); discretion; INA § 212(a)(9)B)(i)(II); INA § 212(i)(1); 8 C.F.R. § 1240.12(c) Park v. Garland, No. 21-70623 (9th Cir. June 29, 2023)Particularly serious crime; CHSC §§ 11370.1(a), 11351, 11352(a); Matter of Y-L-; withholding of removal; Protection under the Convention Against Torture; Chenery doctrine; torture; 8 C.F.R. § 1208.18(a)(3); lawful sanctions, prosecution, or punishment as torture; South Korea. Ramirez Munoz v. Garland, No. 21-70431 (9th Cir. June 26, 2023)INA § 212(a)(6)(C)(ii)(I); false claim to U.S. citizenship; inadmissibility; Matter of Richmond; adjustment of statusSponsors 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  Capital Good Fund"A social change organization that uses financial services to tackle poverty in America."DISCLAIMER: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