Immigration Review

United States v. Texas, No. 22-58 (U.S. June 23, 2023)State standing to challenge Executive action; prosecutorial discretion; redressability; historical analysis  Pugin v. Garland, No. 22-23 (U.S. June 22, 2023)relating to obstruction of justice; INA § 101(a)(43)(S); aggravated felony; relating to; dictionaries; Congressional intent Figueroa Ochoa v. Garland, No. 20-72510 (9th Cir. June 20, 2023)INA 242(a)(2)(B)(i); Patel; non-LPR cancellation; vacated conviction; continuance; question of fact; Kucana; motion to remand Giron-Molina v. Garland, No. 22-6243 (2d Cir. June 20, 2023)CIMT; Arkansas Code Ann. § 5-60-101; reprehensible conduct; abuse of a corpse; realistic probability test; divisibility  A.G. v. Garland, No. 22-1499 (4th Cir. June 23, 2023)nexus; family membership; extortion; gang recruitment; harm to applicant rather than family; ignoring testimony; revenge killing; CAT; failure to report to police; MS-13; El Salvador Farnum v. Garland, No. 22-9526 (10th Cir. June 21, 2023)frivolous asylum filing; INA § 208(d)(6); 8 C.F.R. § 1208.20(a); regulatory interpretation; final agency decisionSponsors 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

Dubin v. United States, No. 22-10 (U.S. June 12, 2023)identity theft; use; in relation to; statutory titles; “aggravated”; statutory interpretation; over-criminalization  Odei v. Garland, No. 21-1315 (1st Cir. June 15, 2023)denial of freedom;  withholding of removal; nexus; taking land; Chieftain; Ghana Alexandre-Matias v. Garland, No. 21-60798 (5th Cir. June 13, 2023)in absentia motion to reopen; due process; I-213; failure to file NTA; claims processing rule Medina Carreon v. Garland, No. 21-60391 (5th Cir. June 15, 2023)temporary BIA member; ultra vires; 8 C.F.R. § 1003.1(a)(4); improper appointment of Acting Attorney General; cock fighting; good moral character; Castillo Perez Medley v. Garland, No. 20-3079 (2d Cir. June 15, 2023)ICE arrest; egregious regulatory or constitutional violation; termination with prejudice where removability established King v. Garland, No. 22-2166 (8th Cir. June 14, 2023)INA § 212(h) waiver; jurisdiction; reweighing evidence; Patel Zongo v. Garland, No. 21-3847 (8th Cir. June 16, 2023)credibility; affidavit inconsistencies; Burkina Faso; exhaustion  Rincon Barbosa v. Garland, No. 22-1655 (8th Cir. June 14, 2023)divisibility; modified categorical approach; jury instructions; Kan. Stat. Ann. § 21-5706(a); same punishment; Kansas definition of methamphetamine 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."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

USA v. Laines (CA11)Chamu; isomer Koonwaiyou v. Blinken, No. 22-35233 (9th Cir. June 7, 2023)Nationals; American Samoa; 8 U.S.C. § 1408; uncodified statutes; legislative intent; temporarily limiting language; presumption against retroactivity Rodriguez-Zuniga v. Garland, No. 19-72024 (9th Cir. June 7, 2023)extortion plus; asylum; Ayala; Guatemalan women; nexus; robbery; gang Arizmendi-Medina v. Garland, No. 21-298 (9th Cir. June 7, 2023)due process; asylum filing deadlines; window filing; continuance; abuse of discretion  Zhovtonizhko v. Garland, No. 21-584 (9th Cir. June 7, 2023)Wash. Rev. Code § 46.61.024; CIMT; Ruiz-Lopez; attempting to elude police; reckless manner Ponce v. Garland, No. 21-60530 (5th Cir. June 9, 2023)Tex. Pen. Code § 22.04(a); injury to a child; crime of child abuse; realistic probability Pacheco-Moran v. Garland, No. 21-3779 (8th Cir. June 5, 2023)asylum; one year deadline; married gay men in Mexico; INA § 208(a)(3); Guerrero-Lasprilla; anti-Catholic; continuance; U-visa certificationSponsors 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

Portillo v. DHS, No. 22-1383 (1st Cir. May 30, 2023)firearms offense; INA § 237(a)(2)(C); defacing or receiving a firearm with a defaced serial number in violation of Mass. Gen. Law ch. 269, § 11C; realistic probability test; affirmative defense Khan v. Garland, No. 21-60146 (5th Cir. May 30, 2023)receipt of stole property; INA § 101(a)(43)(G); 18 Pa. Cons. Stat. § 3925(a); mens rea; use of the word alien Granados Arias v. Garland, No. 22-2148 (7th Cir. May 31, 2023)extortion; well-founded fear; nexus; nexus for withholding; harmless error; family living safely in country; Mara 18; El Salvador Salgado v. Garland, No. 21-1864 (4th Cir. May 31, 2023)untimely petition for review; final order of removal; finality of decision when matter is remanded for consideration of voluntary departure; 30 day jurisdictional requirement Nivelo Cardenas v. Garland, No. 20-60778 (5th Cir. June 2, 2023)deficient NTA; no-notice motion to reopen; in absentia; misspelled address; challenging presumption of regularity; rule of orderliness with deference to panel decisions; government misrepresentation in NTASponsors 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 inSupport the show

Patron Shout Out!, USA v. Brooks (CA10), and § 1326 (CA 9)crime of violence; Oklahoma assault and battery; § 1326 totes not racist Matter of Pougatchev, 28 I&N Dec. 719 (BIA 2023)aggravated felony; theft or burglary offense under INA § 101(a)(43)(G); crime of violence under INA § 101(a)(43)(F); second degree burglary in violation of N.Y. Penal Law § 140.25(1)(d); means vs. elements; building; inherent violence; BIA deciding legal issue undecided by IJ; display a weaponSponsors 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

Mukantagara v. DHS, No. 21-4144 (10th Cir May 16, 2023)Zipper Clause; INA § 242(b)(9); termination of asylum status; Rwanda genocide  USA v. Harris, No. 17-1861 (3d Cir. May 17, 2023) and USA v. Jenkins, No. 18-2222 (3d Cir. May 18, 2023) Borden; recklessness; omission; violent force; first degree aggravated assault; robbery; Pennsylvania; 18 Pa. Cons. Stat. § 2702(a)(1); second-degree aggravated assault of a protected individual in violation of 18 Pa. Cons. Stat. § 2702(a)(3); realistic probability test Ruiz v. U.S. Att’y Gen., No. 22-10445 (11th Cir. May 18, 2023)VAWA cancellation of removal; definition of extreme cruelty; Patel; reviewable hardship determination; no requirement for physical abuse; INA § 103(a)(1); quintessential question of law 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."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

Santos-Zacaria v. Garland, No. 21-1436 (U.S. May 11, 2023)exhaustion of administrative remedies; INA § 242(d)(1); jurisdiction; statutory scheme as a whole; Congressional language in the INA; claims processing rule; remedy of right Banuelos-Jimenez v. Garland, No. 23-0097 (6th Cir. May 10, 2023)crime of violence; Borden; threatened use of force; apprehension of imminent physical injury; third-degree assault on a family or household member, Ark. Code Ann. § 5-26-309; state legislative intent Ishmael v. Att'y Gen. U.S., No. 21-2563 (3d Cir. May 11, 2023)visa waiver program; reopened asylum only proceedings; terminating asylum status; entrance into the U.S. as an asylee Mendez Esteban v. Garland, No. 22-1215 (1st Cir. May 11, 2023)DHS burden to establish fundamental change in circumstances; persuasiveness of State Department report; power of political party when not in power; local government; asylum; “generally free and fair”; family members living safely; Lider party; 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"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

Matter of Morales-Morales, 28 I&N Dec. 714 (BIA 2023)8 C.F.R. § 1003.38(c); Matter of Liadov; untimely notice of appeal; claims processing rule; equitable tollingRangel Perez v. Garland, No. 22-60074 (5th Cir. May 2, 2023) Patel; non-LPR cancellation of removal; hardship review; motion to remand; application of legal standard to undisputed facts Oxlaj v. Garland, No. 22-1734 (8th Cir. May 3, 2023) particular social group; particularity; social distinction; witnesses who cooperate with law enforcement; Guatemala Turcios-Flores v. Garland, No. 22-3325 (6th Cir. May 5, 2023)particular social group; immutability; Honduran landownership; fundamental characteristic; single mothers in Honduras; social distinction; police protection; BIA cleaning up factual finding of IJ; one central reason vs. A reason; nexus; extortion; Honduran governmentSponsors 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 4.0Support the show

Matter of Cancinos-Mancio, 28 I&N Dec. 708 (BIA 2023) modified categorical approach; reviewable documents; plea colloquy; crime of violence; Ariz. Rev. State § 13-1204(A)(2)  Cortez-Amador v. Att'y Gen. U.S., No. 22-1249 (3d Cir. Apr. 25, 2023) Special Immigrant Juvenile Status; SIJS; INA § 245(h); admission or parole; Patel; jurisdiction; death threats; Guatemala  Reese v. Garland, No. 22-6011 (5th Cir. Apr. 24, 2023) visa fraud; 18 U.S.C. § 1546(a); INA § 237(a)(1)(H) waiver; INA § 237(a)(3)(B)(iii); due process; family unity Caldera-Torres v. Garland, No. 22-2282 (7th Cir. Apr. 27, 2023) crime of domestic violence; INA § 237(a)(2)(E)(i); Wis. Stat. § 940.19(1); circumstance specific approach; Pereida; domestic abuse surcharge; burdens  Somers v. USA, No. 19-1484 (11th Cir. Apr. 25, 2023) Borden; crime of violence; recklessness; Fla. Stat. § 784.021; Fla. St. 784.011(1); violent force; Florida Supreme Court decisions  Kerr v. Garland, No. 21-2074 (4th Cir. Apr. 24, 2023) CAT; aggregate risk of torture; compounding effect of harms; LGBTQ; former gang members; Jamaica  Santos Garcia v. Garland, No. 22-1535 (1st Cir. Apr. 28, 2023) asylum; persecution; death threats; Lider Party; Guatemala  Sharma v. Garland, No. 22-1496 (1st Cir. Apr. 28, 2023) derivative citizenship; former INA § 321(a); objective manifestation; Zombie Precedent; Nwozuzu; Cheneau 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."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

Sign Rekha Sharma-Crawford’s Matter of Lozada petition!https://bit.ly/3FlDGeZHernandez v. Jaddou, No. 22-20325 (5th Cir. Apr. 16, 2023)TPS; arriving alien; advance parole; USCIS jurisdiction; PateHernandez v. Garland, No. 19-2044 (2d Cir. Apr. 21, 2023)cancellation of removal; criminal convictions; BIA administrative notice of facts not reasonably in dispute; de novo review of discretion; BIA statements regarding standard of reviewSponsors 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