Immigration Review

Malets v. Garland, No. 19-4216 (2d Cir. Apr. 14, 2023)credibility; Matter of Y-I-M-; corroboration; Zombie Precedent; remand despite deference; omissions; fraudulent passports and asylum; trivial inconsistency; immaterial inconsistency; IJ characterization of inconsistency; live testimony; Ukraine Mejia Vega v. USCIS, et al., No. 16-56795 (9th Cir. Apr. 14, 2023)U visa waivers; federal court jurisdiction; INA § 242(a)(2)(B)(ii); discretionary determinations; INA § 212(d)(3)(A)(ii); Kucana; FRCP 12(b)(1); Matter of Hranka Doyduk v. Att’y Gen. U.S., No. 21-3333 (3d Cir. Apr. 14, 2023)expungement; discretion; 18 Pa. C.S. § 9122(a)(1); legal challenge; Patel; discretion; adjustment of status; Matter of Arreguin; arrest reports; use of the word “the” Alzaben v. Garland, No. 22-1561 (1st Cir. Apr. 14, 2023)conditional LPR; waiver of joint filing requirement; bonafide marriage; Patel; discretion; mixed question of law and fact; infidelity  City of South Miami v. Florida Immigrant Coalition, Inc., et al., No. 21-13657 (11th Cir. Apr. 13, 2023)organizational standing; Ron DeSantis immigration policies; concrete injurySponsors 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

Ayanian v. Garland, No. 16-70809 (9th Cir. Apr. 3, 2023)motion to reopen; stay of appellate proceedings; mediation; adjustment of status and immigration process; preference categories; Armenia Andrade-Prado, Jr. v. Garland, No. 20-1913 (1st Cir. Apr. 4, 2023)aggravated felony; foreign conviction; fundamental fairness; travesty of justice; hearsay; particularly serious crime; biased judges; Brazil United States v. Henderson, No. 18-1894 (3rd Cir. Mar. 29, 2023)Pennsylvania robbery; mens rea; violent force; conspiracy; crime of violence Tobar v. Garland, No. 21-60875 (5th Cir. Apr. 7, 2023)TPS; brief, casual, and innocent trip abroad; continuous residence; short duration; 8 C.F.R. § 1244.1 Elldakli v. Garland, No. 22-20344 (5th Cir. Apr. 4, 2023)APA; Declaratory Judgment Act; Patel; jurisdiction; adjustment of status; final agency action; exhaustion of administrative remedies Ponce Flores v. Garland, No. 21-10600 (11th Cir. Apr. 5, 2023)motion to remand; Patel; ineffective assistance of counsel; Lozada; due process right to discretionary relief; right to counselSponsors 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

Nkenglefac v. Garland,  No. 19-60647 (5th Cir. Mar. 28, 2023) Equal Access to Justice Act (EAJA); substantially justified; evidence not in record; adverse credibility; paralegal fees Garcia v. Garland, No. 20-1641 (2d Cir. Mar. 31, 2023) administrative closure; deference to the Attorney General; Castro-Tum; Cruz Valdez; regulatory interpretation; ambiguity; retroactive effect United States v. Williams, No. 20-7131 (4th Cir. Mar. 27, 2023) crime of violence; sodomy-threat theory; Va. Code § 18.2-58; deference to state supreme court; U.S. v. Eldridge (CA2); kidnapping in violation of N.Y. Pen. Law § 135.20; USA v. Huerta-Rodriguez (CA5); INA § 101(a)(43)(O)  Khalulyan v. Garland, No. 21-70909 (9th Cir. Mar. 30, 2023) INA § 101(a)(43)(M)(i); § 101(a)(43)(U); loss over $10,000; sentence enhancement consideration; 18 U.S.C. § 1029(b)(2); credit card skimming; circumstance specific; conspiracy; potential loss; restitution  Al-Adily v. Garland, No. 22-3432 (6th Cir. Mar. 30, 2023) Mich. Comp. Laws § 750.362a(3)(a); INA § 101(a)(43)(M)(i); loss over $10,000; restitution in Michigan ; circumstance specific; clear and convincing evidence;  rental car agreement; punishment Alfred v. Garland, No. 19-72903 (9th Cir. Mar. 30, 2023) (en banc) U.S. v. Valdivia Flores; INA § 101(a)(43)(G); categorical approach; federal generic accomplice liability; robbery in violation of Wash. Rev. Code § 9A.56.190; state survey; Duenas-Alvarez; example of indivisible mens reaSponsors 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

All about Ilyce Shugall:Immigrant Legal Defense and Bio: here Op-Ed with the LA Times: Why I resigned as an immigration judge Get involved with the ABA Commission on Immigration!: hereSponsors 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

Matter of Garcia, 28 I&N Dec. 693 (BIA 2023)venue; forum; choice of law; Auer; regulatory interpretation; INA § 242(b)(2); 8 C.F.R. § 1003.14(a); 8 C.F.R. § 1003.20(a); hardship challenge; arbitrary and capricious; comparing hardship case to other cases U.S. v. Alas, No. 22-4193 (4th Cir. Mar. 24, 2023)illegal reentry; 8 U.S.C. § 1326; malicious wounding in violation of VA Code § 18.2-51; statute of limitations; § 287(g) agreements; challenging state court police immigration arrest; aggravated felony crime of violence; BordenSponsors 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

Abuzeid v. Mayorkas, No. 21-5002 (D.C. Cir. Mar. 17, 2023)Patel; jurisdiction to review APA challenge of USCIS adjustment of status denial Kong v. U.S., No. 21-1319 (1st Cir. Mar. 15, 2023)Federal Tort Claims Act; FTCA; unlawful detention; repatriation agreement; INA § 242(g); habeas; Reno v. American-Arab Anti-Discrimination Committee; reasonably foreseeable; 8 C.F.R. § 241.13(i)(2); Cambodia Garcia-Pascual v. Garland, No. 20-2529 (8th Cir. Mar. 14, 2023)non-LPR cancellation; hardship; Patel; mixed question of law and fact USA v. Heard, No. 22-1380 (8th Cir. Mar. 16, 2023)MDMA; overbroad controlled substance; Minnesota Rules, pt 6800.4210; isomers; realistic probability test Gutierrez-Alm v. Garland, No. 17-71012 (9th Cir. Mar. 15, 2023)deficient Order to Show Cause; suspension; stop-time rule; withholding, CAT protection; family members of political dissidents; suspected gang members; social distinction; Sandinista; Nicaragua  Umana-Escobar v. Garland, No. 19-70964 (9th Cir. Mar. 17, 2023)de novo; questions of law; nexus; administrative closure; family members hiding 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 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. Morris, No. 16-6-cr (2d Cir. Mar. 7, 2023)Hobbs Act robbery; 18 U.S.C. § 924(c)(3)(A); crime of violence; attempt; 18 U.S.C. § 1959(a)(3); N.Y. Penal Law § 120.05(2); N.Y. Penal Law § 120.10(1); VICAR assault; violent force; factual bases for plea in New York and Connecticut; categorical approachSponsors 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

AILA v. EOIR!WebEx hearingsZamaro-Silverio v. Garland, No. 21-60324 (5th Cir. Feb. 23, 2023) CIMT; Texas Transportation Code § 550.021; Mathis; hit and run; Garcia-Maldonado v. Gonzales; implicit overrule of precedent; overbreadth based on statutory text alone  Ayala Chapa v. Garland, No. 21-60039 (5th Cir. Feb. 20, 2023) non-LPR cancellation; jurisdiction; Patel standards for discretion; temporary BIA member; Santos Zacaria; procedural error; weighing of facts; reconsideration requirement  Rodriguez Gonzalez v. Garland, No. 22-60091 (5th Cir. Mar. 3, 2023) Texas aggravated robbery under Texas Penal Code § 29.03(a)(2); aggravated felony theft offense; INA § 101(a)(43)(G); crime of violence; 18 U.S.C. § 16(a); CAT deferral; corrupt police; Mexico  *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

Capital Good Fund Information:Website: here Andy's email: andy@capitalgoodfund.org FAQ Page: here Media AILA.orgNextCity.gov Andy's award-nominated immigration poem: The Machinery of the State *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: @immreview About your host!More episodes!Case notes!Top 15 immigration podcast in the U.S.!Recent criminal-immigration article (p.18)!Featured in San Diego Voyager!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

Harbin v. Sessions, 860 F.3d 58 (2d Cir. 2017) drug trafficking aggravated felony; INA § 101(a)(43)(B); categorical approach; divisibility; NYPL § 220.31; controlled substance list; NYPL § 220.00(5); criminal sentence; double jeopardy; jury instructions as last resort; "specify" USA v. Brasby, No. 21-1537 (3d Cir. Feb. 23, 2023) N.J. Stat. Ann. § 2C:12-1(b)(1); extreme recklessness; crime of violence; Borden; mens rea divisibility in New Jersey; multidistrict analysis *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