Immigration Review

Kevin A. Gregg, Esq. (kgregg@kktplaw.com)
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Dec 14, 2022 • 48min

Special Episode - Interview with John Khosravi about his many hats, and the Immigration Lawyers Toolbox!

 Links!All about John and his law firmImmigration Lawyers Toolbox homepageImmigration Lawyers Toolbox MagazineImmigration Lawyers PodcastRegister for the Conference!*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"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 host!More episodes!Case notes!Top 15 immigration podcast in the U.S.!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
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Dec 12, 2022 • 31min

Ep. 137 - Precedential Decisions from 12/5/2022 - 12/11/2022 (credibility; Bangladesh; memorizing testimony; suppression; Fourth Amendment; egregious violation; INA § 237(a)(2)(E)(i); categorical approach; statutory interpretation; agency deference)

Hasan-Nayem v. U.S. Att'y Gen., No. 21-12402 (11th Cir. Dec. 7, 2022)credibility; inconsistencies; omissions, demeanor; memorizing testimony; evasiveness; asylum; Liberal Democratic Party; Awami League; Bangladesh Matter of Mariscal-Hernandez, 28 I&N Dec. 666 (BIA Dec. 9, 2022)suppression; Fourth Amendment; egregious violation; Matter of Barcenas; termination; Pereira; I-213; probative evidence; INA § 287; 8 C.F.R. § 287 Diaz-Rodriguez v. Garland, No. 13-73719 (9th Cir. Dec. 8, 2022) (en banc)Cal. Penal Code § 273a(a); crime of child abuse, child neglect, or child abandonment; INA § 237(a)(2)(E)(i); categorical approach; statutory interpretation; agency deference; Chevron.*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"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 host!More episodes!Case notes!Top 15 immigration podcast in the U.S.!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 4.0Support the show
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Dec 5, 2022 • 41min

Ep. 136 - Precedential Decisions from 11/28/2022 - 12/4/2022 (vacate Lozada!; disbarment; approvable when filed - 245(i); affidavit of support; waiver of appeal; particularly serious crime; amount of loss; ineffective assistance of counsel)

Sign Rekha Sharma-Crawford's Matter of Lozada petition! https://bit.ly/3FlDGeZMatter of K. Gupta, 28 I&N Dec. 653 (BIA 2022)attorney suspension; disbarment; 8 C.F.R. § 1003.107; 8 C.F.R. § 1003.102(f)(1); American Bar Association standards; challenging Lozada! Matter of Triana, 28 I&N Dec. 659 (BIA 2022)INA § 245(i); meritorious in fact; approvable when filed; erroneous approval Song v. Garland, No. 18-2496 (4th Cir. Dec. 1, 2022)K-1 fiancé visa; affidavit of support; conditional permanent residence; I-864; Matter of Song; Chevron deference; Auer deference  Alexander-Mendoza v. Att'y Gen. U.S., No. 21-2322 (3d Cir. Dec. 2, 2022)knowing, intelligent, and voluntary waiver of appeal; right to appeal; pro se; substantial evidence; motion to reconsider; fundamental fairness Hammerschmidt v. Garland, No. 21-60462 (5th Cir. Nov. 18, 2022)particularly serious crime for withholding of removal; INA § 101(a)(43)(M)(i); amount of loss; restitution order; joint and several liability; fraud crimes Eneugwu v. Garland, No. 20-61162 (5th Cir. Dec. 1, 2022)ineffective assistance of counsel motion to reopen; equitable tolling; biometrics requirement; sua sponte jurisdiction *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"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 host!More episodes!Case notes!Top 15 immigration podcast in the U.S.!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 4.0Support the show
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Nov 28, 2022 • 47min

Ep. 135 - Precedential Decisions from 11/21/2022 - 11/27/2022 (CAT & under color of law; regulatory violations & fundamental rights; corroboration; past persecution; venue; jurisdiction; best interests of the child standard; habeas & prolonged detention)

Garcia-Aranda v. Garland, No. 18-2281 (2d Cir. Nov. 21, 2022)asylum; CAT; family membership; under color of law; public official; corrupt police; Mara 18; Honduras Gonzalez Aquino v. Att’y Gen. U.S., No. 21-3317 (3d Cir. Nov. 22, 2022)regulatory violation; fundamental right; prejudice; harmless error; exhaustion (low bar); CAT; Dominican Republic Adongafac v. Garland, No. 21-1800 (8th Cir. Nov. 21, 2022)venue; asylum; past persecution; corroboration; objective evidence; opportunity to explain; Anglophone Cameroon Gonzalez-Rivas v. Garland, No. 21-3364 (8th Cir. Nov. 23, 2022)Patel; jurisdiction; Guerrero Lasprilla; hardship standard; best interests of the child; mixed question of law and fact Rodriguez Diaz v. Garland, et al., No. 20-16245 (9th Cir. Nov. 21, 2022)detention; due process; INA § 236(a); Jennings v. Rodriguez; history of immigration detention in the Ninth Circuit; burdens; Matthews Test; detention post final order of removal*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"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 host!More episodes!Case notes!Top 15 immigration podcast in the U.S.!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 4.0Support the show
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Nov 21, 2022 • 38min

Ep. 134 - Precedential Decisions from 11/14/2022 - 11/20/2022 (termination; good moral character; DUIs; timely filings; crime of violence; change in law; equitable tolling; due diligence; jurisdiction; CAT deferral; Iraqi Chaldean Christians)

Matter of Coronado Acevedo, 28 I&N Dec. 648 (A.G. 2022)termination; Matter of S-O-G- & -F-D-B-; notice and comment rulemaking Llanas-Trejo v. Garland, No. 21-3770 (8th Cir. Nov. 16, 2022)non-LPR cancellation of removal; good moral character; multiple DUIs; Matter of Cartillo-Perez; presumption; hardship to non-qualifying relative; motion to reopen; Patel Santos-De Jimenez v. Garland, No. 21-1496 (4th Cir. Nov. 15, 2022)petition for review; INA § 242(b)(1); Federal Rule of Appellate Procedure 26(c); filing deadline Williams v. Garland, No. 20-1854 (4th Cir. Nov. 16, 2022)Virginia of assault and battery of a police officer, obstructing justice, disorderly conduct, failure to appear; Va. Code Ann. §§ 18.2-57(C), 18.2-460, 18.2-415, 19.2-128; motion to reconsider; equitable tolling; aggravated felony crime of violence; Johnson; Dimaya; jurisdiction; INA § 242(a)(2)(C); de novo standard of review; mixed question of law and fact Yousif v. Garland, No. 22-0243 (6th Cir. Nov. 16, 2022)CAT deferral; Chaldean Christian; long time U.S. residence; cumulative harm; unpublished BIA decisions; material change in country conditions; cumulative evidence; particularly serious crime and Matter of B-Z-R-; Iraq*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"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 host!More episodes!Case notes!Top 15 immigration podcast in the U.S.!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 4.0Support the show
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Nov 14, 2022 • 17min

Ep. 133 - Precedential Decisions from 11/1/2022 - 11/13/2022 (Welcome Capital Good Fund!; vacated criminal convictions; Matter of Thomas and Thompson; CIMT; petty offense exception; child endangerment; retroactivity; Matter of Cota-Vargas)

Zaragoza v. Garland, No. 19-3437 (7th Cir. Nov. 8, 2022)vacated criminal convictions; Matter of Thomas and Thompson; Indiana Code § 35-46-1-4(a)(2); CIMT; petty offense exception; child endangerment; realistic probability test; retroactive application; Matter of Cota-Vargas*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"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 host!More episodes!Case notes!Top 15 immigration podcast in the U.S.!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 4.0Support the show
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Nov 7, 2022 • 36min

Ep. 132 - Precedential Decisions from 10/31/2022 - 11/6/2022 (deficient NTA in absentia motion to reopen; corroboration; nexus: withholding & Matter of C-T-L-, family groups; particularly serious crime; mental health)

Laparra-Deleon v. Garland, No. 22-1081 (1st Cir. Nov. 4, 2022)deficient NTA in absentia motion to reopen; Matter of Laparra; notice of hearing; definition of the word “change”; Zombie precedent Pinel-Gomez v. Garland, No. 19-3124 (2d Cir. Nov. 2, 2022)corroboration; standard of review; factual question; finding of fact; reasonably available evidence; REAL ID Act Quituizaca v. Garland, No. 19-3470 (2d Cir. Nov. 1, 2022)asylum; withholding; nexus; indigenous ethnicity; Matter of C-T-L-; one central reason; a reason; statutory text Madrid-Montoya v. Garland, No. 20-2072 (4th Cir. Oct. 31, 2022) nexus; family group; land dispute; timing of threats; narcotraffickers; Honduras Coreas-Chavez v. Garland, No. 21-2900 (8th Cir. Nov. 1, 2022)asylum; motion to reconsider; Matter of Fernandes; extortion; gangs; El Salvador Hernandez v. Garland, No. 20-72138 (9th Cir. Oct. 31, 2022)particularly serious crime; I-213 reliability; Alcaraz-Enriquez; right to cross-examine police and DHS; schizophrenia; mental health; CAT; government acquiescence; aggregating risk; 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 host!More episodes!Case notes!Top 15 immigration podcast in the U.S.!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
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Oct 31, 2022 • 30min

Ep. 131 - Precedential Decisions from 10/24/2022 - 10/30/2022 (Colorado definition of marijuana; jurisdiction following reinstatement; jurisdiction for credible fear review; constitutional rights; particular social group s in El Salvador)

Zapata-Chacon v. Garland, No. 20-9645 (10th Cir. Oct. 25, 2022)Colorado definition of marijuana; motion to reconsider and terminate; definition of review; definition of relief; INA § 241(a)(5); jurisdiction; 28J letter Morales v. Garland, No. 20-1305 (4th Cir. Oct. 24, 2022) particular social group; witnesses to gang crime; women unable to leave their domestic relationship; family; particularity; social distinction; nexus; exhaustion; El Salvador Guevara-Fabian v. Garland, No. 20-60627 (5th Cir. Oct. 25, 2022)asylum; particular social group; family group; nexus; extortion; El Salvador Mendoza-Linares v. Garland, No. 20-71582 (9th Cir. Oct. 24, 2022)arriving alien; credible fear review; reasonable fear; Thuraissigiam; Transit Bar; INA § 242(e); constitutional claims; constitutional rights; due process INA § 242(d); nondelegation doctrine*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 host!More episodes!Case notes!Top 15 immigration podcast in the U.S.!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
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Oct 24, 2022 • 42min

Ep. 130 - Precedential Decisions from 10/17/2022 - 10/23/2022 (withholding of removal; imputed gang member; CAT protection - government actors, gang-police officers, legislative history, under color of law standard, and willful blindness; credibility)

Chavez v. Garland, No. 21-1267 (1st Cir. Oct. 21, 2022)withholding of removal; imputed political opinion; imputed particular social group; imputed gang member; Matter of E-A-G-; Chevron Step 2; CAT; willful blindness; MS-13; El Salvador H.H. v. Garland, No. 21-1150 (1st Cir. Oct. 21, 2022)CAT protection; acquiescence; willful blindness test; mixed question of law and fact; experts; Matter of S-V-; CAT regulations; legislative history; private actors as government actors; under color of law; Fourteenth Amendment; MS-13; El Salvador; Honduras Dong v. Garland, No. 16-70543 (9th Cir. Oct. 19, 2022)credibility; omission; inconsistency between written statement and testimony; interrogation; demeanor; household registration document De Leon Lopez v. Garland, No. 20-71529 (9th Cir. Oct. 21, 2022)CAT; government acquiescence; agency deference; speculation; substantial evidence; relocation; government actor; police officers as gang members; 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"Want to become a patron?Click here to check out our Patreon Page!CONTACT INFORMATIONEmail: kgregg@kktplaw.comFacebook: @immigrationreviewInstagram: @immigrationreviewTwitter: @immreviewAbout your host!More episodes!Case notes!Top 15 immigration podcast in the U.S.!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
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Oct 17, 2022 • 28min

Ep. 129 - Precedential Decisions from 10/10/2022 - 10/16/2022 (en banc; deficient NTA; venue; stay of removal; adjustment of status; discretion; mens rea; aggravated felony theft offense; permissive inference by a jury; realistic probability test)

Singh v. Garland, No. 20-70050 (9th Cir. Oct. 12, 2022)en banc challenge; in absentia motion to reopen; deficient NTA; statutory interpretation; Rodriguez; Laparra Sarr v. Garland, No. 20-3836 (2d Cir. Oct. 12, 2022)venue; jurisdiction; stay of removal; INA § 242(b)(2) Moreno v. Garland, No. 21-1237 (1st Cir. Oct. 14, 2022)adjustment of status; INA § 245(a); discretion; motion to remand; new evidence; jurisdiction  Baghdad v. Att'y Gen. U.S., No. 21-2094 (3d Cir. Oct. 11, 2022)mens rea; mental state; aggravated felony theft offense; retail theft under 18 Pa. Cons. Stat. § 3929(a)(1); permissive inference by a jury; 18 Pa. Cons. Stat. § 3929(c); use of the word “shall”; realistic probability test*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 host!More episodes!Case notes!Top 15 immigration podcast in the U.S.!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

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