Immigration Review

Munoz v. DOS, et al., No. 21-55365 (9th Cir. Oct. 5, 2022)doctrine of consular nonreviewability; Immigrant Visa; tattoos; facially legitimate bonafide reason; timely notification; Due Process Cordero-Chavez v. Garland, No. 21-60370 (5th Cir. Oct. 4, 2022)credibility; CAT protection; inconsistency; CAT box; waiver of CAT claim; Eduard v. Ashcroft Ndifon v. Garland, No. 20-60997 (5th Cir. Oct. 4, 2022)CAT protection notwithstanding adverse credibility finding; failure to consider evidence; Anglophone; Cameroon Cante-Lopez v. Garland, No. 21-1922 (1st. Cir. Oct. 5, 2022)exhaustion; failure to make argument; pro se; severity of harm; family membership; BIA decision without opinion; Guatemala Dorce v. Garland, No. 21-1336 (1st Cir. Oct. 3, 2022)due process; prejudice; notice of hearing; likely to affect; LPR cancellation of removal; criminal history Reyes-Batista v. Garland, No. 21-1111 (1st Cir. Oct. 7, 2022)former INA § 212(c) relief; nunc pro tunc; imputed domicile; equitable estoppel; affirmative misconduct Matter of Bador, 28 I&N Dec. 638 (BIA 2022)INA § 237(a)(1)(H) waiver; conditional permanent resident; INA § 216(c)(4)(B); I-751; Vasquez v. Holder; bonafide marriage*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

Lara-Garcia v. Garland, No. 20-71703 (9th Cir. Sept. 26, 2022)motion to reopen; vacated conviction; Cardoso-Tlaseca; simple possession of drugs; Federal First Offender’s Act (FFOA); Lujan-Armendariz; sua sponte; CIMT – Cal. Pen. Code § 459, misdemeanor burglary; Cal. Pen. Code § 496(a), misdemeanor receipt of stolen property; Cal. Health and Safety Code § 11364(a), misdemeanor possession of drug paraphernalia De La Rosa-Rodriguez v. Garland, No. 20-71923 (9th Cir. Sept. 27, 2022)Non-LPR cancellation of removal; jurisdiction; Patel; mixed question of law and fact  Ruiz-Perez v. Garland, No. 20-61133 (5th Cir. Sept. 30, 2022)reinstatement; VAWA cancellation of removal; Nasrallah; Guzman Chavez*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

September 2022 Patron Shout Out!Derrick UpchurchBreanna CaryNenad MilosevicYuna E. ScottLorraine MarteSusan GreggMichelle M. Marty RiveraPablo RodriguezDave BurtonFola OlumbunmiKumar v. Garland, No. 20-60712 (5th Cir. Sept. 21, 2022)exhaustion; due process; asylum; past persecution; government actor; BJP; India*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

Singh v. Garland, No. 20-72806 (9th Cir. Sept. 14, 2022)past persecution; serious harm; death threats alone; fleeing home; age of victim for persecution; Shiromani Akali Dal Party (Mann Party); India Martinez Roman v. Garland, No. 20-3476 (2d Cir. Sept. 15, 2022)continuances; non-LPR cancellation of removal; exceptional and extremely unusual hardship; psychological expert; live testimony; duplicative testimony; duty to develop the record; Mexico Freza v. Att’y Gen. U.S., No. 21-2259 (3d Cir. Sept. 15, 2022)continuances; due process; no need to establish prejudice; regulatory violation; potential for prejudice; termination for regulatory violation; CAT deferral *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

Intro + Hernandez Avilez v. Garland, No. 20-16142 (9th Cir. Sept. 8, 2022) (detention)Rodriguez De Palucho v. Garland, No. 22-0212 (6th Cir. Sept. 9, 2022)asylum; unable or unwilling to control private actors; extortion; rent; MS-13; El Salvador Agustin-Matias v. Garland, No. 21-60288 (5th Cir. Sept. 9, 2022)non-LPR cancellation of removal; qualifying relative; evidentiary burden; U.S. citizenship  Lopez v. Att'y Gen. U.S., No. 21-1490 (3d Cir. Sept. 9, 2022)NACARA; INA § 212(h) waiver; statutory interpretation; Congressional intent*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

Gonzalez-Castillo v. Garland, No. 21-70112 (9th Cir. Aug. 31, 2022) ·       Interpol Red Notice; Article 13 of the Salvadoran Code; MS-13; serious reason to believe; serious nonpolitical crime; probable cause; burdens; Matter of W-E-R-B-; Salvadoran Art. 13; MS-13; IJ duty to develop the record Romero-Millan v. Garland, No. 16-73915 (9th Cir. Aug. 29, 2022) ·       law relating to a controlled substance; categorical approach; divisibility; certification; Arizona; A.R.S. § 13-3415; drug paraphernalia; A.R.S.§ 13-3408(A)(2); drug possession for sale Singh v. Garland, No. 19-73107 (9th Cir. Aug. 30, 2022) ·       changed country condition motion to reopen; credibility; Matter of F-S-N-; establish identity; Sikh; Mann Party; India  Casas v. Garland, No. 20-1739 (7th Cir. Aug. 29, 2022) ·       Reinstatement; reasonable fear interview; regulatory notice requirements; intent to reinstate; kidnapping; Mexico  Domingo-Mendez v. Garland, No, 21-1029 (1st Cir. Aug. 31, 2022) ·       non-LPR cancellation of removal; exceptional and extremely unusual hardship; clear error review; Guatemala Parada v. Garland, No. 19-60425 (5th Cir. Sept. 1, 2022) ·       Deficient NTA; stop time rule; motion to reopen; non-LPR cancellation 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"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

Vurimindi v. Att'y Gen. U.S., No. 19-1848 (3d Cir. Aug. 24, 2022)stalking in violation of 18 Pa. Stat. and Cons. Stat. § 2709.1(a)(1); divisibility; mens rea; INA § 237(a)(2)(E)(i); means vs. elements; intent; “demonstrate”; Pennsylvania jury instructions  Rivera-Medrano v. Garland, No. 20-1667 (1st Cir. Aug. 26, 2022)motion to remand; credibility; Matter of F-S-N-; expert psychological opinion; PTSD; memory issues; recollection of children; childhood trauma; credible and reasonable fear interview transcripts; border interviews; El Salvador*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

Cordero-Garcia v. Garland, No. 19-72779 (9th Cir. Aug. 15, 2022)INA § 101(a)(43)(S), obstruction of justice; Valenzuela Gallardo; Cal. Pen. Code § 136.1(b)(1); Matter of Cordero-Garcia; realistic probability; Zombie alert! Ballinas-Lucero v. Garland, No. 17-73260 (9th Cir. Aug. 15, 2022)vacated convictions; Cal. Pen. Code § 1018; cancellation; Pereida; burdens; Thomas and Thompson Matter of V-A-K-, 28 I&N Dec. 630 (BIA 2022)N.Y. Pen. Law §§ 110.00 and 140.25(2); attempted burglary; INA §§ 101(a)(43)(U), (G); dwelling; overnight accommodation; violence; Sitt; Quarles Garcia Sarmiento v. Garland, No. 20-1679 (1st Cir. Aug. 17, 2022)reinstatement; withholding only proceedings; motion to reopen; time deadlines; jurisdiction; Honduras Tantchev v. Garland, No. 22-0195 (6th Cir. Aug. 19, 2022)receipt of stolen property aggravated felony; INA § 101(a)(43)(G); exporting stolen vehicles; 18 U.S.C. § 553; Matter of Daeng; willful blindness; reason to believe; knowledge Dor v. Garland, No. 20-1694 (1st Cir. Aug. 19, 2022)particularly serious crime; BIA’s failure to conduct analysis; Frentescu; criminal-alien bar; exhaustion; small amount of marijuana Al-Masaudi v. Garland, No. 21-2166 (8th Cir. Aug. 15, 2022)crime of child abuse; INA § 237(a)(2)(E)(i); Neb. Rev. Stat. § 28-707(1); Velazquez-Herrera; particularly serious crime; harm to persons; CAT deferral; criminal deportees; Iraq Estrada-Cardona v. Garland, No. 21-9562 (10th Cir. Aug. 17, 2022)in absentia motion to reopen; deficient NTA; statutory interpretation; sua sponte; equitable tolling; physical removal; reasoned decision making Dragomirescu v. U.S. Att'y Gen., No. 20-13705 (11th Cir. Aug. 16, 2022)in absentia motion to reopen; no notice; failure to update address; Matter of M-R-A-; presumptions; affidavits; deficient NTAWant 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

Tinoco Acevedo v. Garland, No. 20-2048 (4th Cir. Aug. 11, 2022)IJ bias; belittle; due process; Matter of Y-S-L-C-; lack of fluency in English; relying on evidence not in the record K.Y. v. U.S. Att'y Gen., No. 21-10271 (11th Cir. Aug. 9, 2022)particularly serious crime; asylum; transgender woman; extortion; issue exhaustion; discretionary findings and jurisdiction; Guyana Keta v. Garland, No. 21-3243 (8th Cir. Aug. 10. 2022)deferral; Kunama interpreter; CAT grant despite adverse credibility; reversing IJ; IJ Practice Manual; impeachment evidence; Eritrea Mohamed v. Garland, No. 21-2309 (8th Cir. Aug. 10. 2022)withholding; corroboration; musicians; Western values; clans; dancing with naked women; collateral estoppel; law of the case; reversing IJ; religion; Somalia*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

Sorto-Guzman v. Garland, No. 20-1762 (4th Cir. Aug. 3, 2022)single death threat; persecution; question of law; Catholic religion; burdens; Mara 18; El SalvadorGutierrez-Vargas v. Garland, No. 21-3520 (8th Cir. Aug. 1, 2022)particularly serious crime; reweighing evidence; crimes against persons; INA § 242(a)(2)(C); CAT deferral; dismemberment; Zetas; Mexico Perez-Camacho v. Garland, No. 19-72063 (9th Cir. Aug. 1, 2022)motion to reopen; modified convictions; sua sponte; gross miscarriage of justice; tolling; diligence  Troncoso-Oviedo v. Garland, No. 21-70547 (9th Cir. Aug. 5, 2022)INA § 101(f)(7); good moral character; presentence confinement; Chevron; Matter of Valdovinos; due process; waiving asylum application Chen v. Garland, No. 19-4162 (2d Cir. Aug. 5, 2022)sua sponte motion to reopen; review of legal or constitutional error; derivative asylum; China Campos-Chaves v. Garland, No. 20-60262 (5th Cir. Aug. 3, 2022)deficient NTA; Rodriguez; Spagnol-Bastos; Notice of Hearing; failure to provide address Matter of Fernandes, 28 I&N Dec. 605 (BIA 2022)partially deficient NTA; timely assertion of mandatory claims processing rule; “shall”; prejudice; dismissal; mental incompetence Castillo-Gutierrez v. Garland, No. 20-60492 (5th Aug. 5, 2022)deficient NTA; subject matter jurisdiction; Notice of Hearing; hardship; Patel Chuor v. Garland, No. 20-3571 (8th Cir. Aug. 4, 2022)CAT deferral; clear error; review of IJ factual findings; personal risk of torture; similar sounding names; mental illness; South Sudan Morfa Diaz v. DHS, et al., No. 20-2110763 (11th Cir. Aug. 5, 2022)aggravated felony drug trafficking; INA § 101(a)(43)(B); divisibility; naturalization; INA § 101(f)(8); NYPL § 220.39; narcotic Bastias v. U.S. Att'y Gen., No. 21-11416 (11th Cir. Aug. 2, 2022)INA § 237(a)(2)(E)(i); crime of child abuse, neglect, or abandonment; Soram; Velazquez-Herrera; culpably negligent; criminal negligence; review of state statutes to define; Chevron; reasonableness; burdens*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!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