Immigration Review

Kevin A. Gregg, Esq. (kgregg@kktplaw.com)
undefined
May 30, 2022 • 22min

Ep. 109 - Precedential Decisions from 5/23/2022 - 5/29/2022 (right to bear arms; crime of child abuse; likelihood of harm; credibility; IJ bias; changed country condition motion to reopen; Chinese Christians)

USA v. Jimenez-Shilon, No. 20-13139 (11th Cir. May 23, 2022)18 U.S.C. § 922(g)(5)(A); right of “the people” to bear arms Nunez v. Att'y Gen. U.S., No. 20-2651 (3d Cir. May 26, 2022)endangering the welfare of a child in the third degree, in violation of N.J. Stat. § 2C:24-4(a)(1); use and definition of “would”; crime of child abuse, neglect, or abandonment;  INA § 237(a)(2)(E)(i); likelihood of harm; tendency for harm; capacity to harm Cardona-Franco v. Garland, No. 19-60789 (5th Cir. May 24, 2022)credibility; IJ bias; exhaustion; motion to reconsider; previously available evidence Li v. Garland, No. 21-3328 (8th Cir. May 27, 2022)changed country condition motion to reopen; Chinese Christian; Matter of F-S-N-; prima facie case*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: @immreviewLearn about your host!More episodes!Case notes!Top 15 immigration podcast in the U.S.!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
undefined
May 23, 2022 • 57min

Ep. 108 - Precedential Decisions from 5/16/2022 - 5/22/2022 (jurisdiction to review discretionary relief; ineffective assistance of counsel; BIA dismissal; CAT & asylum - Cameroon & Somalia; credibility; agg. fel. crime of violence; deficient NTAs)

Patel v. Garland, No. 20-979 (U.S. May 16, 2022)jurisdiction to review five types of discretionary relief; statutory interpretation; false claim to citizenship; agency power Saint Ford v. Att'y Gen U.S., No. 21-1729 (3d Cir. May 16, 2022)ineffective assistance of counsel motion to reopen; corroboration; prejudice; truth of statements  in motion; Platform Petit Dessalines (PPD); Haiti Argueta-Orellana v. Att’y Gen. U.S., No. 20-1581 (3d Cir. May 20, 2022)failure to file a brief with BIA; regulatory interpretation; 8 C.F.R. § 1003.l(d)(2)(i)(E)Ali v. Garland, No. 21-1296 (1st Cir. May 5, 2022)evidence in totality; private actors; security forces; Al-Shabaab; CAT; Somalia  Fon v. Garland, No. 20-73166 (9th Cir. May 18, 2022)asylum; past persecution; nexus; standard of review; Anglophone; Cameroon Olea-Serefina v. Garland, No. 20-72231 (9th Cir. May 19, 2022)aggravated felony crime of violence; § 101(a)(43)(F); § 16(a); corporal injury upon a child in violation of Cal. Pen Code § 273d(a); term of imprisonment; violent force; use of the word “an”; old state case law; continuances Nkenglefac v. Garland, No. 19-60647 (5th Cir. May 18, 2022)asylum; credibility; extra-record evidence; credible fear interview; discrepancies; opportunity to explain; SCNC; Cameroon Vasquez-De Martinez v. Garland, No. 21-60856 (5th Cir. May 16, 2022)extensions of time; motion to dismiss; voluntary dismissal; Federal Rule of Appellate Procedure 42Arreola-Ochoa v. Garland, No. 21-1179 (7th Cir. May 17, 2022)deficient NTA; prejudice; timeliness; dismissal; claims processing rule*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: @immreviewLearn about your host!More episodes!Case notes!Top 15 immigration podcast in the U.S.!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
undefined
May 19, 2022 • 48min

Special Episode - The UNNJ Episode! (Interview with KKTP Partner Edward Ramos and KKTP Associate Elizabeth Montano regarding the University of Northern New Jersey and Dong v. Johnson class action settlement)

Ed and Liz take us through the case and settlement Dong, et al. v. Johnson, et al., Case No. 17-2092-ES-JSA—a class-action lawsuit which challenged various actions and conduct of the U.S. Government related to the University of Northern New Jersey (“UNNJ”).  UNNJ was a fake university set up by DHS.  After over five years of litigation, the lawsuit has now settled, and the Court has approved the parties’ Settlement Agreement.  Rejoice!Links!:Everything you need to know about the lawsuit and settlementAMENDED SETTLEMENT AGREEMENT AND RELEASE NOTICE OF PROPOSED CLASS ACTION SETTLEMENT About EdAbout Liz*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: @immreviewLearn about your host!More episodes!Case notes!Top 15 immigration podcast in the U.S.!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
undefined
May 16, 2022 • 43min

Ep. 107 - Precedential Decisions from 5/9/2022 - 5/15/2022 (particularly serious crimes: mental health & exhaustion; asylum: gangs & Mayan race; CIMT: money laundering & intent; VAWA motion to reopen; right to counsel in reasonable fear proceedings)

Matter of B-Z-R-, 28 I&N Dec. 563 (A.G. 2022)mental health; Matter of G-G-S-; particularly serious crime Kithongo v. Garland, No. 21-2662 (7th Cir. May 9, 2022)particularly serious crime; conspiracy to commit robbery; violent crimes; Matter of N-A-M-; jurisdiction; exhaustion; case processing rule; actually argued Tojin-Tiu v. Garland, No.  21-2269 (8th Cir. May 12, 2022)family-based particular social group; fear of gangs; persecution Guatemala Jang v. Garland, No. 19-4289 (2d Cir. May 9, 2022)CIMT; attempted second-degree money laundering; N.Y. Penal L. § 470.15(1)(b)(ii)(A); Matter of Tejwani; intent to defraud; knowing mens rea Pena-Lopez v. Garland, No. 20-60911 (5th Cir. May 12, 2022)mixed question of law and fact; jurisdiction; VAWA motion to reopen; VAWA cancellation of removal; extraordinary circumstances or extreme hardship to the noncitizen’s child; Guerrero-Lasprilla; INA § 242(a)(2)(D)Priva v. U.S. Att'y Gen., No. 20-12521 (11th Cir. May 12, 2022)reasonable fear proceedings; right to counsel; due process; substantial prejudice; Nasrallah factual findings; Haiti Lopez Morales v. U.S. Att'y Gen., No. 20-14054 (11th Cir. May 11, 2022)exhaustion; asylum; reasoned consideration; Mayan race; Mam; 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: @immreviewLearn about your host!More episodes!Case notes!Top 15 immigration podcast in the U.S.!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
undefined
May 9, 2022 • 27min

Ep. 106 - Precedential Decisions from 5/2/2022 - 5/8/2022 (credibility; frivolous asylum finding; deliberate fabrication; controlled substance offense; divisibility; elements; violation of a court protection order; § 237(a)(2)(E)(ii); in forma pauperis)

U.S. v. Begay, No. 14-10080 (9th Cir. May 5, 2022) (en banc)crime of violence; recklessness; Borden Udo v. Garland, No. 20-70078 (9th Cir. May 4, 2022)credibility; frivolous asylum finding; deliberate fabrication; materiality; gay men; homosexuality; consideration of all evidence; adverse credibility and Convention Against Torture; Nigeria Matter of German Santos, 28 I&N Dec. 552 (BIA 2022)Penn. Cons. Stat. § 780-113(a)(30); INA § 237(a)(2)(B)(i); divisibility; sentence enhancement; modified categorical approach; non-LPR cancellation; DUI; discretion; Matter of Laguerre Alvarez v. Garland, No. 22-6021 (2d Cir. May 5, 2022)violation of a court protection order; INA § 237(a)(2)(E)(ii); in forma pauperis motion; first-degree contempt of court in violation of N.Y. Penal L. § 215.51; circumstance specific approach *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: @immreviewLearn about your host!More episodes!Case notes!Top 15 immigration podcast in the U.S.!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
undefined
May 2, 2022 • 38min

Ep. 105 - Precedential Decisions from 4/25/2022 - 5/1/2022 (crime of domestic violence; physical force; jurisdiction; motion to reopen: equitable tolling, ineffective assistance, and reinstatement; CAT deferral)

Matter of Dang, 28 I&N Dec. 541 (BIA 2022)misdemeanor domestic abuse battery with child endangerment in violation of LA Stat. § 14:35.3(I); crime of domestic violence; INA § 237(a)(2)(E)(i); physical force; 18 U.S.C. § 16(a); Castleman, StokelingBhaktibhai-Patel v. Garland, No. 19-2565 (2d Cir. Apr. 27, 2022)jurisdiction; final order; finality; withholding only proceedings; reinstatement; INA § 101(a)(47); illegal reentry; due process; Thuraissigiam Hernandez-Ortiz v. Garland, No. 16-72752 (9th Cir. Apr. 26, 2022)motion to reopen; equitable tolling; ineffective assistance of counsel; prejudice; egregious; drug cartels; Mexico Gutierrez-Zavala v. Garland, No. 20-73398 (9th Cir. Apr. 26, 2022)reinstatement; jurisdiction; Chenery Doctrine; motion to reopen Salat v. Garland, No. 20-2662 (8th Cir. Apr. 28, 2022)CAT deferral; factfinding; internally displaced person camp; IDP camp; mental health illness; mental health facility; Somaliland; 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: @immreviewLearn about your host!More episodes!Case notes!Top 15 immigration podcast in the U.S.!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
undefined
Apr 25, 2022 • 27min

Ep. 104 - Precedential Decisions from 4/18/2022 - 4/24/2022 (Aaliyah The Brave!; LPR cancellation of removal; discretion; dead fish standard of review; nunc pro tunc changes to convictions; vacatur; in absentia motion to reopen)

Aaliyah The Brave: Empowering Children Coping with Immigration Enforcement, by Rekha Sharma-Crawford, Esq.Pre-order on Amazon, here! About the book About the author: https://sharma-crawford.com/attorny-profiles/Barros v. Garland, No. 21-1335 (1st Cir. Apr. 19, 2022)LPR cancellation of removal; discretion; dead fish standard of review; exhaustion;  jurisdiction; requirement to file motion to reconsider with BIA Matter of Dingus, 28 I&N Dec. 529 (BIA 2022)nunc pro tunc changes to convictions; vacatur; modification; distribution of a controlled substance in violation of VA Code § 18.2-248; Matter of Pickering; burdens; Thomas and Thompson; salvinorin A Rodriguez v. Garland, No. 20-60008 (5th Cir. Apr. 19, 2022)in absentia motion to reopen; deficient NTA; Niz Chavez; INA § 239(a)*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: @immreviewLearn about your host!More episodes!Case notes!Top 15 immigration podcast in the U.S.!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
undefined
Apr 18, 2022 • 19min

Ep. 103 - Precedential Decisions from 4/11/2022 - 4/17/2022 (thank you AILA South Florida!; asylum; unable or unwilling to protect; Convention Against Torture; aggregate harm; MS-13)

Ibarra Chevez v. Garland, No. 20-1576 (4th Cir. Apr. 15, 2022)CAT; torture in the aggregate; relocation; Decree 717; mixed question of law and fact; standards of review; no need for motion to reconsider; MS-13; El SalvadorSanchez-Amador v. Garland, No. 20-60367 (5th Cir. Apr. 11, 2022) unable or unwilling to protect; sexual assault; extortion; MS-13; Honduras*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: @immreviewLearn about your host!More episodes!Case notes!Top 15 immigration podcast in the U.S.!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
undefined
Apr 11, 2022 • 22min

Ep. 102 - Precedential Decisions from 4/4/2022 - 4/10/2022 (equitable tolling and appeals to the BIA; asylum; corroboration; nuclear family; attorney misconduct and sanctions; motion to vacate panel decision; administrative closure)

Boch-Saban v. Garland, No. 20-60540 (5th Cir. Apr. 8, 2022)equitable tolling; motion to reopen; appeal to BIA; self-certification; Matter of Liadov Arreguin v. Garland, No. 20-2431 (8th Cir. Apr. 4, 2022)asylum; vigilante group; disappearance; corroboration; immediate family; nuclear family; nexus; C-T-L-; opportunity to explain; motion to reopen; Mexico Camacho-Valdez v. Garland, No. 21-3112 (7th Cir. Apr. 6, 2022)sanctions; fines; attorney misconduct; docketing fee; in forma pauperis Hernandez-Serrano v. Garland, No. 20-3175 (6th Cir. Apr. 7, 2022)administrative closure; en banc; vacatur; motion to vacation; mediation*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: @immreviewLearn about your host!More episodes!Case notes!Top 15 immigration podcast in the U.S.!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
undefined
Apr 4, 2022 • 36min

Ep. 101 - Precedential Decisions from 3/28/2022 - 4/3/2022 (transgender adults; pattern or practice of persecution; definition of conviction; CIMT; CAT protection; Interpol Red Notice; terrorism weapons bar)

Gonzalez Aguilar v. Garland, No. 18-9570 (10th Cir. Mar. 29, 2022)asylum; transgender woman; transgender adults; pattern or practice of persecution; Department of State country condition report; corruption; law enforcement efforts; unable or unwilling; corruption; HondurasMatter of S. Wong, 28 I&N Dec. 518 (BIA 2022)definition of conviction under INA § 101(a)(48)(A); constitutional floor; disorderly persons offense of theft by deception in violation of N.J. Stat. § 2C:20-4(a); CIMT; fraud; forgery in the second degree in violation of N.Y. Pen. L. § 170.10 Jama v. Garland, No. 21-1585 (8th Cir. Mar. 30, 2022)CAT; Awrtable tribe; pidgin Somali; Somali Christian; mental illness; Somalia Paredes Gonzales v. Garland, No. 20-2964 (8th Cir. Apr. 1, 2022)CAT; Interpol Red Notice; business disputes; prison conditions and torture; Bolivia Kakar v. USCIS, No. 20-1512 (2d Cir. Mar. 28, 2022)INA § 212(a)(3)(B)(iii)(V); asylum; terrorism; APA; weapons bar; material support bar; duress exception; Chenery; estoppel; res judicata; Taliban; Afghanistan  *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: @immreviewLearn about your host!More episodes!Case notes!Top 15 immigration podcast in the U.S.!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

The AI-powered Podcast Player

Save insights by tapping your headphones, chat with episodes, discover the best highlights - and more!
App store bannerPlay store banner
Get the app