Immigration Review

Betty's Bio:Elizabeth “Betty” Stevens is of counsel at Poarch Thompson Law.  Ms. Stevens received her J.D. magna cum laude from George Mason School of Law, and a B.S. in the Arabic Languages from Georgetown University.  Ms. Stevens is an active member of the Federal Bar Association and is a past Chair of the FBA’s Immigration Law Section.  In that capacity, she assisted in drafting and refining the FBA’s Article I immigration court proposal.From 2008 to December 2016, Ms. Stevens served as an Assistant Director with the Office of Immigration Litigation’s (OIL) District Court Section.  Before her promotion to Assistant Director, Ms. Stevens worked on all phases of litigation in the U.S. Courts, including the defense of petitions for review in the courts of appeals, class action defense, and individual cases in litigation.  Before she joined OIL in 2005, Ms. Stevens served as a law clerk for the U.S. District Court in Alexandria, Arlington Immigration Court, and the Board of Immigration Appeals.  She has also worked in the U.S. Embassy consular sections in Greece and Ethiopia, the U.S. Passport Office, and several private immigration law firms.  Betty's email: bstevens4115@gmail.comLinks!Learn all about Betty and Poach Thompson LawTranscript of Betty's testimony before CongressImmigration Law Section of the Federal Bar AssociationFBA Immigration Law Section Article 1 initiative*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

Ep. 100 thank yous, and TPS update!Said v. U.S. Att'y Gen., No. 21-12917 (11th Cir. Mar. 24, 2022)possession of marijuana in violation of Fla. Stat. § 893.13(6)(a); Matter of Guaderrama; realistic probability test; relevant divisibility; modified categorical approach; Ramos; Moncrieffe Tazu v. Att’y Gen. U.S., et al., 975 F.3d 292 (3d Cir. 2020)waivers; jurisdiction; habeas; INA § 242(g); INA § 242(b)(9); detention; challenging execution of removal order Julmice v. Garland, No. 21-1177 (4th Cir. Mar. 23, 2022)INA § 237(a)(1)(H) waiver; deceased qualifying relative; statutory interpretation; Chevron deference; present tense; Matter of Federiso*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

Matter of C. Morgan, 28 I&N Dec. 508 (BIA 2022)attempt to commit larceny, Conn. Gen. Stat. §§ 53a-124, 53a-49; INA § 101(a)(43)(U)aggravated felony; theft offense as defined at INA § 101(a)(43)(G); divisibility; means; fraud and theft; trickery; knowing consent; Reyes Lauture v. U.S. Att’y Gen.,  No. 19-13165 (11th Cir. Mar. 17, 2022)CIMT; INA § 237(a)(2)(A)(i); burglary of an unoccupied dwelling; Fla. Stat. § 810.02(3)(b); divisibility; aggravated felony theft and crime of violence; Mathis peak; realistic probability test; occupied dwelling  Cupete v. Garland, No. 20-3441 (2d Cir. Mar. 16, 2022)CIMT; impair government function; 18 U.S.C. § 1001; Matter of Pinzon; deficient NTA; jurisdiction  Garcia v. Garland, No. 19-60793 (5th Cir. Mar. 14, 2022)changed country condition motion to reopen; deficient NTA; LGBT; HIV positive; Mexico Hernandez Garmendia v. Att'y Gen. U.S., No. 203211 (3d Cir. Mar. 16, 2022)asylum; CAT; due process; exhaustion; mental competency; indicia of incompetency; Matter of M-A-M-; El Salvador Hernandez v. Garland, No. 20-3575 (8th Cir. Mar. 18, 2022)good moral character; non-LPR cancellation of removal; sufficiency of BIA decision; alcohol  *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

Into + Wooden v. U.S., No. 20-5279 (U.S. Mar. 7, 2022)Armed Career Criminal Act (ACCA); different occasions; single scheme of criminal misconduct; INA § 237(a)(2)(A)(ii); CIMT Oluwajana v. Garland, No. 21-1804 (7th Cir. Mar. 9, 2022)due process; motion to extend briefing deadline; motion to accept untimely brief; abuse of discretion; general remand by OIL; EOIR FOIA Matter of M-M-A-, 28 I&N Dec. 494 (BIA 2022)frivolous asylum finding; sufficiency of IJ factual findings; regulations as a whole; regulatory interpretation; discretion Valdez Amador v. Garland, No. 13-71406 (9th Cir. Mar. 9, 2022)INA § 237(a)(2)(E)(i) crime of domestic violence; corporal injury on a spouse or cohabitant; Cal. Pen. Code § 273.5(a); rape of an unconscious person; Cal. Pen. Code § 261(a)(4); divisibility; Mathis; INA § 101(a)(43)(A) Fakhuri v. Garland, No. 19-60275 (5th Cir. Mar. 11, 2022)categorical approach; divisibility; elements; different criminal punishments; aggravated felony; attempt; money laundering; INA § 101(a)(43)(U); § 101(a)(43)(D); Tenn. Code § 39-14-101; Tenn. Code § 39-14-903 Iyawe v. Garland, et al., No. 20-3088 (8th Cir. Mar. 11, 2022)I-130 petition; INA § 204(c); APA; arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; deference to prior USCIS decision*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.!As referenced in findcourses.com and findcourses.co.uk!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 + Duarte et al. v. Mayorkas, No. 18-20784 (5th Cir. Mar. 3, 2022)advance parole; admitted; TPS; arriving alienArreaga Bravo v. Att’y Gen. U.S., No. 20-3300 (3rd Cir. Mar. 2, 2022)clear error review;  IJ fact finding; rape; CAT; GuatemalaRivera Menjivar v. Garland, No. 21-1624 (8th Cir. Mar. 3, 2022)asylum; due process; similarly situated family members; evangelical Christian; gangs; El Salvador Salcido Mar v. Garland, No. 20-3426 (8th Cir. Feb. 28, 2022)sua sponte motion to reopen; jurisdiction Silva v. Garland, No. 20-1593 (1st Cir. Feb. 28, 2022)INA § 101(a)(43)(S); Mass. Gen. Laws ch. 274, § 4; law relating to obstruction of justice; statutory interpretation; Valenzuela Gallardo  Martinez-Guevara v. Garland, No. 20-60624 (5th Cir. Mar. 3, 2022)exhaustion; reconsider; changed country conditions motions to reopen; in absentiaRaymundo Morales v. Garland, No. 20-60919 (5th Cir. Mar. 4, 2022)non-LPR cancellation of removal; family separation; hardshipGregorio-Osorio v. Garland, No. 20-60478 (5th Cir. Mar. 4, 2022)deficient NTA; post-conclusion voluntary departure; Posos-Sanchez; M-F-O-Toledo-Vasquez v. Garland, No. 20-1849 (4th Cir. Mar. 2, 2022)nexus; family-based particular social group; asylum; persecution by group member; Mexico Garcia Hernandez v. Garland, No. 20-1678 (4th Cir. Mar. 2, 2022)changed country condition vs. regular motion to reopen; extending one-year filing deadline after asylum application filed*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

Zarate v. U.S. Att’y Gen., No. 20-11654 (11th Cir. Feb. 18, 2022)CIMT; falsely representing a social security number; 42 U.S.C. § 408(a)(7)(B); fraud or deceit; crimes against the government; least culpable conduct; false statement; intent to deceive; Pereida; burdensMatter of T-C-A-, 28 I&N Dec. 472 (BIA 2022)INA § 209(b); asylee and refugee adjustment of status; “granted”; definition of “status”; statutory interpretation; particularly serious crime; financial crime; CAT; Albania Adeyanju v. Garland, No. 21-1045 (1st Cir. Feb. 24, 2022)factual vs. discretionary; BIA review; Arai; H-L-H- & Z-Y-Z-; reweighing evidence; I-751; visa fraud; police reports; clear error; dead fish Lopez-Perez v. Garland, No. 21-1057 (1st Cir. Feb. 22, 2022)asylum; one year filing deadline; factual vs. legal challenge; wealthy merchants; Mam; Guatemala B.R. v. Garland, No. 19-70386 (9th Cir. Feb. 23, 2022)termination; regulatory violations; due process; service of NTA on minor; egregious constitutional violation; evidence of alienage; CAT; drug cartels; Mexico Gallegos v. Garland, No. 20-3036 (8th Cir. Feb. 22, 2022)in absentia motion to reopen; exceptional circumstances; depression; anxiety; exhaustion of impermissible fact finding Khaytekov v. Garland, No. 19-3149 (6th Cir. Feb. 25, 2022) frivolous asylum filing; warning; lodged not filed; statutory interpretation; definition of “under”*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 of Immigration Review? Click here to check out our Patreon Page!CONTACT INFORMATIONEmail: kgregg@kktplaw.comFacebook: "Immigration Review Podcast" or @immigrationreviewInstagram: @immigrationreviewTwitter: @immreviewClick here to learn about your host!Click here for more episodes!Click here for case notes!DISCLAIMER: Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. MUSIC CREDITS: "Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License httpSupport the show

Mejia-Velasquez v. Garland, No. 20-1192 (4th Cir. Feb. 15, 2022) biometrics notice; Matter of D-M-C-P-; definition of notice; Kisor deference; regulatory interpretation; preamble; due process; foreign language interpretation Ortiz Narez v. Garland, Nos. 19-72039, 20-71416 (9th Cir. Feb. 16, 2022) CIMT; CA voluntary manslaughter; categorical approach; scienter; recklessness  Ferreiras v. Garland, No. 19-4111 (2d Cir. Feb. 17, 2022)    CIMT, NY petit larceny, certification; categorical approach; Diaz-Lizarraga; permanent deprivation; substantial erosion of property rights Xu v. Garland, No. 19-1044 (1st Cir. Feb. 18, 2022) Final Administrative Removal Order (“FARO”); expedited removal; MA “keeping a house of ill fame”; MA money laundering; prostitution aggravated felony; jurisdiction; China; CAT deferral; 8 C.F.R. § 103.5(a)(5)(i); favorable circumstances Gomez-Abrego v. Garland, No. 20-2175 (1st Cir. Feb. 16, 2022) Asylum; withholding; CAT; El Salvador; particular social group; nexus; gangs; police; exhaustion; ultra vires Deng Chol v. Garland, No. 20-3268 (8th Cir. Feb. 16, 2022) CAT; South Sudan; Uganda; conscription; tribal definition; pro se; due process; prejudice; exhaustion *Sponsors and friends of the podcast!Kurzban Kurzban Tetzeli and Pratt P.A.www.kktplaw.com/Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.Docketwisewww.docketwise.com/immigration-review"Modern immigration software & case management"Want to become a patron of Immigration Review? Click here to check out our Patreon Page!CONTACT INFORMATIONEmail: kgregg@kktplaw.comFacebook: "Immigration Review Podcast" or @immigrationreviewInstagram: @immigrationreviewTwitter: @immreviewDISCLAIMER: Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. MUSIC CREDITS: "Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.Support the show

USA v. Rodriguez-Flores, No. 21-40277 (5th Cir. Feb. 11, 2022)sexual assault of an adult under Tex. Pen. Code § 22.011(a)(1), (b); aggravated felony crime of violence; means/elements; divisibility Ixcuna-Garcia v. Garland, No. 17-1867 (1st Cir. Feb. 8, 2022)adverse credibility; corroborating evidence; notice and opportunity to explain; Ren; L-A-C-; one-year asylum deadline; Ladino men; Mayan women; Guatemala  Thomas v. Garland, No. 20-2144 (1st Cir. Feb. 8, 2022)adjustment of status; discretion; police reports; drug arrest; fundamental fairness  Hesso v. Garland, No. 20-3737 (8th Cir. Feb. 9, 2022)in absentia motion to reopen; sufficiency of evidence; presumption of delivery Iredia v. Att’y Gen. U.S., No. 21-1379 (3d Cir. Feb. 11, 2022)arriving alien; advance parole; applicant for admission; INA § 212(a)(7)(A)(i)(I); TPS; Ortiz-Bouchet Ruiz-Colmenares v. Garland, No. 20-72672 (9th Cir. Feb. 9, 2022)CAT deferral; fear of robbery and kidnapping; credibility; deficient Notice of Referral to IJ; Mexico Tzompantzi-Salazar v. Garland, No. 20-71514 (9th Cir. Feb. 9, 2022)CAT protection; fear of robbery and kidnapping; credibility; deficient Notice of Referral; relocation; burdens; Mexico Ojo v. Garland, No. 19-3237 (2d Cir. Feb. 9, 2022)asylum; one-year deadline; extraordinary vs. changed circumstances; discretion; particularly serious crime; crimes against persons; conspiracy to commit wire fraud and use  identification documents unlawfully Dai; pro se exhaustion; expert report; criminal deportees; prison conditions; Nigeria*Sponsors and friends of the podcast!Kurzban Kurzban Tetzeli and Pratt P.A.www.kktplaw.com/Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.Docketwisewww.docketwise.com/immigration-review"Modern immigration software & case management"Want to become a patron of Immigration Review? Click here to check out our Patreon Page!CONTACT INFORMATIONEmail: kgregg@kktplaw.comFacebook: "Immigration Review Podcast" or @immigrationreviewInstagram: @immigrationreviewTwitter: @immreviewDISCLAIMER: Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. MUSIC CREDITS: "Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.Support the show

Interview with Laura Kelley (the Joyful Attorney), South Florida-based Immigration Attorney and Professional Certified Mindset CoachLearn more about Laura and schedule a counseling session, here!And here!Check out Laura's podcast, here!Need someone to talk to? - 1-800-273-8255 *Sponsors and friends of the podcast!Kurzban Kurzban Tetzeli and Pratt P.A.www.kktplaw.com/Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.Docketwisewww.docketwise.com/immigration-review"Modern immigration software & case management"Want to become a patron of Immigration Review? Click here to check out our Patreon Page!CONTACT INFORMATIONEmail: kgregg@kktplaw.comFacebook: "Immigration Review Podcast" or @immigrationreviewInstagram: @immigrationreviewTwitter: @immreviewClick here to learn about your host!Click me for more episodes!Featured in the top 15 of Immigration Podcast in the U.S.!DISCLAIMER: Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. MUSIC CREDITS: "Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.Support the show

[2:13] Tomas-Ramos v. Garland, No. 20-1201 (4th Cir. Feb. 2, 2022) reasonable fear review; standard of review; facially legitimate and bona fide reason; family-based particular social group; relocation; gangs; Guatemala  [11:00] He v. Garland, No. 20-1328 (8th Cir. Feb. 4, 2022)asylum; past persecution; well-founded fear of persecution; house church; inability to practice religion; Christian; China[14:32] Singh v. Garland, No. 20-70050 (9th Cir. Feb. 4, 2022)in absentia motion to reopen; deficient NTA; statutory interpretation; Rodriguez; Laparra[19:14] Matter of F-R-A-, 28 I&N Dec. 460 (BIA 2022)circumstance specific approach; amount of loss; INA § 101(a)(43)(M)(i); restitution; forfeiture under 18 U.S.C. § 981(a)(1)(C); conspiracy; victim identity; reliability of evidence; INA § 101(a)(43)(U); particularly serious crime; Ghana *Sponsors and friends of the podcast!Kurzban Kurzban Tetzeli and Pratt P.A.www.kktplaw.com/Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.Docketwisewww.docketwise.com/immigration-review"Modern immigration software & case management"Want to become a patron of Immigration Review? Click here to check out our Patreon Page!CONTACT INFORMATIONEmail: kgregg@kktplaw.comFacebook: "Immigration Review Podcast" or @immigrationreviewInstagram: @immigrationreviewTwitter: @immreviewClick here to learn about your host!Click here for more episodes!Click here for case notes!Featured in the top 15 of Immigration Podcast in the U.S.! DISCLAIMER: Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. MUSIC CREDITS: "Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.Support the show