Immigration Review

Kevin A. Gregg, Esq. (kgregg@kktplaw.com)
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Sep 27, 2021 • 48min

Ep. 74 - Precedential Decisions from 9/20/2021 - 9/26/2021 (nexus; Yemen; motion to reopen - changed country conditions, sua sponte, exceptional circumstances; NTA deficiencies; parole; accomplice & categorical approach; credibility)

[2:49] Ghanem v. Att’y Gen. U.S., No. 19-1475 (3d Cir. Sept. 22, 2021)asylum; political opinion; nexus; mixed-motive; tribal; ignoring evidence; corroboration; reasonable explanation; CAT; Matter of J-F-F-; hypotheticals; Houthi; Yemen [9:09] Abushagif v. Garland, No. 19-60807 (5th Cir. Sept. 24, 2021)motion to reopen; changed country conditions; affidavits; inherently believable; burdens; asylum; CAT; Libya [14:01] Matter of Arambula-Bravo, 28 I&N Dec. 388 (BIA 2021)NTA; jurisdiction; Niz-Chavez; Pereira; parole termination; charging document; 8 C.F.R. § 212.5(e)(2)(i); 8 C.F.R. § 1003.13; INA § 274(A)(1)(a)(ii); aggravated felony; INA § 101(a)(43)(N); alien smuggling [20:10] Tino v. Garland, No. 20-3508 (8th Cir. Sept. 20, 2021)Pereira; Niz-Chavez; jurisdiction; NTA; asylum; Guatemala; gangs [22:29] Berdiev v. Garland, No. 20-9542 (10th Cir. Sept. 21, 2021)sua sponte motion to reopen; equitable tolling; ineffective assistance of counsel; due diligence; Matter of  Zmijewska; ten-year bar for failure to voluntarily depart; Chenery [29:55] Alfred v. Garland, No. 19-72903 (9th Cir. Sept. 22, 2021)Valdivia-Flores; Washington robbery; categorical approach; accomplice; aiding and abetting [36:27] Li v. Garland, No. 18-70943 (9th Cir. Sept. 21, 2021)adverse credibility; omissions; inconsistencies; Iman v. Barr; totality; respondent confusion and sloppy testimony; misuse of pronouns; China; house church; misrepresentation in application  [41:02] Cui v. Garland, No. 18-72030 (9th Cir. Sept. 23, 2021)motion to reopen; in absentia; exceptional circumstances; appeal of in absentia removal order; immigration court mistakes; Matter of Guzman-Arguera*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? Check out our Patreon page at https://www.patreon.com/immigrationreview *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
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Sep 20, 2021 • 18min

Ep. 73 - Precedential Decisions from 9/13/2021 - 9/19/2021 (INA § 212(h) waiver; admission; lawfully admitted for permanent residence; fundamental fairness; INA § 240(b)(4)(B); probativeness of evidence; DHS burdens; hearsay evidence)

[1:48] Thank you Patrons![2:15] Matter of N-V-G-, 28 I&N Dec. 380 (BIA 2021)INA § 212(h) waiver; Minn. Stat. § 609.222(1); refugee adjustment of status under INA § 209; admission; lawfully admitted for permanent residence; legislative history; crime of domestic violence; INA § 237(a)(2)(E)(i); crime of violence aggravated felony; INA § 101(a)(43)(F) [9:01] Alcaraz-Enriquez v. Garland, No. 15-71553 (9th Cir. Sept. 16, 2021)fundamental fairness; INA § 240(b)(4)(B); probativeness of evidence; admissibility of evidence; DHS burdens; right to cross examination; hearsay; credibility; Dai; particularly serious crime*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? Check out our Patreon page at https://www.patreon.com/immigrationreview *CONTACT INFORMATIONEmail: kgregg@kktplaw.comFacebook: "Immigration Review Podcast" or @immigrationreviewInstagram: @immigrationreviewTwitter: @immreview*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/*More episodes at: https://www.kktplaw.com/immigration-review-podcast/*Featured in the top 15 of Immigration Podcast in the U.S.! https://blog.feedspot.com/immigration_podcasts/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
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Sep 13, 2021 • 1h 8min

Ep. 72 - Precedential Decisions from 9/6/2021 - 9/12/2021 (detention; Joseph hearing; habeas; crimes of violence; divisibility; post-conviction relief; CIMT; crime of child abuse, abandonment, or neglect; mental health; reinstatement; credibility)

[2:02] Gayles v. Warden, et al., No. 19-3241 (3d Cir. Sept. 3, 2021)mandatory detention; due process; Joseph hearing; burdens; INA § 242(f)(1) [7:59] Farah v. U.S. Att’y Gen., No. 19-12462 (11th Cir. Sept. 8, 2021)prolonged detention; habeas; INA § 241(a); Akinwale; controlled substance; Minn. Stat. §§ 152.025, 609.222; aggravated felony crime of violence; Matter of Jean; refugee adjustment § 209; “reasoned consideration”; withholding & CAT; Somalia [19:21] Talamantes-Enriquez v. U.S. Att'y Gen., No. 19-15080 (11th Cir. Sept. 9, 2021)aggravated felony; crime of violence; physical force; divisibility; charging document; post-conviction relief; ignoring state court judge actions [26:55] Sasay v. Att’y Gen. U.S., No. 20-1273 (3d Cir. Sept. 10, 2021)CIMT; intent to defraud; divisibility; Matter of Serna; 18 U.S.C. § 1028A(a); aiding and abetting  [31:19] Marquez v. Garland, No. 18-3363 (2d Cir. Sept. 7, 2021)crime of child abuse, neglect, or abandonment; Matter of Soram; retroactivity; N.Y. Pen. L. § 260.10(1) [35:55] Diaz-Rodriguez v. Garland, No. 13-73719 (9th Cir. Sept. 10, 2021)crime of child abuse, neglect, or abandonment; unitary concept; criminal negligence; Matter of Soram; Cal. Pen. Code § 273a(a); Chevron ; statutory interpretation; deference to panel  [43:41] Benedicto v. Garland, No. 18-73237 (9th Cir. Sept. 9, 2021)mental illness; mental health; Matter of M-A-M-; Matter of M‑J-K-; due process; qualified representative; termination; CAT; Dominican Republic [48:43] Iraheta-Martinez v. Garland, No. 18-72692 (9th Cir. Sept. 7, 2021)withholding-only; due process; reinstatement; exhaustion; futility; constitutional claims; statutory interpretation; “notwithstanding clause”; MS-13; LGBTQ; gang opposition; El Salvador [55:33] Alam v. Garland, No. 19-72744 (9th Cir. Sept. 8, 2021) (en banc)credibility; “single factor rule”; totality of the circumstances; lie [59:03] Etemadi v. Garland, No. 18-72318 (9th Cir. Sept. 9, 2021)law-of-the-case; credibility; inconsistencies; falsus in uno, falsus in omnibus; error of fact; document authenticity; CAT; affidavits; Christianity; Iran; waiver/exhaustion; changed conditions; frivolous finding*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"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: [see prior episodes]Support the show
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Sep 6, 2021 • 30min

Ep. 71 - Precedential Decisions from 8/30/2021 - 9/5/2021 (aggravated felony and "alien"; credibility and Pidgin English; inconsistencies; derivative citizenship; CAT and willful blindness in Honduras)

[2:42] Singh v. Att’y Gen U.S., No. 20-1778 (3d Cir. Aug. 31, 2021)aggravated felony; controlled substance offense; “alien” at time of offense; Costello; Rossi; denaturalization; rule of lenity; statutory interpretation; Chevron; ambiguity; reasonable interpretation  [9:59] B.C. v. Att’y Gen. U.S., No. 19-1408 (3d Cir. Sept. 1, 2021)credibility; inconsistency; asylum; memorizing testimony; Pidgin English; sue process; right to interpreter; Cameroon [15:58] Rodriguez-Ramirez v. Garland, No. 19-70506 (9th Cir. Sept. 1, 2021)adverse credibility; standard of review; inconsistency; omission [17:51] Giha v. Garland, No. 15-73085 (9th Cir. Sept. 2, 2021)derivative citizenship; burden shifting framework; summary judgment; common law marriage and separation in Peru [23:13] Gutierrez v. Garland, No. 19-60408 (5th Cir. Aug. 31, 2021)convention against torture; government acquiesce; willful blindness; MS-13; Honduras *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"*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/*More episodes at: https://www.kktplaw.com/immigration-review-podcast/*Featured in the top 15 of Immigration Podcast in the U.S.! https://blog.feedspot.com/immigration_podcasts/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
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Aug 30, 2021 • 40min

Ep. 70 - Precedential Decisions from 8/23/2021 - 8/29/2021 (adverse credibility; reasonable fear proceedings & right to counsel; crime involving moral turpitude & retroactivity; asylum - relocation, particularly serious crime & past persecution)

[3:07] Munyuh v. Garland, No. 19-72890 (9th Cir. Aug. 25, 2021)adverse credibility; cherry-picking; inconsistencies; sexual violence; rape; Cameroon [10:19] Orozco-Lopez, et al. v. Garland, No. 20-70127 (9th Cir. Aug. 25, 2021)reinstatement; reasonable fear proceedings; reasonable fear appeal; right to counsel; prejudice;  rule of lenity; statutory construction  [17:03] Afanador v. Garland, No. 17-70127 (9th Cir. Aug. 27, 2021)retroactivity; CIMT; moral turpitude; Cal. Pen. Code § 314.1; Matter of Cortes Medina [22:46] Singh v. Garland, No. 19-704 (2d Cir. Aug. 25, 2021)asylum; reasonable relocation; Shiromani Akali Dal Amritsar; Mann party; Sikh; India [27:59] Mumad v. Garland, No. 20-2140 (8th Cir. Aug. 27, 2021)particularly serious crime; robbery; void for vagueness  [33:39] Murugan v. U.S. Att'y Gen., No. 19-13715 (11th Cir. Aug. 24, 2021)asylum; past persecution; Tamil; Sri Lanka*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"*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/*More episodes at: https://www.kktplaw.com/immigration-review-podcast/*Featured in the top 15 of Immigration Podcast in the U.S.! https://blog.feedspot.com/immigration_podcasts/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
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Aug 23, 2021 • 1h 1min

Ep. 69 - Precedential Decisions from 8/16/2021 - 8/22/2021 (categorical approach; jurisdiction; expedited removal; due process; false claim; credibility; serious nonpolitical crime bar; particular social group)

[2:16] Germain v. U.S. Att’y General, No. 20-11419 (11th Cir. Aug. 18, 2021)aggravated felony; INA § 101(a)(43)(P); relating to document fraud; 18 U.S.C. § 1546(a); cancellation of removal;[9:22] Lopez-Marroquin v. Garland, No. 18-72922 (9th Cir. Aug. 18, 2021)Cal. Veh. Code § 10851(a); categorical approach; divisibility; aggravated felony; 8 U.S.C. § 1101(a)(43)(G); Duenas-Alvarez v. Holder; Mathis v. United States[16:59] Guerrier v. Garland, No. 20-70115 (9th Cir. Aug. 16, 2021) jurisdiction; credible fear determination; expedited removal; colorable constitutional claim; due process; DHS v. Thuraissigiam[24:16] Flores-Rodriguez v. Garland, No. 19-70177 (9th Cir. Aug. 16, 2021)False claim to U.S. citizenship; INA § 212(a)(6)(C)(ii); adjustment of status; due process; prejudice[31:41] Dai v. Garland, No. 15-70776 (9th Cir. Aug. 20, 2021)Garland v. Dai; adverse credibility; presumption of credibility; deemed credible; persuasiveness[34:15] Liang v. Garland, No. 18-2257 (2d Cir. Aug. 19, 2021)Asylum; withholding of removal; Convention Against Torture; credibility; factual omission; factual inconsistency; substantial evidence[42:18] Sharma v. Garland, No. 20-70238 (9th Cir. Aug. 17, 2021)Asylum; withholding of removal; reasonable fear of persecution; Convention Against Torture; voluntary departure; jurisdiction[46:29] Villalobos Sura v. Garland, No. 20-71839 (9th Cir. Aug. 17, 2021)Withholding of removal; serious nonpolitical crime bar; probable cause; INTERPOL Red Notice; Convention Against Torture; government acquiescence; El Salvador[53:09] Plancarte Sauceda v. Garland, No. 19-73312 (9th Cir. Aug. 20, 2021) particular social group; immutable characteristic; asylum; withholding of removal; Convention Against Torture; government acquiescence; venue*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"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
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Aug 16, 2021 • 57min

Ep. 68 - Precedential Decisions from 8/9/2021 - 8/15/2021 (cancellation of removal; NACARA; convention against torture; government acquiescence; continuance; U visa; motion to reopen; changed country conditions; motion to reconsider; change in law)

[3:07] Matter of Hernandez-Romero, 28 I&N Dec. 374 (BIA 2021) NACARA; cancellation of removal; statutory construction [11:24] Sanchez-Ruano v. Garland, No. 18-71760 (9th Cir. Aug. 11, 2021)Cancellation of removal; INA § 240A(b); inadmissibility grounds; INA § 212; deportability grounds; INA § 237; removability vs relief[19:22] Mohamed v. Garland, No. 20-1829 (8th Cir. Aug. 13, 2021)Convention Against Torture; fact-finding; Matter of J-F-F-; more likely than not; government acquiescence; Somalia[29:01]Yusuf v. Garland, No. 20-2316 (8th Cir. Aug. 9, 2021) Motion to reopen; Convention Against Torture; changed country conditions; sua sponte; LGBT; Somalia; due process[35:21]Gonzales Quecheluno v. Garland, No. 20-2200 (8th Cir. Aug. 12, 2021)Motion to reopen; continuance; jurisdiction; admin closure; Matter of Sanchez Sosa; U Visa; [43:06] Gonzalez Hernandez v. Garland, No. 19-60274 (5th Cir. Aug. 13, 2021)Motion to reconsider; motion to reopen; change in law; aggravated felony; crime of violence; INA § 101(a)(43)(F); 18 U.S.C. § 16(b); Sessions v. Dimaya; El Salvador*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? Check out our Patreon page at https://www.patreon.com/immigrationreview *CONTACT INFORMATIONEmail: kgregg@kktplaw.comFacebook: "Immigration Review Podcast" or @immigrationreviewInstagram: @immigrationreviewTwitter: @immreview*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/*More episodes at: https://www.kktplaw.com/immigration-review-podcast/*Featured in the top 15 of Immigration Podcast in the U.S.! https://blog.feedspot.com/immigration_podcasts/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
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Aug 9, 2021 • 60min

Ep. 67 - Precedential Decisions from 8/2/2021 - 8/8/2021 (categorical approach; CIMT; particularly serious crime; particular social group; issue exhaustion; burdens of proof; motions to reopen; jurisdiction)

[3:10] Simpson v. U.S. Att'y Gen., No. 19-11156 (11th Cir. Aug. 4, 2021) Fla. Stat. § 790.23(1)(a); felon in possession; INA § 237(a)(2)(C); ammunition; divisibility; categorical and modified categorical approach; jury instructions  [10:11] Maie v. Garland, No. 19-73099 (9th Cir. Aug. 2, 2021) CIMT; theft; Haw. Rev. Stat. § 708-833(1); Model Penal Code; deprive; Matter of Diaz-Lizarraga; Matter of Burbano [18:03] Gilbertson v. Garland, No. 20-2355 (8th Cir. Aug. 2, 2021) particularly serious crimes; withholding of removal; Matter of G-G-S-; mental health; Shazi v. Wilkinson; drug trafficking; Matter of Y-L-; Los Zetas; Mexico [23:09] Rosales-Reyes v. Garland, No. 20-2417 (8th Cir. Aug. 4, 2021)  asylum; particular social group; drug cartels; CAT; relocation; Mexico [26:05] Nolasco v. Garland, No. 20-1034 (4th Cir. Aug. 2, 2021) Particular social groups; asylum; asylum; socially distinct; CAT protection; former gang membership; Matter of M-E-V-G-; Matter of W-G-R-; El Salvador [30:21] Vasquez-Rodriguez v. Garland, No. 19-71445 (9th Cir. Aug. 5, 2021) 8 U.S.C. § 1252(d)(1); issue exhaustion; futility; Matter of E-A-G-; particular social group; imputed gang membership; CAT; safe relocation; El Salvador.  [41:57] Romero v. Garland, No. 17-70534 (9th Cir. Aug. 2, 2021)  false claim to citizenship; INA § 212(a)(6)(C)(ii); burdens of proof; admission [48:17] Parada-Orellana v. Garland, No. 19-60645 (5th Cir. Aug. 6, 2021)  Motions to reopen; INA § 240A(b); non-LPR cancellation of removal; hardship; jurisdiction; INA § 242(a)(2)(B); in absentia order *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"*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/*More episodes at: https://www.kktplaw.com/immigration-review-podcast/*Featured in the top 15 of Immigration Podcast in the U.S.! https://blog.feedspot.com/immigration_podcasts/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
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Aug 2, 2021 • 1h

Ep. 66 - Precedential Decisions from 7/26/2021 - 8/1/2021 (DHS stipulations; crime of child abuse; divisibility & burdens; + $10,000 agg. fel.; jurisdiction & discretion; issue exhaustion; VAWA cancellation; nexus; adverse credibility)

[3:11] Matter of A-C-A-A-, 28 I&N Dec. 351 (A.G. 2021)asylum; particular social group; DHS stipulations [7:37] Matter of Aguilar-Barajas, 28 I&N Dec. 354 (BIA 2021)aggravated statutory rape; Tenn. Code Ann. § 39-13-506(c); crime of child abuse under INA § 237(a)(2)(E)(i); Esquivel-Quintana [15:27] Marinelarena v. Garland, No. 14-72003 (9th Cir. July 26, 2021)Cal. Pen. Code § 182; Cal. Health & Safety Code § 11352(a); divisibility; burdens; Pereida  [22:06] Estella Orellana v. Mayorkas, et al., No. 20-16092 (9th Cir. July 28, 2021)naturalization; INA § 101(a)(43)(M)(i) aggravated felony; + $10,000; Cal Pen. Code § 550(b)(3); insurance fraud; Harvey waiver; motion to dismiss [30:55] Galvan v. Garland, No. 20-1485 (4th Cir. July 27, 2021)jurisdiction; discretion; non-LPR cancellation of removal; INA § 240A(b); exceptional and extremely unusual hardship [36:23] Mencia-Medina v. Garland, No. 20-1724 (8th Cir. July 29, 2021)issue exhaustion; VAWA cancellation of removal; BIA factfinding; discretionary determinations  [43:28] Vazquez-Guerra v. Garland, No. 18-60828 (5th Cir. July 29, 2021)family-based particular social group; nexus; one central reason; nexus for withholding of removal; Mexico [47:38] Singh v. Garland, No. 17-2368 (2d Cir. July 28, 2021)adverse credibility; inconsistency; omission; Sikh; Shiromani Akali Da Amritsar (SADA); India  [53:50] Omowole v. Garland, No. 20-2285 (7th Cir. July 29, 2021)credibility; fraud; sham marriage*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? Check out our Patreon page at https://www.patreon.com/immigrationreview *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
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Jul 26, 2021 • 26min

Ep. 65 - Precedential Decisions from 7/19/2021 - 7/25/2021 (genocide; Rwanda; material misrepresentation; equity; latches; due process; non-LPR cancellation of removal; exceptional and extremely unusual hardship; change in IJ)

[2:39] Matter of O-R-E-, 28 I&N Dec. 330 (BIA 2021)equitable doctrine of latches; due process; genocide; Rwanda; INA § 212(a)(3)(E)(ii), (iii); credibility; material misrepresentation[13:53] Meza v. Garland, No. 20-2193 (7th Cir. July 20, 2021)non-LPR cancellation of removal INA § 240A(b); jurisdiction; good moral character; weighing of evidence; DUI [17:34] Orpinel-Robledo v. Garland, No. 20-2624 (8th Cir. July 19, 2021)non-LPR cancellation of removal INA § 240A(b); due process; change of judges; use of the word “the” [20:22] Avendano-Elvira v. Garland, No. 20-2775 (8th Cir. July 21, 2021)non-LPR cancellation of removal INA § 240A(b); due process; change of judges; right to a specific immigration judge*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? Check out our Patreon page at https://www.patreon.com/immigrationreview *CONTACT INFORMATIONEmail: kgregg@kktplaw.comFacebook: "Immigration Review Podcast" or @immigrationreviewInstagram: @immigrationreviewTwitter: @immreview*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/*More episodes at: https://www.kktplaw.com/immigration-review-podcast/*Featured in the top 15 of Immigration Podcast in the U.S.! https://blog.feedspot.com/immigration_podcasts/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

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