Immigration Review

Kevin A. Gregg, Esq. (kgregg@kktplaw.com)
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Mar 15, 2021 • 42min

Ep. 46 - Precedential Decisions from 3/8/2021 - 3/14/2021 (realistic probability-Fla. marijuana poss.; CIMT-conspiracy, assault, threats; particularly serious crime-mental health; persecution and PSGs; reopening-changed conditions/in absentia; stepchild)

[2:13] Gonzalez v. Wilkinson, No. 19-3412 (8th Cir. Mar. 9, 2021)realistic probability test; cancellation of removal; Fla. Stat. § 893.13(6)(b); possession of marijuana; divisibility; Matter of Guadarrama [7:29] Matter of Nemis, 28 I&N Dec. 250 (BIA 2021)conspiracy; fraud; CIMT; conspiracy to commit visa fraud in violation of 18 U.S.C. § 371 and 18 U.S.C. § 1546(a) [15:33] Matter of Aguilar-Mendez, 28 I&N Dec. 262 (BIA 2021)CIMT; assault by means of force likely to produce great bodily injury in violation of Cal. Pen. Code § 245(a)(4); voluntary departure [19:01] Birhanu v. Wilkinson, No. 19-9599 (10th Cir. Mar. 9, 2021)CIMT; recklessness; making threats of terrorism in violation of Utah Code Ann. § 76-5-107.3(1)(b)(ii); single scheme of criminal conduct; INA § 237(a)(2)(A)(ii); particularly serious crime; mental health; competency hearing [25:20] Jama v. Wilkinson, No. 19-2250 (8th Cir. Mar. 11, 2021)particularly serious crime; Matter of G-G-S-; mental health; BIA fact finding; CAT deferral; Somalia [30:11] Sanchez v. Garland, No. 16-73745 (9th Cir. Mar. 11, 2021)past persecution; threats; gangs; women; social distinction; El Salvador [33:23] Lucaj v. Wilkinson, No. 20-1566 (1st Cir. Mar. 10, 2021)motion to reopen based on materially changed country conditions; deterioration of conditions; asylum; Albania [36:03] Lopez v. Garland, No. 20-3762 (6th Cir. Mar. 12, 2021) in absentia motion to reopen; notice to appear (NTA) in native language [37:55] Arguijo v. USCIS, No. 13-cv-05751 (7th Cir. Mar. 12, 2021) Violence Against Women Act; VAWA; stepchild; dictionary definition*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/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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Mar 8, 2021 • 29min

Ep. 45 - Precedential Decisions from 2/29/2021 - 3/7/2021 (burdens; categorical approach; relief from removal; asylum; family affidavits; motion to reopen and VAWA cancellation of removal; asylum and firm resettlement bar; threats)

Pereida v. Wilkinson, No. 19-438 (U.S. Mar. 4, 2021)burdens; categorical approach; relief from removal; ambiguous criminal conviction; attempted criminal impersonation in violation of Neb. Rev. Stat. § 28–638; CIMT   Arita-Deras v. Wilkinson, No. 19-1978 (4th Cir. Mar. 4, 2021)asylum; corroboration; family affidavits; Honduras; family based particular social group; gangs; death threats White v. Wilkinson, No. 19-3517 (8th Cir. Mar. 4, 2021)motion to reopen; VAWA cancellation; good moral character; discretion Ali Aden v. Wilkinson, No. 17-71313 (9th Cir. Mar. 4, 2021)asylum; firm resettlement bar; past persecution; threats; beatings; imputed religion; Somalia; Al-Shabaab *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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Mar 1, 2021 • 39min

Ep. 44 - Precedential Decisions from 2/16/2021 - 2/28/2021 (INA § 245(i); meritorious in fact; VAWA cancellation; presumption of credibility; political opinion - gangs; protective orders; particularly serious crime; controlled substance divisibility)

[2:26] Oliveira v. Wilkinson, No. 19-1258 (1st Cir. Feb. 22, 2021)INA § 245(i) adjustment of status; approvable when filed; meritorious in fact; Matter of Butt [10:11] Matter of L-L-P-, 28 I&N Dec. 241 (BIA 2021)special rule cancellation of removal under INA § 240A(b)(2); statutory construction; legislative intent  [15:42] Molina-Diaz v. Wilkinson, No. 15-2321 (1st Cir. Feb. 25, 2021)clean credibility finding; adverse credibility; presumption of credibility; corroboration; Honduras; MUCA; CAT; withholding of removal  [20:20] Zelaya-Moreno v. Wilkinson, No. 17-2284 (2d Cir. Feb. 26, 2021)political opinion; gang recruitment; opposition to corruption; El Salvador   [27:05] Sunuwar v. Att'y Gen. U.S., No. 20-2091 (3d Cir. Feb. 25, 2021)particularly serious crime; Matter of N-A-M-; length of sentence; strangulation under 18 Pa. Cons. Stat. § 2718(a); contempt under 23 Pa. Cons. Stat. § 6114(a) for disobeying a protective order; INA § 237(a)(2)(E)(ii), violation of protective order; adverse credibility [33:05] Lazo v. Wilkinson, No. 14-73182 (9th Cir. Feb. 26, 2021)controlled substance offense; INA § 237(a)(2)(B)(i); California Health and Safety Code § 11350; divisibility; jury instructions *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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Feb 22, 2021 • 16min

Ep. 43 - Precedential Decisions from 2/15/2021 - 2/21/2021 (particularly serious crime; firearms trafficking; nexus for asylum; mixed motive; "one reason" for withholding; Mexico)

Chacon v. Wilkinson, No. 18-71515 (9th Cir. Feb. 18, 2021)particularly serious crime; importing, manufacturing, or dealing in firearms without a license in violation of 18 U.S.C. § 922(a)(1)(A); aggravated felony; illicit trafficking in firearms; categorical approachNaranjo Garcia v. Wilkinson, No. 19-72803 (9th Cir. Feb. 18, 2021)nexus; mixed motive; asylum; particular social group; family; property owner; gang recruitment; “one reason” and “a reason” for withholding of removal*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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Feb 15, 2021 • 35min

Ep. 42 - Precedential Decisions from 2/8/2021 - 2/14/2021 (asylum; particular social group; nexus; particularly serious crime; mental health; adverse credibility; torture - "rogue official," solitary confinement; motion to reopen - OSC)

[2:53] Diaz De Gomez v. Wilkinson, No. 19-2115 (4th Cir. Feb. 8, 2021)asylum; nexus; particular social group; nuclear family; extortion; gang recruitment; death threats; Los Zetas; Guatemala; Matter of A-B- II; Matter of L-E-A- II  [8:36] Macedo Templos v. Wilkinson, No. 15-73122 (9th Cir. Feb. 9, 2021) withholding of removal; particular social group; nexus; “Mexican wealthy business owners”; Convention Against Torture; “rogue official” [12:51] Santos-Ponce v. Wilkinson, No. 18-72433 (9th Cir. Feb. 10, 2021)asylum; particular social group; “young Christian males who resist gang recruitment”; Honduras [15:33] Zaruma-Guaman v. Wilkinson, No. 20-1533 (1st Cir. Feb. 9, 2021)asylum; adverse credibility; inconsistencies;  sworn statement; Ecuador  [18:47] Shazi v. Wilkinson, No. 19-2842 (8th Cir. Feb. 11, 2021)particularly serious crime; Matter of G-G-S-; mental health; terroristic threats; Nasrallah - particularly serious crime; withholding; Iraq  [25:45] Gallina v. Wilkinson, No. 17-4058 (2d Cir. Feb. 12, 2021)deferral of removal under the Convention Against Torture; “other procedures” under CAT regulations; mafia; solitary confinement; Italy [30:33] Perez-Perez v. Wilkinson, No. 20-1048 (7th Cir. Feb. 11, 2021)motion to reopen; in absentia; deportation proceedings; Periera v. Sessions; Order to Show Cause*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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Feb 8, 2021 • 28min

Ep. 41 - Precedential Decisions from 2/1/2021 - 2/7/2021 (serious non-political crime; Red Notice; probable cause; jurisdiction; non-LPR cancellation of removal; corroboration; credibility; reinstatement; illegal reentry)

[2:44] Barahona v. Wilkinson, No. 20-1546 (8th Cir. Feb. 3, 2021) serious non-political crime; asylum; probable cause; INA §§ 208(b)(2)(A)(iii), 241(b)(3)(B)(iii); burdens; Interpol Red Notice  [9:00] Tibakweitira v. Wilkinson, No. 18-60459 (5th Cir. Feb. 2, 2021) withholding of removal; jurisdiction; particularly serious crime; INA § 242(a)(2)(C); Nasrallah; three member panel (BIA) and due process; motion to reopen  [13:56] Martinez-Baez v. Wilkinson, No. 20-1078 (7th Cir. Feb. 1, 2021) corroboration; credibility; cancellation of removal; jurisdiction; INA § 242(a)(2)(B); INA § 242(a)(2)(D); statutory headings; Guerrero-Lasprilla  [21:04] Tomczyk v. Wilkinson, No. 16-72926 (9th Cir. Feb. 3, 2021) reinstatement; INA § 241(a)(5);  illegal entry; procedurally proper admission; waive through; statutory analysis*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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Feb 1, 2021 • 37min

Ep. 40 - Precedential Decisions from 1/25/2021 - 1/31/2021 (particular social group; particularity; former gang members; past persecution - attempted rape; voluntary departure; stop-time rule; CIMT; continuance, U-Visa, and motion to reopen)

[2:26] Amaya v. Rosen, No. 19-1619 (4th Cir. Jan. 25, 2021)asylum; particular social group; particularity; former gang members; MS-13; El Salvador [8:36] Kaur v. Wilkinson, No. 18-73001 (9th Cir. Jan. 29, 2021) past persecution; attempted gang rape; sexual violence; nexus to government actor even when political party not in power; India; Mann Party [14:14] Matter of H-L-S-A-, 28 I&N Dec. 228 (BIA 2021)asylum; particular social group; social distinction; gangs; criminal witnesses; public testimony; MS-13; persecution in the United States [20:11] Matter of Viera-Garcia and Ordonez-Viera, 28 I&N Dec. 223 (BIA 2021)NTA; Pereira v. Sessions; voluntary departure; INA § 240B(b); stop-time rule [24:39] Munoz-Rivera v. Wilkinson, No. 19-60376 (5th Cir. Jan. 27, 2021)crime involving moral turpitude (CIMT); deception; use of an unauthorized social security number in violation of 42 U.S.C. § 408(a)(7)(B)[29:24] Granados Benitez v. Wilkinson, No. 20-1541 (1st Cir. Jan. 28, 2021) motion to reopen; changed circumstances; additional evidence; continuances; Matter of L-A-B-R-; U-Visa*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/4.0Support the show
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Jan 27, 2021 • 41min

Special Episode - Interview with Ed Ramos, Partner at KKTP (jurisdiction, discretion, petitions for review, and petitions for certiorari)

[1:48] Introduction [2:53] Interview with Ed RamosClick this link to learn more about Ed!Helpful resources for issues discussed on the episode:Mechanics of filing a PFR Practice Advisory on Guerrero-Lasprilla Practice Advisory on materiality post-PatelPractice Advisory on jurisdiction post-Patel*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, San Diego, 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/4.0Support the show
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Jan 25, 2021 • 19min

Ep. 39 - Precedential Decisions from 1/18/2021 - 1/24/2021 (divisibility of drug offenses; different penalties; motions to reopen; equitable tolling; exhaustion)

[2:39] Matter of Dikhtyar, 28 I&N Dec. 214 (BIA 2021)modified categorical approach; divisibility; Utah Code § 58-37-8(2)(a)(i); controlled substance offenses; different penalties  [10:25] Nkomo v. Att’y Gen. U.S., No. 19-2781 (3d Cir. Jan. 21, 2021)motion to reopen; equitable tolling; 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, San Diego, 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/4.0Support the show
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Jan 18, 2021 • 37min

Ep. 38 - Precedential Decisions from 1/5/2021 - 1/17/2021 (asylum; unable or unwilling to protect; nexus; past persecution; reasonable fear; exceptional circumstances for reopening; admin closure; repapering)

 [2:13] Matter of A-B-, 28 I&N Dec. 199 (A.G. 2021) past persecution; unable or unwilling; relocation; nexus; but-for cause; Brand-X and Chevron   [8:52] Al Amiri v. Rosen, No. 19-1447 (1st Cir. Jan. 11, 2021) asylum; Iraq; objectively reasonable fear; nexus; trips to country of removal   [13:05] Hussein v. Rosen, No. 18-70780 (9th Cir. Jan. 11, 2021) asylum; due process rights of pro se respondents; IJ’s duty to develop the record   [17:34] Hassan v. Rosen, No. 19-2918 (8th Cir. Jan. 15, 2021) CAT deferral; minority clan; Somalia; acquiescence and willful blindness; repatriation program for Al-Shabaab defectors   [20:04] E.A.C.A. v. Rosen, No. 20-3216 (6th Cir. Jan. 12, 2021) motion to reopen; in absentia; exceptional circumstances; child birth; totality of circumstances; minor child   [26:29] Zelaya Diaz v. Rosen, No. 20-1304 (7th Cir. Jan. 15, 2021) administrative closure; Accardi doctrine; repapering; cancellation of removal  [31:32] Meraz-Saucedo v. Rosen, No. 20-1438 (7th Cir. Jan. 15, 2021) cancellation of removal; Pereira; timeliness; prejudice; Matter of Mendoza-Hernandez; nexus*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/4.0Support the show

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