Immigration Review

[2:03] Guerra v. Barr, No. 18-71070 (9th Cir. Sept. 11, 2020) deferral of removal under the CAT; mental health institution; Mexico; standard of review; de novo review[8:19] J.R. v. Barr, No. 18-72812 (9th Cir. Sept. 11, 2020) asylum; unable or unwilling to protect; El Salvador; Mara 18 gang *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 as Top 15 Immigration Podcasts! 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

Cases as discussed in order:[01:54] Matter of R-C-R-, 28 I&N Dec. 74 (BIA 2020)continuances; abandonment of relief; good cause; motion to reconsider; motion to reopen; due process; video hearings; televideo hearings[08:18] A.A. v. Att’y Gen. U.S., No. 171176 (3d Cir. Sept. 2, 2020)material support of terrorism; Tier III terrorist group; state actor; asylum, withholding of removal, convention against torture; Syria; statutory interpretation; absurd results; foreign relations; refoulement; Convention Relating to the Status of Refugees; terrorism exemption; terrorism waiver[13:33] Portillo-Flores v. Barr, No. 19-1591 (4th Cir. Sept. 2, 2020)asylum; unable or unwilling to control; substantial evidence standard; El Salvador; [18:50] Ahmed v. Barr, No. 183704 (8th Cir. Sept. 4, 2020)deferral of removal under the Convention Against Torture; conversion to Christianity from Islam; motion to reopen; Bangladesh; reviewability [22:17] Jaimes-Cardenas v. Barr, No. 19-71849 (9th Cir. Sept. 1, 2020) VAWA cancellation of removal; Violence Against Women Act; INA § 240A(b)(2); INA § 237(a)(7); INA § 240A(b)(5); statutory construction *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 as Top 15 Immigration Podcasts! 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

Cases as discussed in order:[03:04] Iman v. Barr, No. 17-72318 (9th Cir. Aug. 25, 2020) adverse credibility; unresponsive testimony; omissions; asylum; Somalia[09:11] Aliyev v. Barr, No. 19-72701 (9th Cir. Aug. 24, 2020)Motion to reopen to apply for asylum; 8 C.F.R § 1003.2(c)(1); attaching application to motion[12:03] Yoon, et al. v. Barr, Nos. 17-70624, 17-70670 (9th Cir. Aug. 25, 2020)perjury; Cal. Pen. Code § 118(a); Matter of Alvarado; INA § 101(a)(43)(S)[16:44] Soto-Vittini v. Barr, No. 19-1372 (1st Cir. Aug. 24, 2020)INA § 101(a)(43)(B); illicit trafficking in a controlled substance; mens rea; accomplice liability; Mass. Gen. Laws ch. 94C, § 32A(a) [19:44] Franjul-Soto v. Barr, No. 19-1859 (1st Cir. Aug. 24, 2020)VAWA; evidentiary standard for motion to reopen; prima facie case for motion to reopen[23:07]  Flores-Moreno v. Barr, No. 19-60017 (5th Cir. Aug. 24, 2020)motion to reopen; equitable tolling; due diligence; ineffective assistance of counsel[26:14]  Romero v. Att’y Gen. U.S., No. 193550 (3d Cir. Aug. 25, 2020)withholding of removal; reasonable fear; standard of review; Mexico[31:47] Listener Question*Want to become a patron of Immigration Review? Check out our Patreon page at https://www.patreon.com/immigrationreview *CONTACT INFORMATIONEmail: kgregg@kktplaw.com Facebook: "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 as Top 15 Immigration Podcasts! 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

Cases as discussed in order:[02:16] Rampersaud v. Barr, No. 19-825 (2d Cir. Aug. 19, 2020)INA § 101(a)(43)(M)(i); loss exceeding $10,000; NYPL § 176.20; insurance fraud; NYPL § 155.30grand larceny; burdens[07:46] Mota v. Barr, No. 19-1385 (2d Cir. Aug. 17, 2020)Conn. Stat. § 21a-277(a)(1); CIMT; INA § 237(a)(2)(A)(ii); intent; reprehensible conduct; drug trafficking[10:10] Cabeda v. Att’y Gen. U.S., No. 19-1835 (3d Cir. Aug. 18, 2020)INA § 101(a)(43)(A); sexual abuse of a minor; 18 Pa. Cons. Stat. § 3123(a)(7); mens rea; realistic probability test[16:26] Abdullah v. Att’y Gen. U.S., No. 19-1167 (3d Cir. Aug. 20, 2020)motion for certification of late filed appeal; 8 C.F.R. § 1003.1(c); jurisdiction; BIA discretion[18:59] Argueta v. Barr, No. 18-2514 (4th Cir. Aug. 18, 2020)LPR cancellation; “rendered inadmissible”; Barton v. Barr[20:28] Cheneau v. Barr, No. 15-70636 (9th Cir. Aug. 19, 2020)derivative citizenship; 8 U.S.C. § 1432(a); 8 U.S.C. § 1431(a); 18 U.S.C. § 16(b)[26:14] Patel, et al. v. U.S. Att’y Gen., No. 17-10636 (11th Cir. Aug. 19, 2020)  (en banc)jurisdiction; INA § 242(a)(2)(B); false claim to citizenship; materiality*Want to become a patron of Immigration Review? Check out our Patreon page at https://www.patreon.com/immigrationreview *CONTACT INFORMATIONEmail: kgregg@kktplaw.com Facebook: "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 as Top 15 Immigration Podcasts! 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

Cases as discussed in order:[2:01] Akosung v. Barr, No. 17-72829 (9th Cir. Aug. 14, 2020)  asylum; reasonable relocation; particular social group; social distinction; marital rape; Cameroon[6:07] Syed v. Barr, No. 17-71727 (9th Cir. Aug. 12, 2020) CIMT; Cal. Pen Code § 288.3(a) vis a vis § 288: attempting to communicate with a child with the intent to commit lewd or lascivious acts upon that child; intent; knowledge; age of the child[12:02] Gomez Fernandez v. Barr, No. 19-70079 (9th Cir. Aug. 13, 2020) aggravated felony; Cal. Pen. Code §187(a); murder; INA § 101(a)(43)(A); divisibility[17:29] Enriquez v. Barr, No. 13-72934 (9th Cir. Aug. 13, 2020) VAWA; admission; admitted in any status; LPR cancellation of removal; INA § 240A(a)[23:06] Lopez-Garcia et al. v. Barr, No. 19-2081 (7th Cir. Aug. 11, 2020) motion to reconsider and motion to reopen to apply for asylum[24:56] Salazar-Marroquin v. Barr, No. 19-1669 (7th Cir. Aug. 13, 2020)motion to reopen; sua sponte; incorrect charge in NTA; Pereira and Ortiz motion to terminate; prejudice [29:08] Fatima Fuentes v.  Barr, No. 19-1773 (8th Cir. Aug. 12, 2020)asylum; particular social group; family claims; El Salvador[32:49] Lingeswaran v. U.S. Att’y Gen., No. 18-13489 (11th Cir. Aug. 13, 2020)asylum, withholding of removal, and protection under the Convention Against Torture; Sri Lanka*Want to become a patron of Immigration Review? Check out our Patreon page at https://www.patreon.com/immigrationreview *CONTACT INFORMATIONEmail: kgregg@kktplaw.com Facebook: "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 as Top 15 Immigration Podcasts! 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

Cases as discussed in order:[01:55] Valenzuela Gallardo v. Barr, No. 18-72593 (9th Cir. Aug. 6, 2020)INA § 101(a)(43)(S) aggravated felony “offense relating to obstruction of justice”; law of the case doctrine; “relating to”; Chevron deference[08:50] Diaz-Reynoso v. Barr, No. 18-72833 (9th Cir. Aug. 7, 2020)asylum; withholding of removal; torture protection; Mexico; Matter of A-B-; particular social group - circularity [17:05] Davila v. Barr, No. 17-72173 (9th Cir. Aug. 7, 2020)asylum; domestic violence; Nicaragua; unable or unwilling to protect; cherry picking the record[20:56] Matter of Nivelo Cardenas, 28 I&N Dec. 68 (BIA 2020)motion to reopen; in absentia; address requirement; duty to ensure correct information in NTA[24:41] Machado Sigaran v. Barr, No. 19-1282 (1st Cir. Aug. 5, 2020)temporary protected status (TPS); no-notice motion to reopen; appellate review; circuit review[28:53] Antonio Garcia v. Barr, No. 19-60097 (5th Cir. Aug. 4, 2020) sexual assault of a child; crime of child abuse; INA § 237(a)(2)(E)(i); Chevron deference[34:52] Cuevas-Nuno v. Barr, No. 20-3034 (6th Cir. Aug. 7, 2020)issue exhaustion; motion to reopen; extraordinary circumstances vs. sua sponte; circuit review[39:06] Galeano-Romero v. Barr, No. 19-9585 (10th Cir. Aug. 4, 2020)non-LPR cancellation of removal; exceptional and extremely unusual hardship; jurisdiction to review factual findings*Want to become a patron of Immigration Review? Check out our Patreon page at https://www.patreon.com/immigrationreview *CONTACT INFORMATIONEmail: kgregg@kktplaw.com Facebook: "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 as Top 15 Immigration Podcasts! 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

Cases as discussed in order:[01:55] Matter of Reyes, 28 I&N Dec. 52 (A.G. 2020) categorical approach; aggravated felony; theft; fraud; NY Pen. L. § 155.40(1) [10:25] Orellana v. Barr, No. 19-70164 (9th Cir. July 28, 2020) CIMT; Cal. Pen Code § 646.9(a); stalking; Skidmore deference; single scheme of criminal conduct [13:46] Johnson v. Barr, No. 19-9550 (10th Cir. July 31, 2020) categorical approach; divisibility; Colorado Revised Statutes § 18-18-403.5(1), (2)(a); drug schedules [18:03] Gao v. Barr, No. 18-358 (2d Cir. July 28, 2020) asylum; credibility; religious persecution; China; Chinese Christians [21:30] Sathanthrasa v. Att'y Gen. U.S., No. 18-2925 (3d Cir. July 30, 2020) asylum; withholding; 8 C.F.R. § 1208.16(e); family unity; Sri Lanka; discretion [26:58] Gjetani v. Barr, No. 18-60827 (5th Cir. July 30, 2020) asylum; political opinion; Albania; past persecution; standard of review [30:56] Deep v. Barr, No. 19-60391 (5th Cir. July 27, 2020) motion to reopen; changed country conditions; India  [33:48] Marqus v. Barr, No. 18-4252 (6th Cir. July 30, 2020)  deferral of removal; Chaldean Christian; Convention Against Torture; Iraq [36:36] Lasu v. Barr, No. 18-3550 (8th Cir. July 31, 2020) deferral of removal; Convention Against Torture; Egypt; South Sudan; minority clans [39:32] Alzawed v. Barr, No. 19-2425 (8th Cir. July 31, 2020) deferral of removal; Convention Against Torture; Iraq; res judicata *Want to become a patron of Immigration Review? Check out our Patreon page at https://www.patreon.com/immigrationreview *CONTACT INFORMATIONEmail: kgregg@kktplaw.com Facebook: "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 as Top 15 Immigration Podcasts! 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

Cases as discussed in order:[2:31] Matter of P-B-B-, 28 I&N Dec. 43 (BIA 2020) controlled substance offenses; divisibility; ARS § 13-3407; Arizona [8:48] Dale v. Barr, No. 18-1081 (2d Cir. July 23, 2020) derivative citizenship; 8 U.S.C. § 1432(a); equal protection; New York; NYPL § 120.05(2) aggravated assault; 8 U.S.C. § 16(a) [13:41] Shire v.  Barr, No. 19-1714 (8th Cir. July 23, 2020) motion to reopen; changed country conditions; Somalia  [15:35] Gonzalo Dominguez v. Barr, 18-72731 (9th Cir. July 21, 2020)drug trafficking aggravated felonies; divisibility; manufacturing; delivery; particularly serious crimes; Oregon Revised Statutes; ORS § 475.992(1)(a)  [22:08] Sanabria Morales v. Barr, No. 17-1634 (1st Cir. July 24, 2020) CAT; deferral of removal; Venezuela; particularly serious crime; drug trafficking; Matter of Y-L-; presumption [25:52] Blanco v. Att'y Gen. U.S., No. 19-3658 (3d Cir. July 24, 2020) asylum; persecution; harm; corroboration; Honduras [30:45] Sanchez et al. v. DHS et al., No. 19-1311 (3d Cir. July 22, 2020) TPS; admission [34:19] Santos-Alvarado v. Barr, 19-60432 (5th Cir. July 21, 2020) adverse credibility; asylum; exhaustion; due process; witness testimony; El Salvador  [37:35] Skripkov v. Barr, No. 19-3922 (6th Cir. July 20, 2020)  asylum; political opinion; anti-corruption; prosecution vs. persecution; Russia *Want to become a patron of Immigration Review? Check out our Patreon page at https://www.patreon.com/immigrationreview *CONTACT INFORMATIONEmail: kgregg@kktplaw.com Facebook: "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 as Top 15 Immigration Podcasts! 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

In this episode of Bill Crocker's "ReThinking" podcast, Bill chats with me about my background and experiences in practicing immigration law. I hope you enjoy it! Don't forget to check out other ReThinking episodes at https://anchor.fm/bill-crocker or wherever you get your podcasts!Facebook: @rethinkingpodc1Twitter: @rethinkingpodc1Instagram: @Bill4EarthDISCLAIMER: 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/4.0/Support the show

Cases as discussed in order:[1:55] Matter of O-F-A-S-, 28 I&N Dec. 35 (A.G. 2020)  CAT; public official; “under color of law”; rogue official [6:01] Matter of M-D-C-V-, 28 I&N Dec. 18 (BIA 2020) Migrant Protection Protocols; MPP; applicant for admission; arriving alien; asylum; right to counsel [12:07] Millan-Hernandez v. Barr, No. 18-2107 (2d Cir. July 13, 2020) motion to suppress; motion to terminate; Fourth Amendment; egregious violation; Constitution[17:38] Ordonez Azmen v. Barr, No. 17-982 (2d Cir. July 13, 2020)asylum; particular social group; former gang members; motion to remand; changed country conditions  [24:05] Jack et al. v. Barr, 18-842, 18-1479 (2d Cir. July 16, 2020)  firearm offense; firearm aggravated felony; antique firearms; realistic probability test [27:26] Nunez-Vasquez v. Barr, No. 19-1841 (4th Cir. July 13, 2020) CIMT; intent; morally reprehensible; identity theft[32:25] Escobedo-Marquez, et al. v. Barr, No. 19-1025 (7th Cir. July 13, 2020) asylum; persecution; well-founded fear; LGBTQ; pattern and practice; Mexico[36:14] Eduardo Rendon v. U.S. Att’y Gen., No. 19-10197 (11th Cir. July 14, 2020) LPR cancellation of removal; stop time rule; retroactivity *Want to become a patron of Immigration Review? Check out our Patreon page at https://www.patreon.com/immigrationreview *CONTACT INFORMATIONEmail: kgregg@kktplaw.com Facebook: "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 as Top 15 Immigration Podcasts! 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/4.0/Support the show