Immigration Review
Kevin A. Gregg, Esq. (kgregg@kktplaw.com)
A weekly podcast of immigration case summaries and practice insights from your host, Kevin A. Gregg, a partner at the law firm Kurzban Kurzban Tetzeli & Pratt P.A. Each Tuesday, the Immigration Review podcast reviews the latest published opinions from the U.S. Supreme Court, the Board of Immigration Appeals, and all U.S. Circuit Courts of Appeals—discussing some in depth, providing holdings for others, and always giving practical insights, rummaging through the week’s decisions so you don’t have to. *Read about your host and the KKTP law firm here: https://www.kktplaw.com/attorney/gregg-kevin-a/
Episodes
Mentioned books
Jul 13, 2020 • 36min
Ep. 11 - Precedential Decisions from 7/6/20 - 7/12/20 (challenging USCIS denials, changed country conditions, 212(h) waiver, inspection and admission, CIMT, petty theft, realistic probability test, firearms offense)
Cases as discussed in order:[1:28] Canal A Media Holding, LLC et al. v. USCIS, No. 18-cv-24027 (11th Cir. July 8, 2020) jurisdiction; APA; L-1A visas; nonimmigrant denials; challenging USCIS action [9:43] Sharif v. Barr, No. 19-1478 (8th Cir. July 7, 2020) motion to reopen; changed country conditions; Somalia; jurisdiction [15:27] Kilic v. Barr, No. 19-4076 (6th Cir. July 10, 2020) 212(h) waiver; equal protection; CAT; Bosnia [19:09] Ottey v. Barr, No. 18-834 (2d Cir July 7, 2020) inspection and admission; procedurally regular admission; burden of proof; due process; evidentiary burden; New York Penal Law § 165.5; CIMT [23:28] Silva v. Barr, No. 16-70130 (9th Cir. July 10, 2020) CIMT; petty theft; Cal. Pen Code § 484(a); categorical approach; changed country condition motions to reopen; Philippines [29:34] Gordon v. Barr, No. 19-1539 (4th Cir. July 8, 2020) realistic probability test; Virginia Code § 18.2-280(A); willful discharge of “any firearm” in a public place without resulting bodily injury; INA § 237(a)(2)(C) firearm offense *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
Jul 6, 2020 • 22min
Ep. 10 - Precedential Decisions from 6/29/20 - 7/5/20 (third-country transit rule, derivative citizenship, refugee status, particular social groups, & an exciting announcement!)
Cases as discussed in order:[1:26] Capital Area Immigrants’ Rights Coalition, et al. v. Trump, et al., No, 19-2117 (D.D.C. June 30, 2020) asylum; Administrate Procedures Act; APA; injunctions; third-country transit rule[8:25] Nastase v. Barr, No. 18-60264 (5th Cir. July 1, 2020) derivative citizenship; refugee status; lawful admission for permanent residence; INA § 209(c); discretionary waiver[13:30] Diaz Torres v. Barr, No. 18-70141 (9th Cir. June 29, 2020) particular social group; asylum; Mexico; Sinaloa; “agronomists who refuse to cooperate with drug cartels”*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
Jun 29, 2020 • 44min
Ep. 9 - Precedential Decisions from 6/22/20 - 6/28/20 (credible fear habeas corpus, administrative closure, CIMT, aggravated felony, in absentia motion to reopen, changed country conditions, CAT)
Cases as discussed in order:[01:44] DHS et al. v. Thuraissigiam, No. 19-161 (U.S. June 25, 2020) expedited removal; credible fear; habeas corpus; jurisdiction; due process; Suspension Clause[07:12] Meza-Morales v. Barr, No. 19-1999 (7th Cir. June 26, 2020) administrative closure; Matter of Castro Tum; U visa; INA § 212(d)(3)(A) waiver [14:04] Ortiz v. Barr, No. 19-1285 (8th Cir. June 23, 2020) CIMT; obstruction of legal process; obstruction of justice; general intent crimes [19:26] Gordon v. U.S. Att’y Gen., No. 18-14513 (11th Cir. June 24, 2020) aggravated felony; illicit trafficking; Georgia possession of a controlled substance with intent to distribute; ecstasy[26:02] Valadez-Lara v. Barr, No. 19-4013 (6th Cir. June 26, 2020) in absentia motion to reopen; notice; NTA[29:12] Tanusantoso, et al. v. Barr, No. 18-1440 (2d Cir. June 23, 2020) motion to reopen; changed country conditions; Indonesian Christians [32:57] Cedillos-Cedillos v. Barr, No. 18-2233 (4th Cir. June 26, 2020) asylum; El Salvador; “nuclear family”; witness to crime; nexus [35:52] Omar v. Barr, No. 18-3351 (8th Cir. June 26, 2020) CAT; deferral of removal; Somalia [39:06] Xochihua-Jaimes v. Barr, No. 18-71460 (9th Cir. June 26, 2020) CAT; deferral of removal; Mexico; acquiescence of a public official; relocation; Los Zetas; LGBTQ; lesbian*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
Jun 25, 2020 • 45min
Special Episode - Featuring author & founder of KKTP, Ira J. Kurzban, on SCOTUS's DACA decision, the history of DACA and the APA, their practical implications, and Immigrants' List
Special guest Ira J. Kurzban reviews SCOTUS's DACA Decision—DHS, et al. v. Regents of the University of California, et al., No. 18-587 (U.S. June 18, 2020). Topics as discussed in order:[01:50] Brief Overview and Breakdown of SCOTUS Votes[04:15] DACA Ruling[04:58] History of DACA[07:44] Expanded DACA and DAPA[13:17] History of APA[17:18] APA Reviewabilty[19:34] INA Preclusion/Jurisdiction-Stripping Statutes[23:24] Rescission of DACA is "arbitrary and capricious" in violation of the APA.[30:56] Thoughts on the Dissenting and Concurring Opinions[33:48] Equal Protection Claim[34:31] Saving the Court as an Institution[37:22] Practical Implications on Pending Federal Litigation[39:20] What should DACA/DACA-eligible recipients be doing right now?[40:13] Immigrants' List and "The End of Immigration under Trump.*Get involved with Immigrants' List! Web: https://www.immigrantslist.org Twitter: @ImmigrantsList1 Email: info@immigrantslist.org *About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/ Email: kgregg@kktplaw.com Facebook: "Immigration Review Podcast" or @immigrationreview Instagram: @immigrationreview Twitter: @immreview *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
Jun 22, 2020 • 26min
Ep. 8 - Precedential Decisions from 6/15/20 - 6/21/20 (DACA, K-1 fiance visa, right to counsel, visa waiver program, PSG)
Cases as discussed in order:[1:29] DHS, et al. v. Regents of the University of California, et al., No. 18-587 (U.S. June 18, 2020) DACA; Administrative Procedures Act; executive power [3:01] Matter of R. I. Ortega, 28 I&N Dec. 9 (BIA 2020) INA 204(c)(2); sham marriage; K-1 visa; conspiracy [9:48] Hernandez Lara v. Barr, No. 19-1524 (1st Cir. June 15, 2020) right to counsel; due process; prejudice; continuance [17:18] Damian Ferreyra v. Barr, Nos. 18-3021 & 19-2055 (7th Cir. June 16, 2020) visa waiver program; asylum; waiver of right to removal proceedings [21:46] Cordoba v. Barr, 17-71655 (9th Cir. June 16, 2020) asylum; particular social group; “wealthy landowners in Colombia” *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
Jun 15, 2020 • 30min
Ep. 7 - Precedential Decisions from 6/8/20 - 6/14/20 (controlled substance, realistic probability test, CAT, changed country condition motions to reopen, unaccompanied alien minor)
Cases as discussed in order:[1:11] Alexis v. Barr, No. 18-60748 (5th Cir. June 8, 2020) controlled substance; Texas; realistic probability test; categorical approach; CAT [9:40] Tejeda v. Barr, No. 13-74391 (9th Cir. June 8, 2020) controlled substance; California; categorical approach; divisibility [12:46] Martinez de Artiga v. Barr, No. 17-2898 (2d Cir. June 10, 2020) CAT; asylum; MS-13; gang recruitment[16:35] Matter of F-S-N-, 28 I&N Dec. 1 (BIA 2020) motion to reopen; changed country conditions; adverse credibility [23:19] Garcia v. Barr, No. 19-3489 (6th Cir. June 8, 2020) unaccompanied alien minor; jurisdiction; asylum; CAT *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
Jun 8, 2020 • 25min
Ep. 6 - Precedential Decisions from 6/1/20 - 6/7/20 (Torture Convention, due process, derivative citizenship, CIMT, ineffective assistance of counsel)
Cases as discussed in order:[1:13] Nasrallah v. Barr, No. 18-1432 (U.S. June 1, 2020)CAT; jurisdiction; INA § 242(a)(2)(C); final order of removal[7:39] Grigoryan v. Barr, No. 16-73652 (9th Cir. June 2, 2020)asylum termination; Report of Investigation; ROI[13:06] Roy v. Barr, No. 15-72942 (9th Cir. June 4, 2020)derivative citizenship; 8 U.S.C. § 1432(a)(3); equal protection[17:56] Moran v. Barr, No. 18-73167 (9th Cir. June 2, 2020)CIMT; Cal. Veh. Code § 2800.4; vehicular flight from a police officer while driving against traffic[20:48] Point Du Jour v. U.S. Att'y Gen., No. 18-15235 (11th Cir. June 4, 2020)ineffective assistance of counsel; Matter of Lozada; substantial compliance*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: http://immigrationreview.buzzsprout.com*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
Jun 1, 2020 • 33min
Ep. 5 - Precedential Decisions from 5/25/20 - 5/31/20 (firearms offense, CIMT, controlled substance, aggravated felony crime of violence, asylum)
Cases as discussed in order:[1:31] Williams v. Barr, No. 18-2535 (2nd Cir. May 27, 2020)antique firearms exception; INA § 237(a)(2)(C); categorical approach; realistic probability test[7:30] Mendez v. Barr, No. 18-801 (2nd Cir. May 27, 2020)CIMTs; Matter of Mendez, 27 I&N Dec. 219, 225 (BIA 2018); 18 U.S.C. § 4; misprision of a felony[14:54] Kondjoua v. Barr, No. 16-296 (2nd Cir. May 28, 2020)aggravated felony; crime of violence; INA § 101(a)(43)(F); 18 U.S.C. § 16(a); sexual assault; Conn. Gen. Stat. § 53a-72a(a)(1)[20:38] Bannister et al. v. Barr, No. 18-2638 (8th Cir. May 26, 2020) controlled substance offenses; categorical approach; Minn. Stat. § 152.025, subd. 2; fifth-degree possession of a controlled substance[24:56] Prieto-Pineda v. Barr, No. 19-1347 (8th Cir. May 28, 2020)asylum, withholding of removal, CAT; El Salvador; gangs; Mara-18[29:10] Chen v. Barr, No. 19-2375 (7th Cir. May 29, 2020)Pereira v. Sessions; INA § 240A(b); cancellation of removal; stop-time rule; claims processing rule*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: http://immigrationreview.buzzsprout.com*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
May 25, 2020 • 33min
Ep. 4 - Precedential Decisions from 5/18/20 - 5/24/20 (asylum, withholding of removal, domestic violence, pardons, ineffective assistance of counsel, u-visa)
Cases as discussed in order:[01:33] Guzman Vazquez v. Barr, No. 19-3417 (6th Cir. May 18, 2020)withholding of removal; “one central reason”; nexus; corroboration; opportunity to explain[11:02] Juan Antonio v. Barr, No. 18-3500 (6th Cir. May 19, 2020)asylum; particular social group; Matter of A-B-; Matter of A-R-C-G-, domestic violence; indigenous; Guatemala[18:30] Matter of Bay Area Legal Services, Inc., 27 I&N Dec. 837 (DIR 2020) non-attorney accreditation; EOIR Director; reconsideration [21:46] Thompson v. Barr, No. 18-1823 (1st Cir. May 21, 2020)sua sponte motion to reopen; pardons; INA 237(a)(2)(A)(vi); jurisdiction[26:47] Alvarez-Espino v. Barr, No. 19-2289 (7th Cir. May 20, 2020)ineffective assistance of counsel; u-visa; continuance; prejudice*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: http://immigrationreview.buzzsprout.com*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
May 18, 2020 • 27min
Ep. 3 - Precedential Decisions from 5/11/20 - 5/17/20 (sua sponte motion to reopen, agency deference, jurisdiction, retroactivity, CIMT, evidence, due process, asylum)
Cases as discussed in order:[01:20] Reyes Vargas v. Barr, No. 17-9549 (10th Cir. May 14, 2020) sua sponte motion to reopen; 8 C.F.R. § 1003.23(b)(1); departure bar; jurisdiction; Kisor; Auer; agency deference[10:30] Diaz Ortiz v. Barr, No. 19-1620 (1st Cir. May 15, 2020)asylum; El Salvador; MS-13; gangs; adverse credibility, evidentiary admissibility; due process[13:38] Francisco v. Att’y Gen. U.S., No. 19-2700 (3d Cir. May 15, 2020)CIMT; theft; Matter of Diaz-Lizarraga; retroactivity[16:45] Munoz-Granados v. Barr, No. 19-60758 (5th Cir. May 12, 2020)asylum, withholding of removal, and Convention Against Torture; Mexico; past persecution; death threats; gangs; persecution of family members; burdens[20:40] Lona v. Barr, No. 17-70329 (9th Cir. May 15, 2020)sua sponte motion to reopen; sua sponte motion reconsider; fundamental change in law; equitable tolling*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: http://immigrationreview.buzzsprout.com*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
