Immigration Review

United States v. Kousisis (CA3), Ed’s Article, and Kim’s Award!federal loss amount; U.S.S.G. § 2B1.1; Child Status Protection Act (CSPA); my wife! (Borat voice) St. John v. Garland, No. 22-1695 (1st Cir. Sept. 19, 2023)finality of conviction; Matter of J.M. Acosta; vacating conviction in Massachusetts; negative inferenceLink to Edward Ramos's CSPA Article!Sponsors and friends of the podcast!Kurzban Kurzban Tetzeli and Pratt P.A.Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.Docketwise"Modern immigration software & case management"Joorney Business Plans"Business-critical documents for every stage of your journey"For 30% off use code: REVJOORNEY30  CONTACT INFORMATIONEmail: kgregg@kktplaw.comFacebook: @immigrationreviewInstagram: @immigrationreviewTwitter: @immreviewAbout your hostCase notesRecent criminal-immigration article (p.18)Featured in San Diego VoyagerDISCLAIMER:Immigration Review® is a podcast made available for educational purposes only. It does not provide legal advice. Rather, it offers general information and insights from publicly available immigration cases. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the host. The podcast should not be used as a substitute for competent legal advice from a licensed attorney in your state.MUSIC CREDITS:"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0 Support the show

Hermosillo v. Garland, No. 18-71220 (9th Cir. Sept. 14, 2023)reasonable fear interview; reasonable possibility standard; 10%; credible testimony satisfies nexus and police acquiesce Rudnitskyy v. Garland, No. 21-1098 (9th Cir. Sept. 14, 2023)“rendered inadmissible”; INA § 240A(d)(1)(B); cancellation of removal; stop-time rule; Barton Matter of Cabrera-Fernandez, 28 I&N Dec. 747 (BIA 2023)humanitarian parole under INA § 212(d)(5)(A); conditional parole under INA § 236(a)(2)(B); Jennings; applicant for admission; Cuban Adjustment Act Peguero Vasquez v. Garland, No. 21-6380 (2d Cir. Sept. 13, 2023)possession of a forged instrument under N.Y. Pen. Law § 170.20; retroactivity; N.Y. Pen. Law. § 70.15(1-a); CIMT; one year term of imprisonment; vacatur of conviction (dicta) Avila v. Att’y Gen. U.S., No. 22-1374 (3d Cir. Sept. 14, 2023)N.J. Stat. §  2C:20-4(a); CIMT; Matter of S. Wong; definition of conviction under INA § 101(a)(48)(A); Chevron; Castillo; sexual violence asylum claims; Honduras; A-R-C-G- Munoz-De Zalaya v. Garland, No. 22-60505 (5th Cir. Sept. 12, 2023)Salvadoran business owners; nexus; particular social group; gangs; El Salvador; deficient NTA; Santos-Zacaria; exhaustion  Solis-Flores v. Garland, No. 22-1147 (4th Cir. Sept. 11, 2023)receipt of stolen property CIMT; VA Code § 18.2-108; realistic probability test; post conclusion voluntary departure; 8 C.F.R. § 1240.26(c)(3)(i); timing to advise voluntary departure bondSponsors and friends of the podcast!Kurzban Kurzban Tetzeli and Pratt P.A.Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.Docketwise"Modern immigration software & case management"Joorney Business Plans"Business-critical documents for every stage of your journey"For 30% off use code: REVJOORNEY30  Want to become a patron?Click here to check out our Patreon Page!CONTACT INFORMATIONEmail: kgregg@kktplaw.comFacebook: @immigrationreviewInstagram: @immigrationreviewTwitter: @immreviewAbout your hostCase notesDISCLAIMER:Immigration Review® is a podcast made available for educational purposes only. It does not provide legal advice. Rather, it offers general information and insights from publicly available immigration cases. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the host. The podcast should not be used as a substitute for competent legal advice from a licensed attorney in your state.MUSIC CREDITS:"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0 Support the show

USA v. Minter, No. 21-3102 (2d Cir. Sept. 6, 2023)sale of cocaine; N.Y. Penal Law § 220.39; serious drug offense; definition of isomer; realistic probability test Matter of C-G-T-, 28 I&N Dec. 740 (BIA 2023)one-year deadline; gay men in the Dominican Republic; reasonableness of reporting harm to police; reporting harm as child; sexual identity as immutable; statement of persecutor and nexus  Ponce-Flores v. Garland, No. 21-2377 (4th Cir. Sept. 6, 2023)gang-based CAT deferral; aggregate torture; police corruption; acquiescence; former gang member; MS-13; harm in U.S. prison; Honduras Velázquez v. Garland, No. 22-9576 (10th Cir. Sept. 8, 2023)voluntary departure; deadline on a weekend; extending statutory deadline; motion to reopen; failure to depart Martinez-De Umana v. Garland, No. 22-60340 (5th Cir. Sept. 8, 2023)gang-based asylum fear; MS-13; Matter of Fuentes; fear because prison guard or police officer; Dr. Thomas Boerman; considering expert testimony; Ministry of Justice; El Salvador Alonso-Juarez v. Garland, No. 15-72821 (9th Cir. Sept. 8, 2023)reasonable fear review; Nasrallah; 30 day rule; claims processing rule; jurisdiction; Guzman Chavez; final order of removal; reinstatement; Bhaktibhai-Patel; Santos-Zacaria; Suspension ClauseSponsors and friends of the podcast!Kurzban Kurzban Tetzeli and Pratt P.A.Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.Docketwise"Modern immigration software & case management"Joorney Business Plans"Business-critical documents for every stage of your journey"For 30% off use code: REVJOORNEY30  Want to become a patron?Click here to check out our Patreon Page!CONTACT INFORMATIONEmail: kgregg@kktplaw.comFacebook: @immigrationreviewInstagram: @immigrationreviewTwitter: @immreviewAbout your hostCase notesRecent criminal-immigration article (p.18)Featured in San Diego VoyagerDISCLAIMER:Immigration Review® is a podcast made available for educational purposes only. It does not provide legal advice. Rather, it offers general information and insights from publicly available immigration cases. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the host. The podcast should not be used as a substitute for competent legal advice from a licensed attorney in your state.MUSIC CREDITS:"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0 Support the show

Pomavilla-Zaruma v. Garland, No. 20-3230 (2d Cir. Aug. 30, 2023)credibility; border interview; credible fear interview transcript; Ramsameachire factors Trejo-Gamez v. Garland, No. 21-3329 (8th Cir. Aug. 30, 2023)jurisdiction; motion to reopen to present new evidence; ineffective assistance of counsel; Patel; abuse of discretion Uulu v. Garland, No. 22-1973 (7th Cir. Sept. 1, 2023)adverse credibility; inconsistencies; corroborating inconsistent testimony; recollection and trauma; Kyrgyzstan Al-Hasani v. DHS, No. 22-1603 (3d Cir. Aug. 30, 2023)naturalization; good moral character; INA § 101(f); definition of polygamy; bigamy; INA § 212(a)(10)(A); Chevron deference; Matter of G-; definition of practice Lin v. Garland, No. 22-3807 (6th Cir. Sept. 1, 2023)objective fear of persecution; underground house church Christian; opposition to family planning; longtime police interest in arrest; past harm and future individualized risk; reasonableness of relocation; 8 C.F.R. § 210.13(b)(3);ChinaFlores-Vasquez v. Garland, No. 20-73447 (9th Cir. Aug. 31, 2023)CIMT; Or. Rev. Stat. § 163.190; Matter of J-G-P-; assault; menacing; intent to fearSponsors and friends of the podcast!Kurzban Kurzban Tetzeli and Pratt P.A.Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.Docketwise"Modern immigration software & case management"Joorney Business Plans"Business-critical documents for every stage of your journey"For 30% off use code: REVJOORNEY30  Want to become a patron?Click here to check out our Patreon Page!CONTACT INFORMATIONEmail: kgregg@kktplaw.comFacebook: @immigrationreviewInstagram: @immigrationreviewTwitter: @immreviewAbout your hostCase notesRecent criminal-immigration article (p.18)Featured in San Diego VoyagerDISCLAIMER:Immigration Review® is a podcast made available for educational purposes only. It does not provide legal advice. Rather, it offers general information and insights from publicly available immigration cases. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the host. The podcast should not be used as a substitute for competent legal advice from a licensed attorney in your state.MUSIC CREDITS:"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0 Support the show

Murillo Morocho v. Garland, No. 22-1881 (1st Cir. Aug. 21, 2023)CAT deferral; prosecution as persecution; consent or acquiesce; willful blindness; prison violence in Ecuador Montoya-Lopez v. Garland, No. 23-1036 (1st Cir. Aug. 21, 2023)past persecution; particular social group; “family members of a business owner perceived as wealthy”;  "people who have fled gangs instead of continuing to pay extortion"; extortion as persecution; economic deprivation; El Salvador Munoz-Rivera v. Garland, No. 22-3124 (7th Cir. Aug. 24, 2023)domestic violence type asylum; material inconsistency; waiver of argument Robbertse v. Garland, No. 22-1739 (8th Cir. Aug. 21, 2023)wire fraud; 18 U.S.C. § 1343; aggravated identity theft; 18 U.S.C. § 1028A(c)(5); INA § 101(a)(43)(M)(i); circumstance specific approach; over $10,000; sentencing documents and burdens; plea colloquy; particularly serious crime; N-A-M- Deng v. Garland, No. 22-3621 (8th Cir. Aug. 25, 2023)CAT deferral; child soldier; South Sudan; hypothetical link in the chain; torture in prison; mental healthSponsors and friends of the podcast!Kurzban Kurzban Tetzeli and Pratt P.A.Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.Docketwise"Modern immigration software & case management"Joorney Business Plans"Business-critical documents for every stage of your journey"For 30% off use code: REVJOORNEY30  Want to become a patron?Click here to check out our Patreon Page!CONTACT INFORMATIONEmail: kgregg@kktplaw.comFacebook: @immigrationreviewInstagram: @immigrationreviewTwitter: @immreviewAbout your hostCase notesRecent criminal-immigration article (p.18)Featured in San Diego VoyagerDISCLAIMER:Immigration Review® is a podcast made available for educational purposes only. It does not provide legal advice. Rather, it offers general information and insights from publicly available immigration cases. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the host. The podcast should not be used as a substitute for competent legal advice from a licensed attorney in your state.MUSIC CREDITS:"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0 Support the show

IntroICE tweet!Breanna Cary shout out! - bcary.law@gmail.com Matter of J-G-R-, 28 I&N Dec. 733 (BIA 2023)CAT protection; under color of law; police uniforms; § 1983; official capacity; O-F-A-S-; Ninth Circuit difference USA v. Campos, No. 21-3524 (8th Cir. Aug. 15, 2023)controlled substance offense; Texas Health & Safety Code § 481.112; means vs. elements; attempted delivery; Ochoa-Salgado; federal attempt definition  Green v. Garland, No. 22-2335 (8th Cir. Aug. 16, 2023)crime of violence; INA § 101(a)(43)(F); Hobbs Act robbery; Taylor; § 212h) review notwithstanding Patel Malik v. DHS, No. 22-10772 (5th Cir. Aug. 17, 2023)with special guest Ira Kurzban!; border search; cell phone search; reasonable suspicion; injury  Kolov v. Garland, No. 22-3760 (6th Cir. Aug. 18, 2023)jurisdiction; final order of removal; Nasrallah; reviewability; Guzman-Chavez; withholding-only proceedings; omissions; adverse credibility  Aguayo v. Garland, No. 20-9651 (10th Cir. Aug. 18, 2023)termination; Matter of Garcia-Flores; prejudice; prolonged detention; egregious constitutional violation; regulatory violation Sponsors and friends of the podcast!Kurzban Kurzban Tetzeli and Pratt P.A.Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.Docketwise"Modern immigration software & case management"Joorney Business Plans"Business-critical documents for every stage of your journey"For 30% off use code: REVJOORNEY30  Want to become a patron?Click here to check out our Patreon Page!CONTACT INFORMATIONEmail: kgregg@kktplaw.comFacebook: @immigrationreviewInstagram: @immigrationreviewTwitter: @immreviewAbout your hostCase notesRecent criminal-immigration article (p.18)Featured in San Diego VoyagerDISCLAIMER:Immigration Review® is a podcast made available for educational purposes only. It does not provide legal advice. Rather, it offers general information and insights from publicly available immigration cases. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the host. The podcast should not be used as a substitute for competent legal advice from a licensed attorney in your state.MUSIC CREDITS:"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0 Support the show

Helen Tarokic's T-Visa training link! Fonseca-Fonseca v. Garland, No. 20-71977 (9th Cir. Aug. 8, 2023)prima facie standard; Coelho; L-O-G-; reasonable likelihood; motion to reopen Garcia-Gonzalez v. Garland, No. 22-60501 (5th Cir. Aug. 7, 2023)ineffective assistance of counsel motion to reopen; prima facie eligibility; prejudice; sua sponte reopening; family based particular social groupSign Rekha's Lozada Petition! https://bit.ly/3FlDGeZ Yoc Esteban v. Garland, No. 22-1778 (1st Cir. Aug. 7, 2023)ineffective assistance of counsel motion to reopen; prima facie eligibility; prejudice; failure to specific particular social group Vila-Castro v. Garland, No. 21-2011 (1st Cir. Aug. 8, 2023)unable or unwilling; acquiesce; police inaction; American Popular Revolutionary Alliance (“APRA”); Peru Reyes-Corado v. Garland, No. 18-70225 (9th Cir. Aug. 11, 2023)changed country condition motion to reopen; reliance on affidavits; Guatemalan Civil War; family dispute; no need to file new asylum application Wojciechowicz v. Garland, No. 22-1086 (7th Cir. Aug. 8, 2023)Governor’s pardon; inadmissibility; statute vs. FAM; ICE ignoring stay; INA § 237(a)(2)(A)(vi) USA v. Cheboss, No. 22-2617 (8th Cir. Aug. 11, 2023)denaturalization; material misrepresentation; Maslenjak; materiality; INA § 101(f)(6); definition of testimony; false statement for someone else’s immigration benefit  USA v. Lopez, No. 21-12709 (11th Cir. Aug. 7, 2023)categorical approach and conspiracy offenses; CIMT; denaturalization; conspiracy to commit money laundering; 18 U.S.C. § 1956(h); divisibility; overbroad Indictment; 18 U.S.C. § 1956(a)(1)(B); 18 U.S.C. § 1957; base vile or depraved even if deceit; ZarateSponsors and friends of the podcast!Kurzban Kurzban Tetzeli and Pratt P.A.Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.Docketwise"Modern immigration software & case management"Joorney Business Plans"Business-critical documents for every stage of your journey"For 30% off use code: REVJOORNEY30  CONTACT INFORMATIONEmail: kgregg@kktplaw.comFacebook: @immigrationreviewInstagram: @immigrationreviewTwitter: @immreviewDISCLAIMER:Immigration Review® is a podcast made available for educational purposes only. It does not provide legal advice. Rather, it offers general information and insights from publicly available immigration cases. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the host. The podcast should not be used as a substitute for competent legal advice from a licensed attorney in your state.MUSIC CREDITS:"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0 Support the show

Mancia v. Garland, No. 22-1599 (1st Cir. Aug. 4, 2023)NACARA; sua sponte motion to reopen; suspension of deportation; failure to depart with voluntary departure Bazile v. Garland, No. 22-1767 (1st Cir. Aug. 4, 2023)venue; Matter of Garcia; completed proceedings; CAT deferral; Lavalas; Haiti Arostegui-Maldonado v. Garland, No. 22-9554 (10th Cir. Aug. 1, 2023)CAT; under color of law; final order of removal; Nasrallah; reviewability; withholding-only proceedings; application of law to facts; mixed question of law and fact; de novo review; O-F-A-S-; Costa Rica Sponsors and friends of the podcast!Kurzban Kurzban Tetzeli and Pratt P.A.Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.Docketwise"Modern immigration software & case management"Joorney Business Plans"Business-critical documents for every stage of your journey"For 30% off use code: REVJOORNEY30  CONTACT INFORMATIONEmail: kgregg@kktplaw.comFacebook: @immigrationreviewInstagram: @immigrationreviewTwitter: @immreviewAbout your hostCase notesRecent criminal-immigration article (p.18)Featured in San Diego VoyagerDISCLAIMER:Immigration Review® is a podcast made available for educational purposes only. It does not provide legal advice. Rather, it offers general information and insights from publicly available immigration cases. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the host. The podcast should not be used as a substitute for competent legal advice from a licensed attorney in your state.MUSIC CREDITS:"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0 Support the show

Chen v. Garland, No. 19-715 (2d Cir. July 25, 2023) credibility; probative omission; trivial inconsistency; no requirement to list all persecution in asylum statement; supplemental rather than inconsistent; cultural context; totality of circumstances; de minimus inconsistency  Amador Duenas v. Garland, No. 18-71987 (9th Cir. July 27, 2023) Constitutionality of BIA members; Appointments Clause; Principal Officers; Inferior Officers  Diaz Mejia v. Garland, No. 21-2088 (7th Cir. July 27, 2023) failure to exhaust; waiver of argument  Cela v. Garland, No. 22-1322 (4th Cir. July 28, 2023) INA § 209 adjustment of status; asylee vs. refugee; termination of asylum status; Chevron deference; Matter of T-C-A-; statutory interpretation  Bouarfa v. DHS, No. 22-12429 (11th Cir. July 28, 2023) INA § 242(a)(2)(B)(ii); revocation of I-130 petition; INA § 204(c); discretion; jurisdiction  Clement v. U.S. Att’y Gen., No. 21-13382 (11th Cir. July 28, 2023)  forfeiture of judicial review; derivate citizenship; Equal Protection; final order; motion to withdraw appeal; Ng Fung Ho; waiver of constitutional right  Bekhbat v. Garland, No. 22-2379 (8th Cir. July 27, 2023) motion to reconsider; administrative closure; automatic termination of voluntary departure Sponsors and friends of the podcast!Kurzban Kurzban Tetzeli and Pratt P.A.Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.Docketwise"Modern immigration software & case management"Joorney Business Plans"Business-critical documents for every stage of your journey"For 30% off use code: REVJOORNEY30  Capital Good Fund"A social change organization that uses financial services to tackle poverty in America."CONTACT INFORMATIONEmail: kgregg@kktplaw.comFacebook: @immigrationreviewInstagram: @immigrationreviewTwitter: @immreviewRecent criminal-immigration article (p.18)Featured in San Diego VoyagerDISCLAIMER:Immigration Review® is a podcast made available for educational purposes only. It does not provide legal advice. Rather, it offers general information and insights from publicly available immigration cases. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the host. The podcast should not be used as a substitute for competent legal advice from a licensed attorney in your state.MUSIC CREDITS:"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0 Support the show

 USA v. Rivera (3d Cir. July 19, 2023)federal definition of marijuana; hempMartinez v. Clark, et al., No. 21-35023 (9th Cir. May 30, 2023)detention; dangerousness; jurisdiction; INA § 236 De Leon Resendiz v. Exxon Mobil Corp., No. 21-2211 (4th Cir. July 10, 2023)42 U.S.C. § 1981; discrimination; DACA; temporary employment; alienageSponsors and friends of the podcast!Kurzban Kurzban Tetzeli and Pratt P.A.Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.Docketwise"Modern immigration software & case management"Joorney Business Plans"Business-critical documents for every stage of your journey"For 30% off use code: REVJOORNEY30  Capital Good Fund"A social change organization that uses financial services to tackle poverty in America."Want to become a patron?Click here to check out our Patreon Page!CONTACT INFORMATIONEmail: kgregg@kktplaw.comFacebook: @immigrationreviewInstagram: @immigrationreviewTwitter: @immreviewAbout your hostCase notesRecent criminal-immigration article (p.18)Featured in San Diego VoyagerDISCLAIMER:Immigration Review® is a podcast made available for educational purposes only. It does not provide legal advice. Rather, it offers general information and insights from publicly available immigration cases. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the host. The podcast should not be used as a substitute for competent legal advice from a licensed attorney in your state.MUSIC CREDITS:"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0 Support the show