Immigration Review

Links!!!!All about AILAAll about Jeremey All about FarshadJeremy's AILA Annual Conference 2023 SpeechFarshad's AILA Annual Conference 2023 SpeechSponsors 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 hostMore episodesCase notesTop 15 immigration podcast in the U.S.Recent 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

Chicas-Machado v. Garland, No. 21-1381 (4th Cir. July 13, 2023)nexus; religion; evangelical Christian; OIL concession re: unable or unwilling to control MS-13; El Salvador Trejo Tepas v. Garland, No. 22-1049 (4th Cir. July 10, 2023)pro se asylum; Quintero; claims processing and exhaustion; unaccompanied minor; Santos-Zacaria; gang violence; El Salvador Santos Garcia v. Garland, No. 22-1463 (4th Cir. July 11, 2023)family based particular social group; gender; beyond nuclear family; Mara 18; Rodriguez-Arias v. Whitaker and J-F-F-; causal chain; El Salvador Lazo-Gavidia v. Garland, No. 20-2306 (4th Cir. July 12, 2023)deficient NTA in absentia motion to reopen; INA § 239(a); failure to update address; presumption of delivery; issue exhaustion Sanchez v. Garland, No. 22-1815 (1st Cir. July 14, 2023)nexus; particular social group; wealthy Salvadoran businessmen; family; extortion  Argueta-Hernandez v. Garland, No. 22-60307 (5th Cir. July 10, 2023)untimely petition for review; withholding; final order; Bhaktibhai-Patel; Nasrallah Arroyo-Sosa v. Garland, No. 22-1334 (8th Cir. July 13, 2023)motion to reopen; reconsider; Coelho vs L-O-G-; asylum Thok v. Garland, No. 22-2508 (8th Cir. July 13, 2023)Neb. Rev. Stat. § 28-511.01; shoplifting; aggravated felony theft; § 101(a)(43)(G); appropriate; deprive; mens rea Paucar v. Garland, No. 21-6043 (2d Cir. July 12, 2023)ineffective assistance of counsel; Patel; prejudice; prima facie; reasonable probability; presumption that children will join parents; U visa; Sanchez Sosa; remand; CoelhoSponsors 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: @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

Ullah v. Garland, No. 22-1026 (4th Cir. July 6, 2023)reasonable relocation; for the rest of one’s life standard; remand for a grant of asylum; family members left behind; Pro-American imputed political opinion; DHS burden; Pakistani Taliban; Pakistan Chen v. Garland, No. 21-1371 (4th Cir. July 6, 2023)corroboration; reasonableness of obtaining evidence; Wambura; threshold determination; otherwise credible; L-A-C-; one-year asylum deadline; changed circumstances; failure to consider evidence; State Department Reports; House Church; Christian; China Osorio-Morales v. Garland, No. 22-2909 (7th Cir. July 5, 2023)unable or unwilling; family violence; failure to report to police; police investigation; systemic failure to protect; Honduras Uriostegui-Teran v. Garland, No. 22-2472 (8th Cir. July 6, 2023) particularity; social distinction; particular social group; family group; ranchers; Mexico; willful blindness  Circuit HousekeepingNinth (Mendoza Linares v. Garland) and Eleventh Circuits United States v. Lung’aho, No. 22-3168 (8th Cir. July 6, 2023) and Janis v. United States, No. 22-2471 (8th Cir. July 6, 2023)crime of violence; arson; maliciously; malice; more than recklessness; post-Borden; mens rea; murder; malice aforethought; extreme recklessness Madrid-Mancia v. Att'y Gen. U.S., No. 21-2291 (3d Cir. July 3, 2023)deficient NTA in absentia motion to reopen; § 239(a); use of the word or; follow up notice of hearing; statutory interpretation; statute as a whole; failure to update addressSponsors 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: @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

United States v. Hansen, No. 22-179 (U.S. June 23, 2023)8 U.S.C. § 1324(a)(1)(A)(iv); First Amendment; freedom of speech; facial challenge; criminal solicitation; criminal facilitationFlores v.  Garland, No. 22-20419 (5th Cir. June 23, 2023)EB-2A; National Interest Waiver; I-140 Petitions; Matter of Dhanasar; INA § 242(a)(2)(B)(2)Cui v. Garland, No. 22-2177 (7th Cir. June 16, 2023)Adverse credibility; INA § 101(a)(42)(B); asylum; forced sterilization and abortionBrizuela v. Garland, No. 22-1738 (8th Cir. June 27, 2023)Due process; humanitarian parole; continuance; termination; past persecution; threats; Matter of Y-S-L-C; psychological harm; persecutory conductDin v. Garland, No. 21-6586 (2d Cir. June 30, 2023)Frivolous asylum application; notice requirement for frivolousness; INA § 208(d)(6); INA § 208(a)(2)(B); INA § 208(d)(4)(A); Matter of Y-L-; 8 C.F.R. § 1208.20(2008); 8 C.F.R. § 1208.3(c)(2); adjustment of status; INA § 242(a)(2)(B)(i); discretion; INA § 212(a)(9)B)(i)(II); INA § 212(i)(1); 8 C.F.R. § 1240.12(c) Park v. Garland, No. 21-70623 (9th Cir. June 29, 2023)Particularly serious crime; CHSC §§ 11370.1(a), 11351, 11352(a); Matter of Y-L-; withholding of removal; Protection under the Convention Against Torture; Chenery doctrine; torture; 8 C.F.R. § 1208.18(a)(3); lawful sanctions, prosecution, or punishment as torture; South Korea. Ramirez Munoz v. Garland, No. 21-70431 (9th Cir. June 26, 2023)INA § 212(a)(6)(C)(ii)(I); false claim to U.S. citizenship; inadmissibility; Matter of Richmond; adjustment of statusSponsors 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."DISCLAIMER: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

United States v. Texas, No. 22-58 (U.S. June 23, 2023)State standing to challenge Executive action; prosecutorial discretion; redressability; historical analysis  Pugin v. Garland, No. 22-23 (U.S. June 22, 2023)relating to obstruction of justice; INA § 101(a)(43)(S); aggravated felony; relating to; dictionaries; Congressional intent Figueroa Ochoa v. Garland, No. 20-72510 (9th Cir. June 20, 2023)INA 242(a)(2)(B)(i); Patel; non-LPR cancellation; vacated conviction; continuance; question of fact; Kucana; motion to remand Giron-Molina v. Garland, No. 22-6243 (2d Cir. June 20, 2023)CIMT; Arkansas Code Ann. § 5-60-101; reprehensible conduct; abuse of a corpse; realistic probability test; divisibility  A.G. v. Garland, No. 22-1499 (4th Cir. June 23, 2023)nexus; family membership; extortion; gang recruitment; harm to applicant rather than family; ignoring testimony; revenge killing; CAT; failure to report to police; MS-13; El Salvador Farnum v. Garland, No. 22-9526 (10th Cir. June 21, 2023)frivolous asylum filing; INA § 208(d)(6); 8 C.F.R. § 1208.20(a); regulatory interpretation; final agency decisionSponsors 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

Dubin v. United States, No. 22-10 (U.S. June 12, 2023)identity theft; use; in relation to; statutory titles; “aggravated”; statutory interpretation; over-criminalization  Odei v. Garland, No. 21-1315 (1st Cir. June 15, 2023)denial of freedom;  withholding of removal; nexus; taking land; Chieftain; Ghana Alexandre-Matias v. Garland, No. 21-60798 (5th Cir. June 13, 2023)in absentia motion to reopen; due process; I-213; failure to file NTA; claims processing rule Medina Carreon v. Garland, No. 21-60391 (5th Cir. June 15, 2023)temporary BIA member; ultra vires; 8 C.F.R. § 1003.1(a)(4); improper appointment of Acting Attorney General; cock fighting; good moral character; Castillo Perez Medley v. Garland, No. 20-3079 (2d Cir. June 15, 2023)ICE arrest; egregious regulatory or constitutional violation; termination with prejudice where removability established King v. Garland, No. 22-2166 (8th Cir. June 14, 2023)INA § 212(h) waiver; jurisdiction; reweighing evidence; Patel Zongo v. Garland, No. 21-3847 (8th Cir. June 16, 2023)credibility; affidavit inconsistencies; Burkina Faso; exhaustion  Rincon Barbosa v. Garland, No. 22-1655 (8th Cir. June 14, 2023)divisibility; modified categorical approach; jury instructions; Kan. Stat. Ann. § 21-5706(a); same punishment; Kansas definition of methamphetamine 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."Want to become a patron?Click here to check out our Patreon Page!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

USA v. Laines (CA11)Chamu; isomer Koonwaiyou v. Blinken, No. 22-35233 (9th Cir. June 7, 2023)Nationals; American Samoa; 8 U.S.C. § 1408; uncodified statutes; legislative intent; temporarily limiting language; presumption against retroactivity Rodriguez-Zuniga v. Garland, No. 19-72024 (9th Cir. June 7, 2023)extortion plus; asylum; Ayala; Guatemalan women; nexus; robbery; gang Arizmendi-Medina v. Garland, No. 21-298 (9th Cir. June 7, 2023)due process; asylum filing deadlines; window filing; continuance; abuse of discretion  Zhovtonizhko v. Garland, No. 21-584 (9th Cir. June 7, 2023)Wash. Rev. Code § 46.61.024; CIMT; Ruiz-Lopez; attempting to elude police; reckless manner Ponce v. Garland, No. 21-60530 (5th Cir. June 9, 2023)Tex. Pen. Code § 22.04(a); injury to a child; crime of child abuse; realistic probability Pacheco-Moran v. Garland, No. 21-3779 (8th Cir. June 5, 2023)asylum; one year deadline; married gay men in Mexico; INA § 208(a)(3); Guerrero-Lasprilla; anti-Catholic; continuance; U-visa certificationSponsors 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

Portillo v. DHS, No. 22-1383 (1st Cir. May 30, 2023)firearms offense; INA § 237(a)(2)(C); defacing or receiving a firearm with a defaced serial number in violation of Mass. Gen. Law ch. 269, § 11C; realistic probability test; affirmative defense Khan v. Garland, No. 21-60146 (5th Cir. May 30, 2023)receipt of stole property; INA § 101(a)(43)(G); 18 Pa. Cons. Stat. § 3925(a); mens rea; use of the word alien Granados Arias v. Garland, No. 22-2148 (7th Cir. May 31, 2023)extortion; well-founded fear; nexus; nexus for withholding; harmless error; family living safely in country; Mara 18; El Salvador Salgado v. Garland, No. 21-1864 (4th Cir. May 31, 2023)untimely petition for review; final order of removal; finality of decision when matter is remanded for consideration of voluntary departure; 30 day jurisdictional requirement Nivelo Cardenas v. Garland, No. 20-60778 (5th Cir. June 2, 2023)deficient NTA; no-notice motion to reopen; in absentia; misspelled address; challenging presumption of regularity; rule of orderliness with deference to panel decisions; government misrepresentation in NTASponsors 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 inSupport the show

Patron Shout Out!, USA v. Brooks (CA10), and § 1326 (CA 9)crime of violence; Oklahoma assault and battery; § 1326 totes not racist Matter of Pougatchev, 28 I&N Dec. 719 (BIA 2023)aggravated felony; theft or burglary offense under INA § 101(a)(43)(G); crime of violence under INA § 101(a)(43)(F); second degree burglary in violation of N.Y. Penal Law § 140.25(1)(d); means vs. elements; building; inherent violence; BIA deciding legal issue undecided by IJ; display a weaponSponsors 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

Mukantagara v. DHS, No. 21-4144 (10th Cir May 16, 2023)Zipper Clause; INA § 242(b)(9); termination of asylum status; Rwanda genocide  USA v. Harris, No. 17-1861 (3d Cir. May 17, 2023) and USA v. Jenkins, No. 18-2222 (3d Cir. May 18, 2023) Borden; recklessness; omission; violent force; first degree aggravated assault; robbery; Pennsylvania; 18 Pa. Cons. Stat. § 2702(a)(1); second-degree aggravated assault of a protected individual in violation of 18 Pa. Cons. Stat. § 2702(a)(3); realistic probability test Ruiz v. U.S. Att’y Gen., No. 22-10445 (11th Cir. May 18, 2023)VAWA cancellation of removal; definition of extreme cruelty; Patel; reviewable hardship determination; no requirement for physical abuse; INA § 103(a)(1); quintessential question of law 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."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