Immigration Review

Santos-Zacaria v. Garland, No. 21-1436 (U.S. May 11, 2023)exhaustion of administrative remedies; INA § 242(d)(1); jurisdiction; statutory scheme as a whole; Congressional language in the INA; claims processing rule; remedy of right Banuelos-Jimenez v. Garland, No. 23-0097 (6th Cir. May 10, 2023)crime of violence; Borden; threatened use of force; apprehension of imminent physical injury; third-degree assault on a family or household member, Ark. Code Ann. § 5-26-309; state legislative intent Ishmael v. Att'y Gen. U.S., No. 21-2563 (3d Cir. May 11, 2023)visa waiver program; reopened asylum only proceedings; terminating asylum status; entrance into the U.S. as an asylee Mendez Esteban v. Garland, No. 22-1215 (1st Cir. May 11, 2023)DHS burden to establish fundamental change in circumstances; persuasiveness of State Department report; power of political party when not in power; local government; asylum; “generally free and fair”; family members living safely; Lider party; Guatemala  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

Matter of Morales-Morales, 28 I&N Dec. 714 (BIA 2023)8 C.F.R. § 1003.38(c); Matter of Liadov; untimely notice of appeal; claims processing rule; equitable tollingRangel Perez v. Garland, No. 22-60074 (5th Cir. May 2, 2023) Patel; non-LPR cancellation of removal; hardship review; motion to remand; application of legal standard to undisputed facts Oxlaj v. Garland, No. 22-1734 (8th Cir. May 3, 2023) particular social group; particularity; social distinction; witnesses who cooperate with law enforcement; Guatemala Turcios-Flores v. Garland, No. 22-3325 (6th Cir. May 5, 2023)particular social group; immutability; Honduran landownership; fundamental characteristic; single mothers in Honduras; social distinction; police protection; BIA cleaning up factual finding of IJ; one central reason vs. A reason; nexus; extortion; Honduran governmentSponsors 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 4.0Support the show

Matter of Cancinos-Mancio, 28 I&N Dec. 708 (BIA 2023) modified categorical approach; reviewable documents; plea colloquy; crime of violence; Ariz. Rev. State § 13-1204(A)(2)  Cortez-Amador v. Att'y Gen. U.S., No. 22-1249 (3d Cir. Apr. 25, 2023) Special Immigrant Juvenile Status; SIJS; INA § 245(h); admission or parole; Patel; jurisdiction; death threats; Guatemala  Reese v. Garland, No. 22-6011 (5th Cir. Apr. 24, 2023) visa fraud; 18 U.S.C. § 1546(a); INA § 237(a)(1)(H) waiver; INA § 237(a)(3)(B)(iii); due process; family unity Caldera-Torres v. Garland, No. 22-2282 (7th Cir. Apr. 27, 2023) crime of domestic violence; INA § 237(a)(2)(E)(i); Wis. Stat. § 940.19(1); circumstance specific approach; Pereida; domestic abuse surcharge; burdens  Somers v. USA, No. 19-1484 (11th Cir. Apr. 25, 2023) Borden; crime of violence; recklessness; Fla. Stat. § 784.021; Fla. St. 784.011(1); violent force; Florida Supreme Court decisions  Kerr v. Garland, No. 21-2074 (4th Cir. Apr. 24, 2023) CAT; aggregate risk of torture; compounding effect of harms; LGBTQ; former gang members; Jamaica  Santos Garcia v. Garland, No. 22-1535 (1st Cir. Apr. 28, 2023) asylum; persecution; death threats; Lider Party; Guatemala  Sharma v. Garland, No. 22-1496 (1st Cir. Apr. 28, 2023) derivative citizenship; former INA § 321(a); objective manifestation; Zombie Precedent; Nwozuzu; Cheneau 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

Sign Rekha Sharma-Crawford’s Matter of Lozada petition!https://bit.ly/3FlDGeZHernandez v. Jaddou, No. 22-20325 (5th Cir. Apr. 16, 2023)TPS; arriving alien; advance parole; USCIS jurisdiction; PateHernandez v. Garland, No. 19-2044 (2d Cir. Apr. 21, 2023)cancellation of removal; criminal convictions; BIA administrative notice of facts not reasonably in dispute; de novo review of discretion; BIA statements regarding standard of reviewSponsors 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

Malets v. Garland, No. 19-4216 (2d Cir. Apr. 14, 2023)credibility; Matter of Y-I-M-; corroboration; Zombie Precedent; remand despite deference; omissions; fraudulent passports and asylum; trivial inconsistency; immaterial inconsistency; IJ characterization of inconsistency; live testimony; Ukraine Mejia Vega v. USCIS, et al., No. 16-56795 (9th Cir. Apr. 14, 2023)U visa waivers; federal court jurisdiction; INA § 242(a)(2)(B)(ii); discretionary determinations; INA § 212(d)(3)(A)(ii); Kucana; FRCP 12(b)(1); Matter of Hranka Doyduk v. Att’y Gen. U.S., No. 21-3333 (3d Cir. Apr. 14, 2023)expungement; discretion; 18 Pa. C.S. § 9122(a)(1); legal challenge; Patel; discretion; adjustment of status; Matter of Arreguin; arrest reports; use of the word “the” Alzaben v. Garland, No. 22-1561 (1st Cir. Apr. 14, 2023)conditional LPR; waiver of joint filing requirement; bonafide marriage; Patel; discretion; mixed question of law and fact; infidelity  City of South Miami v. Florida Immigrant Coalition, Inc., et al., No. 21-13657 (11th Cir. Apr. 13, 2023)organizational standing; Ron DeSantis immigration policies; concrete injurySponsors 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

Ayanian v. Garland, No. 16-70809 (9th Cir. Apr. 3, 2023)motion to reopen; stay of appellate proceedings; mediation; adjustment of status and immigration process; preference categories; Armenia Andrade-Prado, Jr. v. Garland, No. 20-1913 (1st Cir. Apr. 4, 2023)aggravated felony; foreign conviction; fundamental fairness; travesty of justice; hearsay; particularly serious crime; biased judges; Brazil United States v. Henderson, No. 18-1894 (3rd Cir. Mar. 29, 2023)Pennsylvania robbery; mens rea; violent force; conspiracy; crime of violence Tobar v. Garland, No. 21-60875 (5th Cir. Apr. 7, 2023)TPS; brief, casual, and innocent trip abroad; continuous residence; short duration; 8 C.F.R. § 1244.1 Elldakli v. Garland, No. 22-20344 (5th Cir. Apr. 4, 2023)APA; Declaratory Judgment Act; Patel; jurisdiction; adjustment of status; final agency action; exhaustion of administrative remedies Ponce Flores v. Garland, No. 21-10600 (11th Cir. Apr. 5, 2023)motion to remand; Patel; ineffective assistance of counsel; Lozada; due process right to discretionary relief; right to counselSponsors 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

Nkenglefac v. Garland,  No. 19-60647 (5th Cir. Mar. 28, 2023) Equal Access to Justice Act (EAJA); substantially justified; evidence not in record; adverse credibility; paralegal fees Garcia v. Garland, No. 20-1641 (2d Cir. Mar. 31, 2023) administrative closure; deference to the Attorney General; Castro-Tum; Cruz Valdez; regulatory interpretation; ambiguity; retroactive effect United States v. Williams, No. 20-7131 (4th Cir. Mar. 27, 2023) crime of violence; sodomy-threat theory; Va. Code § 18.2-58; deference to state supreme court; U.S. v. Eldridge (CA2); kidnapping in violation of N.Y. Pen. Law § 135.20; USA v. Huerta-Rodriguez (CA5); INA § 101(a)(43)(O)  Khalulyan v. Garland, No. 21-70909 (9th Cir. Mar. 30, 2023) INA § 101(a)(43)(M)(i); § 101(a)(43)(U); loss over $10,000; sentence enhancement consideration; 18 U.S.C. § 1029(b)(2); credit card skimming; circumstance specific; conspiracy; potential loss; restitution  Al-Adily v. Garland, No. 22-3432 (6th Cir. Mar. 30, 2023) Mich. Comp. Laws § 750.362a(3)(a); INA § 101(a)(43)(M)(i); loss over $10,000; restitution in Michigan ; circumstance specific; clear and convincing evidence;  rental car agreement; punishment Alfred v. Garland, No. 19-72903 (9th Cir. Mar. 30, 2023) (en banc) U.S. v. Valdivia Flores; INA § 101(a)(43)(G); categorical approach; federal generic accomplice liability; robbery in violation of Wash. Rev. Code § 9A.56.190; state survey; Duenas-Alvarez; example of indivisible mens reaSponsors 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

All about Ilyce Shugall:Immigrant Legal Defense and Bio: here Op-Ed with the LA Times: Why I resigned as an immigration judge Get involved with the ABA Commission on Immigration!: hereSponsors 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

Matter of Garcia, 28 I&N Dec. 693 (BIA 2023)venue; forum; choice of law; Auer; regulatory interpretation; INA § 242(b)(2); 8 C.F.R. § 1003.14(a); 8 C.F.R. § 1003.20(a); hardship challenge; arbitrary and capricious; comparing hardship case to other cases U.S. v. Alas, No. 22-4193 (4th Cir. Mar. 24, 2023)illegal reentry; 8 U.S.C. § 1326; malicious wounding in violation of VA Code § 18.2-51; statute of limitations; § 287(g) agreements; challenging state court police immigration arrest; aggravated felony crime of violence; BordenSponsors 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

Abuzeid v. Mayorkas, No. 21-5002 (D.C. Cir. Mar. 17, 2023)Patel; jurisdiction to review APA challenge of USCIS adjustment of status denial Kong v. U.S., No. 21-1319 (1st Cir. Mar. 15, 2023)Federal Tort Claims Act; FTCA; unlawful detention; repatriation agreement; INA § 242(g); habeas; Reno v. American-Arab Anti-Discrimination Committee; reasonably foreseeable; 8 C.F.R. § 241.13(i)(2); Cambodia Garcia-Pascual v. Garland, No. 20-2529 (8th Cir. Mar. 14, 2023)non-LPR cancellation; hardship; Patel; mixed question of law and fact USA v. Heard, No. 22-1380 (8th Cir. Mar. 16, 2023)MDMA; overbroad controlled substance; Minnesota Rules, pt 6800.4210; isomers; realistic probability test Gutierrez-Alm v. Garland, No. 17-71012 (9th Cir. Mar. 15, 2023)deficient Order to Show Cause; suspension; stop-time rule; withholding, CAT protection; family members of political dissidents; suspected gang members; social distinction; Sandinista; Nicaragua  Umana-Escobar v. Garland, No. 19-70964 (9th Cir. Mar. 17, 2023)de novo; questions of law; nexus; administrative closure; family members hiding 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 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