Immigration Review

Kevin A. Gregg, Esq. (kgregg@kktplaw.com)
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Mar 13, 2023 • 14min

Ep. 150 - Precedential Decisions from 3/6/2023 - 3/12/2023 (Patron shout-out!; crime of violence; attempt; 18 U.S.C. § 1959(a)(3); N.Y. Penal Law § 120.05(2); N.Y. Penal Law § 120.10(1); factual bases for plea in New York and Connecticut)

USA v. Morris, No. 16-6-cr (2d Cir. Mar. 7, 2023)Hobbs Act robbery; 18 U.S.C. § 924(c)(3)(A); crime of violence; attempt; 18 U.S.C. § 1959(a)(3); N.Y. Penal Law § 120.05(2); N.Y. Penal Law § 120.10(1); VICAR assault; violent force; factual bases for plea in New York and Connecticut; categorical approachSponsors 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
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Mar 6, 2023 • 20min

Ep. 149 - Precedential Decisions from 2/28/2023 - 3/5/2023 (WebEx; CIMT; statutory text; jurisdiction and discretion; non-LPR cancellation of removal; aggravated robbery; aggravated felony theft offenses & crimes of violence; corrupt police)

AILA v. EOIR!WebEx hearingsZamaro-Silverio v. Garland, No. 21-60324 (5th Cir. Feb. 23, 2023) CIMT; Texas Transportation Code § 550.021; Mathis; hit and run; Garcia-Maldonado v. Gonzales; implicit overrule of precedent; overbreadth based on statutory text alone  Ayala Chapa v. Garland, No. 21-60039 (5th Cir. Feb. 20, 2023) non-LPR cancellation; jurisdiction; Patel standards for discretion; temporary BIA member; Santos Zacaria; procedural error; weighing of facts; reconsideration requirement  Rodriguez Gonzalez v. Garland, No. 22-60091 (5th Cir. Mar. 3, 2023) Texas aggravated robbery under Texas Penal Code § 29.03(a)(2); aggravated felony theft offense; INA § 101(a)(43)(G); crime of violence; 18 U.S.C. § 16(a); CAT deferral; corrupt police; Mexico  *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"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
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Mar 2, 2023 • 38min

Special Episode - Interview with Andy Posner, Founder and CEO of Capital Good Fund

Capital Good Fund Information:Website: here Andy's email: andy@capitalgoodfund.org FAQ Page: here Media AILA.orgNextCity.gov Andy's award-nominated immigration poem: The Machinery of the State *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"Want to become a patron?Click here to check out our Patreon Page!CONTACT INFORMATIONEmail: kgregg@kktplaw.comFacebook: @immigrationreviewInstagram: @immigrationreviewTwitter: @immreview About your host!More episodes!Case notes!Top 15 immigration podcast in the U.S.!Recent criminal-immigration article (p.18)!Featured in San Diego Voyager!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
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Feb 27, 2023 • 17min

Ep. 148 - Precedential Decisions from 2/21/2023 - 2/27/2023 (drug trafficking aggravated felony; divisibility; elements vs. means; controlled substance list; extreme recklessness; mens rea; crime of violence)

Harbin v. Sessions, 860 F.3d 58 (2d Cir. 2017) drug trafficking aggravated felony; INA § 101(a)(43)(B); categorical approach; divisibility; NYPL § 220.31; controlled substance list; NYPL § 220.00(5); criminal sentence; double jeopardy; jury instructions as last resort; "specify" USA v. Brasby, No. 21-1537 (3d Cir. Feb. 23, 2023) N.J. Stat. Ann. § 2C:12-1(b)(1); extreme recklessness; crime of violence; Borden; mens rea divisibility in New Jersey; multidistrict analysis *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"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
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Feb 20, 2023 • 43min

Ep. 147 - Precedential Decisions from 2/14/2023 - 2/20/2023 (unlawful presence bar; EB-1C; jurisdiction to review adjustment of status denial; cross-appeals; crime of violence - attempt, knowledge, and violent force; credibility, Cuba, and kidney stones)

Matter of Duarte-Gonzalez, 28 I&N Dec. 688 (BIA 2023)unlawful presence; 10-year bar; INA § 212(a)(9)(B)(i)(II); statutory construction; negative inference Ren, et al. v. USCIS, No. 21-1661 (4th Cir. Feb. 14, 2023)EB-1C; executive or manager; evidentiary burden of proof; degree of managerial or executive tasks; daily responsibilities; Patel Britkovyy v. Mayorkas, No. 21-3160 (7th Cir. Feb. 17, 2023)district court jurisdiction to review adjustment of status denial; APA; Patel; presumption of reviewability; legislative intent; statute over regulation Lopez v. Garland, No. 20-71956 (9th Cir. Feb. 16, 2023)cross-appeals; waiver of appeal USA v. Alvarez, No. 21-50088 (9th Cir. Feb. 16, 2023)crime of violence; categorical approach and attempt; felonious assault on a peace officer in violation of Ohio Rev. Code § 2903.13(A); Palomar-Santiago; fundamental fairness; § 1326; Valdivia Flores; Door; knowledge; de minimis contact; force capable of causing physical pain or injury; Castleman; Stokeling Serra v. U.S. Att'y Gen., No. 21-10471 (11th Cir. Feb. 15, 2023)credibility; insignificant inconsistencies; asylum; credible fear interview transcript; timing of kidney stone; approximation; guessing; number of countries traveled through; persecution through prosecution; Cuba*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"Want to become a patron?Click here to check out our Patreon Page!CONTACT INFORMATIONEmail: kgregg@kktplaw.comFacebook: @immigrationreviewInstagram: @immigrationreviewTwitter: @immreviewAbout your host!More episodes!Case notes!Top 15 immigration podcast in the U.S.!Recent criminal-immigration article (p.18)!Featured in San Diego Voyager!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
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Feb 13, 2023 • 51min

Ep. 146 - Precedential Decisions from 2/7/2023 - 2/13/2023 (torture; withholding - corroboration & credibility; nexus - family, gangs, extortion & revenge; deficient exclusion proceedings; divorce in Virginia & Ghana; good moral character; Patel)

Hernandez-Martinez v. Garland, No. 21-1448 (1st Cir. Feb. 2, 2023)CAT; torture definition; single act; single incident; business owners in Guatemala who have high profit; severity of harm Aguilar-Escoto v. Garland, No. 18-1590 (1st Cir. Feb. 7, 2023)withholding of removal notwithstanding adverse credibility finding; corroboration; failure to consider evidence; domestic violence; Honduras; de novo review of past persecution; Patel Barnica-Lopez v. Garland, No. 21-1313 (1st Cir. Feb. 8, 2023)nexus; one central reason; family membership; revenge; W-Y-C- & H-O-B-; Honduras  Matter of J-L-L-, 28 I&N Dec. 684 (BIA 2023)deficient case initiating document; Form I-122; exclusion; Niz-Chavez and Pereira; non-LPR cancellation of removal  Adjei v. Mayorkas, No. 21-1615 (4th Cir. Feb. 7, 2023)Virginia divorce law; domicile in foreign country; Ghana marriage and divorce law; comity; Full Faith and Credit Mohndamenang v. Garland, No. 21-60380 (5th Cir. Feb. 6, 2023)corroboration; Matter of L-A-C-; affidavits; Cameroon Hernandez v. Garland, No. 22-3120 (6th Cir. Feb. 6, 2023)good moral character; Patel; Guerro Lasprilla; weighing evidence; mixed question of law and fact; non-LPR cancellation; DUI; Castillo-Perez Islas-Saldana v. Garland, No. 22-1366 (8th Cir. Feb. 7, 2023)motion to reconsider; administrative closure; abuse of discretion Aguilar Montecinos v. Garland, No. 21-2333 (8th Cir. Feb. 10, 2023)nexus; fear of gangs; power of MS-13; extortion as persecution; Honduras; Chenery ; harmless error*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"Want to become a patron?Click here to check out our Patreon Page!CONTACT INFORMATIONEmail: kgregg@kktplaw.comFacebook: @immigrationreviewInstagram: @immigrationreviewTwitter: @immreviewAbout your host!Case notes!Recent criminal-immigration article (p.18)!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
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Feb 6, 2023 • 16min

Ep. 145 - Precedential Decisions from 1/30/2023 - 2/6/2023 (Supreme Court 2023 Term Rundown; aggravated felony crime of violence; elements clause; recklessness)

Supreme Court 2023 Term Rundown United States v. Helaman Hansen Arizona v. Mayorkas Santos Zacaria v. Garland U.S. v. Texas Pugin v. Garland Dubin v. U.S.  USA v. White, No. 21-3209 (6th Cir. Jan. 31, 2023) aggravated felony crime of violence; INA § 101(a)(43)(F); Borden; recklessness; mens rea; Ohio Rev. Code § 2911.01(A)(1); aggravated robbery *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"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 host!More episodes!Case notes!Top 15 immigration podcast in the U.S.!Recent criminal-immigration article (p.18)!Featured in San Diego Voyager!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
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Jan 30, 2023 • 44min

Ep. 144 - Precedential Decisions from 1/23/2023 - 1/29/2023 (past persecution; failure to seek medical care; Guatemala - indigenous, lesbians, and witness cooperators; good moral character; sexual abuse of a minor; imputed particular social group)

Saban-Cach v. Att’y Gen. U.S., No. 21-2378 (3d Cir. Jan. 25, 2023)past persecution; failure to seek medical care; physical injury; cumulative effect of harm; minors; Kaqchikel Mayan; reasonable relocation for indigenous individuals; threats; standards of review for withholding and CAT; police and gangs; Patel; Guatemala Cruz‐Velasco v. Garland, No. 21-1642 (7th Cir. Jan. 24, 2023)good moral character; Matter of Castillo-Perez; DUI; undisputed issues of fact; Patel; non-LPR cancellation of removal; ability to review refusal to reopen sua sponte Debique v. Garland, No. 21-6208 (2d Cir. Jan. 27, 2023)sexual abuse in the second degree under N.Y. Penal Law § 130.60(2); sexual abuse of a minor aggravated felony; INA § 101(a)(43)(A); Chevron deference; sexual contact; age of the victim; Esquivel Quintana Lemus-Coronado v. Garland, No. 22-1015 (8th Cir. Jan. 23, 2023)asylum; particular social groups; witnesses who cooperate with law enforcement; gangs; public testimony; Matter of H-L-S-A-; social distinction; formal legislation; Guatemala Cristobal Antonio v. Garland, No. 21-70624 (9th Cir. Jan. 26, 2023)past persecution; threats; near confrontation; near violence; no requirement for severe injury; subjective suffering; decision to flee to the U.S.; imputed particular social group; women in Guatemala perceived to be lesbian; absence of evidence; unable or unwilling to protect; imputed sexual orientation*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"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 host!More episodes!Case notes!Top 15 immigration podcast in the U.S.!Featured in San Diego Voyager!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
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Jan 23, 2023 • 12min

Ep. 143 - Precedential Decisions from 1/16/2023 - 1/22/2023 (changes at the Department of State!; attempt; aggravated felony crimes of violence; New York attempted first-degree assault; violent force; requesting publication)

Death of a Roman (times, new)Singh v. Garland, No. 19-2910 (2d Cir. Jan. 19, 2023)INA § 101(a)(43)(U); INA § 101(a)(43)(F); aggravated felony crimes of violence; 18 U.S.C. § 16(a); attempted first-degree assault in violation of N.Y. Pen. L. §§ 110.00, 120.10(1); violent force; requesting publication *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"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 host!More episodes!Case notes!Top 15 immigration podcast in the U.S.!Featured in San Diego Voyager!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
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Jan 16, 2023 • 37min

Ep. 142 - Precedential Decisions from 1/9/2023 - 1/15/2023 (deficient NTA; stop-time rule; final order of removal; false statements, naturalization, and materiality; fear of gangs & reasonable fear; divisibility & Georgia robbery)

Matter of Chen, 28 I&N Dec. 676 (BIA 2023)deficient NTA; plain language; stop-time rule; final order of removal; prima facie showing; fundamental change in law – Niz Chavez USA v. Amintobia, No. 20-50039 (9th Cir. Jan. 11, 2023)knowingly procuring or attempting to procure naturalization; Maslenjak; asylum fraud; false statements; materiality; predictably have disclosed; lawfully admitted for permanent residence; INA § 101(a)(20); 18 U.S.C. § 1425(a); 18 U.S.C. § 1546(a); German asylum Reyes-Ramos v. Garland, No. 18-1830 (1st Cir. Jan. 13, 2023)jurisdiction to review no reasonable fear findings; OIL concession; standard of review; fear of gangs; MS-13 recruitment; particular social group; persons against whom MS-13 retaliates for failure to join; El Salvador  USA v. Harrison, No. 21-14514 (11th Cir. Jan. 10, 2023)O.C.G.A. § 16-8-40; crime of violence; robbery; sudden snatching; divisibility; use of the word “or,” “includes,” or “such as”; comparison to similar statutes; jury instructions; same punishment; lesser included offense*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"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 host!More episodes!Case notes!Top 15 immigration podcast in the U.S.!Featured in San Diego Voyager!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

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