Immigration Review

Kevin A. Gregg, Esq. (kgregg@kktplaw.com)
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Jan 9, 2023 • 21min

Ep. 141 - Precedential Decisions from 1/2/2023 - 1/8/2023 (credibility; immigration fraud; lack of detail in testimony; asylum from Bangladesh; identity theft; Va. Code Ann. § 18.2-186.3(A)(2); CIMT; intent to defraud; Rule of Lenity)

Celebrating listener success! Porosh v. Garland, No. 22-1781 (7th Cir. Jan. 5, 2023)credibility; asylum; immigration fraud; procedural deviations; testifying by reading from a piece of paper; lack of detail in testimony; reviewing IJ and BIA decisions; Jamaat; Bangladesh Salazar v. Garland, No. 21-1967 (4th Cir. Jan. 3, 2023)identity theft; Va. Code Ann. § 18.2-186.3(A)(2); CIMT; intent to defraud; harm; old BIA precedent; three member BIA panel; CA5 – Cargill v. Garland and Rule of Lenity*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 2, 2023 • 35min

Ep. 140 - Precedential Decisions from 12/26/2022 - 1/1/2023 (mental health; fear of gangs; police acquiescence; cocaine isomers; no notice motion to reopen; derivative citizenship; nexus & family group)

Alvarez-Gomez v. Garland, No. 21-2279 (8th Cir. Dec. 28, 2022)mental health; Matter of M-A-M- safeguards; jurisdiction; findings of fact for withholding of removal; Nasrallah; fear of gangs; CAT protection; police acquiescence to gang violence; low level official; relocation; El Salvador United States v. Myers, No. 21-3443 (8th Cir. Dec. 29, 2022)cocaine isomers; realistic probability test; Missouri Rev. Stat. § 195.211 (2003) Perez-Portillo v. Garland, No. 20-73486 (9th Cir. Dec. 30, 2022)in absentia motion to reopen; no notice; presumption of delivery; Matter of G-Y-R-; lack of affidavit for pro se noncitizen; Matter of M-R-A-; diligence Robinson v. Garland, No. 20-1807 (1st Cir. Dec. 28, 2022)derivative citizenship; former INA § 321(a) Jimenez-Portillo v. Garland, No. 21-1117 (1st Cir. Dec. 27, 2022)nexus; family membership; asylum; substantial evidence review; Mara 18; El Salvador*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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Dec 26, 2022 • 25min

Ep. 139 - Precedential Decisions from 12/19/2022 - 12/25/2022 (a holiday thank you to the podcast's Patrons; persecutor bar to asylum; Eritrea; sentence modification; Matter of Thomas and Thompson; retroactivity; review of withholding; criminal bar)

Gebrgzabher v. Garland, No. 21-60223 (5th Cir. Dec. 19, 2022) persecutor bar to asylum; assisted, or otherwise participated in persecution; Matter of DR-; military guard; Eritrea  Edwards v. U.S. Att'y Gen., No. 19-15077 (11th Cir. Dec. 23, 2022) sentence modification; Matter of Thomas and Thompson; retroactivity; reasonableness; Georgia family violence battery in violation of O.C.G.A. § 16-5-23.1; term of imprisonment; INA § 101(a)(48); jurisdiction; findings of fact for withholding of removal; Nasrallah; Malu  *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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Dec 19, 2022 • 26min

Ep. 138 - Precedential Decisions from 12/12/2022 - 12/18/2022 (T-visa training!; cumulative harm for past persecution; dwarfism; alienage; inconsistencies in DHS evidence; mental health facilities in Honduras; deficient NTA in absentia motion to reopen)

 Training: Is This a T Visa?  with  Helen Tarokic  - January 27, 2023 from 9:30am to 10:30am EST Click here to sign up! More about Helen Tarokic, Esq.Salguero Sosa v. Garland, No. 19-70961 (9th Cir. Dec. 16, 2022) cumulative effect of harm for past persecution; dwarf; dwarfism; political opinion; nexus standard for withholding of removal; Guatemala  Escobar v. Garland, No. 22-1249 (8th Cir. Dec. 15, 2022) alienage; inconsistencies in DHS evidence; burdens; inconsistent birth certificate; schizophrenia; CAT; mental health facility; Honduras  Platero-Rosales v. Garland, No. 20-60707 (5th Cir. Dec. 15, 2022) deficient NTA in absentia motion to reopen; failure to provide address; Rodriguez; failure to read NTA in Spanish; Spagnol-Bastos  *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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Dec 14, 2022 • 48min

Special Episode - Interview with John Khosravi about his many hats, and the Immigration Lawyers Toolbox!

 Links!All about John and his law firmImmigration Lawyers Toolbox homepageImmigration Lawyers Toolbox MagazineImmigration Lawyers PodcastRegister for the Conference!*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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Dec 12, 2022 • 31min

Ep. 137 - Precedential Decisions from 12/5/2022 - 12/11/2022 (credibility; Bangladesh; memorizing testimony; suppression; Fourth Amendment; egregious violation; INA § 237(a)(2)(E)(i); categorical approach; statutory interpretation; agency deference)

Hasan-Nayem v. U.S. Att'y Gen., No. 21-12402 (11th Cir. Dec. 7, 2022)credibility; inconsistencies; omissions, demeanor; memorizing testimony; evasiveness; asylum; Liberal Democratic Party; Awami League; Bangladesh Matter of Mariscal-Hernandez, 28 I&N Dec. 666 (BIA Dec. 9, 2022)suppression; Fourth Amendment; egregious violation; Matter of Barcenas; termination; Pereira; I-213; probative evidence; INA § 287; 8 C.F.R. § 287 Diaz-Rodriguez v. Garland, No. 13-73719 (9th Cir. Dec. 8, 2022) (en banc)Cal. Penal Code § 273a(a); crime of child abuse, child neglect, or child abandonment; INA § 237(a)(2)(E)(i); categorical approach; statutory interpretation; agency deference; Chevron.*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 4.0Support the show
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Dec 5, 2022 • 41min

Ep. 136 - Precedential Decisions from 11/28/2022 - 12/4/2022 (vacate Lozada!; disbarment; approvable when filed - 245(i); affidavit of support; waiver of appeal; particularly serious crime; amount of loss; ineffective assistance of counsel)

Sign Rekha Sharma-Crawford's Matter of Lozada petition! https://bit.ly/3FlDGeZMatter of K. Gupta, 28 I&N Dec. 653 (BIA 2022)attorney suspension; disbarment; 8 C.F.R. § 1003.107; 8 C.F.R. § 1003.102(f)(1); American Bar Association standards; challenging Lozada! Matter of Triana, 28 I&N Dec. 659 (BIA 2022)INA § 245(i); meritorious in fact; approvable when filed; erroneous approval Song v. Garland, No. 18-2496 (4th Cir. Dec. 1, 2022)K-1 fiancé visa; affidavit of support; conditional permanent residence; I-864; Matter of Song; Chevron deference; Auer deference  Alexander-Mendoza v. Att'y Gen. U.S., No. 21-2322 (3d Cir. Dec. 2, 2022)knowing, intelligent, and voluntary waiver of appeal; right to appeal; pro se; substantial evidence; motion to reconsider; fundamental fairness Hammerschmidt v. Garland, No. 21-60462 (5th Cir. Nov. 18, 2022)particularly serious crime for withholding of removal; INA § 101(a)(43)(M)(i); amount of loss; restitution order; joint and several liability; fraud crimes Eneugwu v. Garland, No. 20-61162 (5th Cir. Dec. 1, 2022)ineffective assistance of counsel motion to reopen; equitable tolling; biometrics requirement; sua sponte jurisdiction *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 4.0Support the show
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Nov 28, 2022 • 47min

Ep. 135 - Precedential Decisions from 11/21/2022 - 11/27/2022 (CAT & under color of law; regulatory violations & fundamental rights; corroboration; past persecution; venue; jurisdiction; best interests of the child standard; habeas & prolonged detention)

Garcia-Aranda v. Garland, No. 18-2281 (2d Cir. Nov. 21, 2022)asylum; CAT; family membership; under color of law; public official; corrupt police; Mara 18; Honduras Gonzalez Aquino v. Att’y Gen. U.S., No. 21-3317 (3d Cir. Nov. 22, 2022)regulatory violation; fundamental right; prejudice; harmless error; exhaustion (low bar); CAT; Dominican Republic Adongafac v. Garland, No. 21-1800 (8th Cir. Nov. 21, 2022)venue; asylum; past persecution; corroboration; objective evidence; opportunity to explain; Anglophone Cameroon Gonzalez-Rivas v. Garland, No. 21-3364 (8th Cir. Nov. 23, 2022)Patel; jurisdiction; Guerrero Lasprilla; hardship standard; best interests of the child; mixed question of law and fact Rodriguez Diaz v. Garland, et al., No. 20-16245 (9th Cir. Nov. 21, 2022)detention; due process; INA § 236(a); Jennings v. Rodriguez; history of immigration detention in the Ninth Circuit; burdens; Matthews Test; detention post final order of removal*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 4.0Support the show
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Nov 21, 2022 • 38min

Ep. 134 - Precedential Decisions from 11/14/2022 - 11/20/2022 (termination; good moral character; DUIs; timely filings; crime of violence; change in law; equitable tolling; due diligence; jurisdiction; CAT deferral; Iraqi Chaldean Christians)

Matter of Coronado Acevedo, 28 I&N Dec. 648 (A.G. 2022)termination; Matter of S-O-G- & -F-D-B-; notice and comment rulemaking Llanas-Trejo v. Garland, No. 21-3770 (8th Cir. Nov. 16, 2022)non-LPR cancellation of removal; good moral character; multiple DUIs; Matter of Cartillo-Perez; presumption; hardship to non-qualifying relative; motion to reopen; Patel Santos-De Jimenez v. Garland, No. 21-1496 (4th Cir. Nov. 15, 2022)petition for review; INA § 242(b)(1); Federal Rule of Appellate Procedure 26(c); filing deadline Williams v. Garland, No. 20-1854 (4th Cir. Nov. 16, 2022)Virginia of assault and battery of a police officer, obstructing justice, disorderly conduct, failure to appear; Va. Code Ann. §§ 18.2-57(C), 18.2-460, 18.2-415, 19.2-128; motion to reconsider; equitable tolling; aggravated felony crime of violence; Johnson; Dimaya; jurisdiction; INA § 242(a)(2)(C); de novo standard of review; mixed question of law and fact Yousif v. Garland, No. 22-0243 (6th Cir. Nov. 16, 2022)CAT deferral; Chaldean Christian; long time U.S. residence; cumulative harm; unpublished BIA decisions; material change in country conditions; cumulative evidence; particularly serious crime and Matter of B-Z-R-; Iraq*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 4.0Support the show
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Nov 14, 2022 • 17min

Ep. 133 - Precedential Decisions from 11/1/2022 - 11/13/2022 (Welcome Capital Good Fund!; vacated criminal convictions; Matter of Thomas and Thompson; CIMT; petty offense exception; child endangerment; retroactivity; Matter of Cota-Vargas)

Zaragoza v. Garland, No. 19-3437 (7th Cir. Nov. 8, 2022)vacated criminal convictions; Matter of Thomas and Thompson; Indiana Code § 35-46-1-4(a)(2); CIMT; petty offense exception; child endangerment; realistic probability test; retroactive application; Matter of Cota-Vargas*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 4.0Support the show

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