Immigration Review

Laparra-Deleon v. Garland, No. 22-1081 (1st Cir. Nov. 4, 2022)deficient NTA in absentia motion to reopen; Matter of Laparra; notice of hearing; definition of the word “change”; Zombie precedent Pinel-Gomez v. Garland, No. 19-3124 (2d Cir. Nov. 2, 2022)corroboration; standard of review; factual question; finding of fact; reasonably available evidence; REAL ID Act Quituizaca v. Garland, No. 19-3470 (2d Cir. Nov. 1, 2022)asylum; withholding; nexus; indigenous ethnicity; Matter of C-T-L-; one central reason; a reason; statutory text Madrid-Montoya v. Garland, No. 20-2072 (4th Cir. Oct. 31, 2022) nexus; family group; land dispute; timing of threats; narcotraffickers; Honduras Coreas-Chavez v. Garland, No. 21-2900 (8th Cir. Nov. 1, 2022)asylum; motion to reconsider; Matter of Fernandes; extortion; gangs; El Salvador Hernandez v. Garland, No. 20-72138 (9th Cir. Oct. 31, 2022)particularly serious crime; I-213 reliability; Alcaraz-Enriquez; right to cross-examine police and DHS; schizophrenia; mental health; CAT; government acquiescence; aggregating risk; 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 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

Zapata-Chacon v. Garland, No. 20-9645 (10th Cir. Oct. 25, 2022)Colorado definition of marijuana; motion to reconsider and terminate; definition of review; definition of relief; INA § 241(a)(5); jurisdiction; 28J letter Morales v. Garland, No. 20-1305 (4th Cir. Oct. 24, 2022) particular social group; witnesses to gang crime; women unable to leave their domestic relationship; family; particularity; social distinction; nexus; exhaustion; El Salvador Guevara-Fabian v. Garland, No. 20-60627 (5th Cir. Oct. 25, 2022)asylum; particular social group; family group; nexus; extortion; El Salvador Mendoza-Linares v. Garland, No. 20-71582 (9th Cir. Oct. 24, 2022)arriving alien; credible fear review; reasonable fear; Thuraissigiam; Transit Bar; INA § 242(e); constitutional claims; constitutional rights; due process INA § 242(d); nondelegation doctrine*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.!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

Chavez v. Garland, No. 21-1267 (1st Cir. Oct. 21, 2022)withholding of removal; imputed political opinion; imputed particular social group; imputed gang member; Matter of E-A-G-; Chevron Step 2; CAT; willful blindness; MS-13; El Salvador H.H. v. Garland, No. 21-1150 (1st Cir. Oct. 21, 2022)CAT protection; acquiescence; willful blindness test; mixed question of law and fact; experts; Matter of S-V-; CAT regulations; legislative history; private actors as government actors; under color of law; Fourteenth Amendment; MS-13; El Salvador; Honduras Dong v. Garland, No. 16-70543 (9th Cir. Oct. 19, 2022)credibility; omission; inconsistency between written statement and testimony; interrogation; demeanor; household registration document De Leon Lopez v. Garland, No. 20-71529 (9th Cir. Oct. 21, 2022)CAT; government acquiescence; agency deference; speculation; substantial evidence; relocation; government actor; police officers as gang members; 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"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

Singh v. Garland, No. 20-70050 (9th Cir. Oct. 12, 2022)en banc challenge; in absentia motion to reopen; deficient NTA; statutory interpretation; Rodriguez; Laparra Sarr v. Garland, No. 20-3836 (2d Cir. Oct. 12, 2022)venue; jurisdiction; stay of removal; INA § 242(b)(2) Moreno v. Garland, No. 21-1237 (1st Cir. Oct. 14, 2022)adjustment of status; INA § 245(a); discretion; motion to remand; new evidence; jurisdiction  Baghdad v. Att'y Gen. U.S., No. 21-2094 (3d Cir. Oct. 11, 2022)mens rea; mental state; aggravated felony theft offense; retail theft under 18 Pa. Cons. Stat. § 3929(a)(1); permissive inference by a jury; 18 Pa. Cons. Stat. § 3929(c); use of the word “shall”; realistic probability test*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.!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

Munoz v. DOS, et al., No. 21-55365 (9th Cir. Oct. 5, 2022)doctrine of consular nonreviewability; Immigrant Visa; tattoos; facially legitimate bonafide reason; timely notification; Due Process Cordero-Chavez v. Garland, No. 21-60370 (5th Cir. Oct. 4, 2022)credibility; CAT protection; inconsistency; CAT box; waiver of CAT claim; Eduard v. Ashcroft Ndifon v. Garland, No. 20-60997 (5th Cir. Oct. 4, 2022)CAT protection notwithstanding adverse credibility finding; failure to consider evidence; Anglophone; Cameroon Cante-Lopez v. Garland, No. 21-1922 (1st. Cir. Oct. 5, 2022)exhaustion; failure to make argument; pro se; severity of harm; family membership; BIA decision without opinion; Guatemala Dorce v. Garland, No. 21-1336 (1st Cir. Oct. 3, 2022)due process; prejudice; notice of hearing; likely to affect; LPR cancellation of removal; criminal history Reyes-Batista v. Garland, No. 21-1111 (1st Cir. Oct. 7, 2022)former INA § 212(c) relief; nunc pro tunc; imputed domicile; equitable estoppel; affirmative misconduct Matter of Bador, 28 I&N Dec. 638 (BIA 2022)INA § 237(a)(1)(H) waiver; conditional permanent resident; INA § 216(c)(4)(B); I-751; Vasquez v. Holder; bonafide marriage*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.!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

Lara-Garcia v. Garland, No. 20-71703 (9th Cir. Sept. 26, 2022)motion to reopen; vacated conviction; Cardoso-Tlaseca; simple possession of drugs; Federal First Offender’s Act (FFOA); Lujan-Armendariz; sua sponte; CIMT – Cal. Pen. Code § 459, misdemeanor burglary; Cal. Pen. Code § 496(a), misdemeanor receipt of stolen property; Cal. Health and Safety Code § 11364(a), misdemeanor possession of drug paraphernalia De La Rosa-Rodriguez v. Garland, No. 20-71923 (9th Cir. Sept. 27, 2022)Non-LPR cancellation of removal; jurisdiction; Patel; mixed question of law and fact  Ruiz-Perez v. Garland, No. 20-61133 (5th Cir. Sept. 30, 2022)reinstatement; VAWA cancellation of removal; Nasrallah; Guzman Chavez*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.!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

September 2022 Patron Shout Out!Derrick UpchurchBreanna CaryNenad MilosevicYuna E. ScottLorraine MarteSusan GreggMichelle M. Marty RiveraPablo RodriguezDave BurtonFola OlumbunmiKumar v. Garland, No. 20-60712 (5th Cir. Sept. 21, 2022)exhaustion; due process; asylum; past persecution; government actor; BJP; India*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.!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

Singh v. Garland, No. 20-72806 (9th Cir. Sept. 14, 2022)past persecution; serious harm; death threats alone; fleeing home; age of victim for persecution; Shiromani Akali Dal Party (Mann Party); India Martinez Roman v. Garland, No. 20-3476 (2d Cir. Sept. 15, 2022)continuances; non-LPR cancellation of removal; exceptional and extremely unusual hardship; psychological expert; live testimony; duplicative testimony; duty to develop the record; Mexico Freza v. Att’y Gen. U.S., No. 21-2259 (3d Cir. Sept. 15, 2022)continuances; due process; no need to establish prejudice; regulatory violation; potential for prejudice; termination for regulatory violation; CAT deferral *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.!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

Intro + Hernandez Avilez v. Garland, No. 20-16142 (9th Cir. Sept. 8, 2022) (detention)Rodriguez De Palucho v. Garland, No. 22-0212 (6th Cir. Sept. 9, 2022)asylum; unable or unwilling to control private actors; extortion; rent; MS-13; El Salvador Agustin-Matias v. Garland, No. 21-60288 (5th Cir. Sept. 9, 2022)non-LPR cancellation of removal; qualifying relative; evidentiary burden; U.S. citizenship  Lopez v. Att'y Gen. U.S., No. 21-1490 (3d Cir. Sept. 9, 2022)NACARA; INA § 212(h) waiver; statutory interpretation; Congressional intent*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.!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

Gonzalez-Castillo v. Garland, No. 21-70112 (9th Cir. Aug. 31, 2022) ·       Interpol Red Notice; Article 13 of the Salvadoran Code; MS-13; serious reason to believe; serious nonpolitical crime; probable cause; burdens; Matter of W-E-R-B-; Salvadoran Art. 13; MS-13; IJ duty to develop the record Romero-Millan v. Garland, No. 16-73915 (9th Cir. Aug. 29, 2022) ·       law relating to a controlled substance; categorical approach; divisibility; certification; Arizona; A.R.S. § 13-3415; drug paraphernalia; A.R.S.§ 13-3408(A)(2); drug possession for sale Singh v. Garland, No. 19-73107 (9th Cir. Aug. 30, 2022) ·       changed country condition motion to reopen; credibility; Matter of F-S-N-; establish identity; Sikh; Mann Party; India  Casas v. Garland, No. 20-1739 (7th Cir. Aug. 29, 2022) ·       Reinstatement; reasonable fear interview; regulatory notice requirements; intent to reinstate; kidnapping; Mexico  Domingo-Mendez v. Garland, No, 21-1029 (1st Cir. Aug. 31, 2022) ·       non-LPR cancellation of removal; exceptional and extremely unusual hardship; clear error review; Guatemala Parada v. Garland, No. 19-60425 (5th Cir. Sept. 1, 2022) ·       Deficient NTA; stop time rule; motion to reopen; non-LPR cancellation 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"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