Immigration Review

Vurimindi v. Att'y Gen. U.S., No. 19-1848 (3d Cir. Aug. 24, 2022)stalking in violation of 18 Pa. Stat. and Cons. Stat. § 2709.1(a)(1); divisibility; mens rea; INA § 237(a)(2)(E)(i); means vs. elements; intent; “demonstrate”; Pennsylvania jury instructions  Rivera-Medrano v. Garland, No. 20-1667 (1st Cir. Aug. 26, 2022)motion to remand; credibility; Matter of F-S-N-; expert psychological opinion; PTSD; memory issues; recollection of children; childhood trauma; credible and reasonable fear interview transcripts; border interviews; 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"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

Cordero-Garcia v. Garland, No. 19-72779 (9th Cir. Aug. 15, 2022)INA § 101(a)(43)(S), obstruction of justice; Valenzuela Gallardo; Cal. Pen. Code § 136.1(b)(1); Matter of Cordero-Garcia; realistic probability; Zombie alert! Ballinas-Lucero v. Garland, No. 17-73260 (9th Cir. Aug. 15, 2022)vacated convictions; Cal. Pen. Code § 1018; cancellation; Pereida; burdens; Thomas and Thompson Matter of V-A-K-, 28 I&N Dec. 630 (BIA 2022)N.Y. Pen. Law §§ 110.00 and 140.25(2); attempted burglary; INA §§ 101(a)(43)(U), (G); dwelling; overnight accommodation; violence; Sitt; Quarles Garcia Sarmiento v. Garland, No. 20-1679 (1st Cir. Aug. 17, 2022)reinstatement; withholding only proceedings; motion to reopen; time deadlines; jurisdiction; Honduras Tantchev v. Garland, No. 22-0195 (6th Cir. Aug. 19, 2022)receipt of stolen property aggravated felony; INA § 101(a)(43)(G); exporting stolen vehicles; 18 U.S.C. § 553; Matter of Daeng; willful blindness; reason to believe; knowledge Dor v. Garland, No. 20-1694 (1st Cir. Aug. 19, 2022)particularly serious crime; BIA’s failure to conduct analysis; Frentescu; criminal-alien bar; exhaustion; small amount of marijuana Al-Masaudi v. Garland, No. 21-2166 (8th Cir. Aug. 15, 2022)crime of child abuse; INA § 237(a)(2)(E)(i); Neb. Rev. Stat. § 28-707(1); Velazquez-Herrera; particularly serious crime; harm to persons; CAT deferral; criminal deportees; Iraq Estrada-Cardona v. Garland, No. 21-9562 (10th Cir. Aug. 17, 2022)in absentia motion to reopen; deficient NTA; statutory interpretation; sua sponte; equitable tolling; physical removal; reasoned decision making Dragomirescu v. U.S. Att'y Gen., No. 20-13705 (11th Cir. Aug. 16, 2022)in absentia motion to reopen; no notice; failure to update address; Matter of M-R-A-; presumptions; affidavits; deficient NTAWant 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

Tinoco Acevedo v. Garland, No. 20-2048 (4th Cir. Aug. 11, 2022)IJ bias; belittle; due process; Matter of Y-S-L-C-; lack of fluency in English; relying on evidence not in the record K.Y. v. U.S. Att'y Gen., No. 21-10271 (11th Cir. Aug. 9, 2022)particularly serious crime; asylum; transgender woman; extortion; issue exhaustion; discretionary findings and jurisdiction; Guyana Keta v. Garland, No. 21-3243 (8th Cir. Aug. 10. 2022)deferral; Kunama interpreter; CAT grant despite adverse credibility; reversing IJ; IJ Practice Manual; impeachment evidence; Eritrea Mohamed v. Garland, No. 21-2309 (8th Cir. Aug. 10. 2022)withholding; corroboration; musicians; Western values; clans; dancing with naked women; collateral estoppel; law of the case; reversing IJ; religion; Somalia*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

Sorto-Guzman v. Garland, No. 20-1762 (4th Cir. Aug. 3, 2022)single death threat; persecution; question of law; Catholic religion; burdens; Mara 18; El SalvadorGutierrez-Vargas v. Garland, No. 21-3520 (8th Cir. Aug. 1, 2022)particularly serious crime; reweighing evidence; crimes against persons; INA § 242(a)(2)(C); CAT deferral; dismemberment; Zetas; Mexico Perez-Camacho v. Garland, No. 19-72063 (9th Cir. Aug. 1, 2022)motion to reopen; modified convictions; sua sponte; gross miscarriage of justice; tolling; diligence  Troncoso-Oviedo v. Garland, No. 21-70547 (9th Cir. Aug. 5, 2022)INA § 101(f)(7); good moral character; presentence confinement; Chevron; Matter of Valdovinos; due process; waiving asylum application Chen v. Garland, No. 19-4162 (2d Cir. Aug. 5, 2022)sua sponte motion to reopen; review of legal or constitutional error; derivative asylum; China Campos-Chaves v. Garland, No. 20-60262 (5th Cir. Aug. 3, 2022)deficient NTA; Rodriguez; Spagnol-Bastos; Notice of Hearing; failure to provide address Matter of Fernandes, 28 I&N Dec. 605 (BIA 2022)partially deficient NTA; timely assertion of mandatory claims processing rule; “shall”; prejudice; dismissal; mental incompetence Castillo-Gutierrez v. Garland, No. 20-60492 (5th Aug. 5, 2022)deficient NTA; subject matter jurisdiction; Notice of Hearing; hardship; Patel Chuor v. Garland, No. 20-3571 (8th Cir. Aug. 4, 2022)CAT deferral; clear error; review of IJ factual findings; personal risk of torture; similar sounding names; mental illness; South Sudan Morfa Diaz v. DHS, et al., No. 20-2110763 (11th Cir. Aug. 5, 2022)aggravated felony drug trafficking; INA § 101(a)(43)(B); divisibility; naturalization; INA § 101(f)(8); NYPL § 220.39; narcotic Bastias v. U.S. Att'y Gen., No. 21-11416 (11th Cir. Aug. 2, 2022)INA § 237(a)(2)(E)(i); crime of child abuse, neglect, or abandonment; Soram; Velazquez-Herrera; culpably negligent; criminal negligence; review of state statutes to define; Chevron; reasonableness; burdens*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!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

Matter of Ortega-Quezada, 28 I&N Dec. 598 (BIA 2022)INA § 237(a)(2)(C); firearm offense; exchange; ammunition; gratuitous transfer; divisibility; double jeopardy; similarly-worded statutes; Pereida Martinez Alquijay v. Garland, No. 20-70470 (9th Cir. July 27, 2022)untimely asylum filing; one-year deadline; extraordinary circumstances; legal disability; stress; young age; failure to speak English Garcia-Marin v. Garland, No. 20-3393 (7th Cir. July 29, 2022)reinstatement; deferral of removal; physical removal; mootnessShkembi v. Att'y Gen. U.S., No. 21-2592 (3d Cir. July 27, 2022)visa waiver program violators; fraud at entry; photo-switched passport; asylum-only proceedings; withdraw of asylum application; adjustment of status; due process and motion to reopen; INA § 245(c)(4); Albania*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

Ndudzi v. Garland, No. 20-60782 (5th Cir. July 20, 2022)adverse credibility; demeanor; inconsistency; asylum; credible fear interview notes; Angola; Cabinda; Front for the Liberation of the Enclave of Cabinda (FLEC); BIA rewriting IJ decision Masin-Ventura v. Garland, No. 21-60610 (5th Cir. July 21, 2022)motion to reopen; equitable tolling; diligence Bravo-Bravo v. Garland, No. 20-71042 (9th Cir. July 18, 2022)reinstatement; gross miscarriage of justice; motion to reopen; challenge to reinstatement order; statute vs. regulations Lopez Luvian v. Garland, No. 18-73286 (9th Cir. July 19, 2022) reinstatement; jurisdiction; termination; false claim to U.S. citizenship; final order of exclusion; gross miscarriage of justice Dacostagomez-Aguilar v. U.S. Att'y Gen., No. 20-13576 (11th Cir. July 19, 2022)deficient NTA; in absentia motion to reopen; due process; failure to appear; Singh; Rodriguez; motion to change venue; Matter of Pena-Mejia*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

United States v. Hernandez-Calvillo, No. 19-3210 (10th Cir. July 13, 2022)encourage; induce; alien smuggling; First Amendment; 8 U.S.C. § 1324(a)(1)(A)(iv); Sineneng-Smith; statutory interpretation  USA v. Bastide-Hernandez, No. 19-30006 (9th Cir. July 11, 2022) (en banc)deficient NTA; claims processing rule; subject matter jurisdiction; § 1326; prejudice *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

Barseghyan v. Garland, No. 16-72849 (9th Cir. July 8, 2022)credibility; asylum; inconsistency; Alam; past persecution; totality of circumstances; opportunity to explain; plausibility; Armenia Gudiel-Villatoro v. Garland, No. 20-61050 (5th Cir. July 8, 2022)deficient NTA; in absentia motion to reopen; Rodriguez; failure to update address; failure to provide address; Spagnol-Bastos Daye v. U.S. Att'y Gen., No. 20-14340 (11th Cir. July 6, 2022)CIMT; drug trafficking; Va. Code Ann. § 18.2-248.01; Va. Code Ann. § 18.2-256; intent to distribute; conspiracy; mens rea; conspiracy; morally reprehensible  Rivera Vega v. Garland, No. 19-71750 (9th Cir. July 8, 2022) reinstatement with adjustment of status application pending before USCIS; INA § 212(a)(9)(C); IIRIRA; retroactivity; right to counsel; reasonable fear review Brito v. Garland, No. 21-1278 (7th Cir. July 7, 2022)clear error review; standard of review; speculation; DHS appeal; temporary BIA members; 8 C.F.R. § 1003.1(a)(4); Familia Michoacan cartel; CAT; 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

Zepeda-Lopez, et al. v. Garland, No. 19-145 (2d June 28, 2022)asylum; dual citizenship; dual nationality; statutory interpretation; “any”; dictionary definitions; INA § 101(a)(42)(A); refugee; UN Refugee Convention; statutory scheme as a whole; Matter of B-R-; Honduras Matter of E-F-N-, 28 I&N Dec. 591 (BIA 2022)credibility; impeachment; filing deadlines; fundamental fairness; Federal Rules of Evidence; Cameroon; SCNC Herrera-Alcala v. Garland, No. 20-1770 (4th Cir. June 30, 2022)venue; forum; Immigration Adjudication Center; credibility; Cuba; credible fear interview; omissions; inherent plausibility; recovery without medical attention; visa from persecuting country Antonio v. Garland, No. 22-0141 (6th Cir. June 29, 2022)stay of removal; Nken; irreparable-harm; CAT deferral; drug trafficking; gangs; Dominican Republic Barradas Jacome v. Att'y Gen. U.S., No. 20-2439 (3d Cir. June 30, 2022)18 Pa. Cons. Stat. § 3925(a); expedited removal; due process;  challenge removability; regulatory interpretation; exhaustion; administrative remedy; INA § 101(a)(43)(G); receipt of stolen property; mens rea Antonio Hernandez v. Garland, No. 20-70158 (9th Cir. June 27, 2022)NACARA; LPR cancellation of removal; INA § 240A(a); INA § 240A(c)(6); statutory interpretation; statutory scheme as a whole; Matter of Hernandez-Romero Alberto Hernandez v. Garland, No. 21-70493 (9th Cir. June 28, 2022)TPS; admission; admitted in any status; LPR cancellation of removal under INA § 240A(a); Sanchez v. Mayorkas; particularly serious crime; cumulative effect of convictions; Cal. Pen. Code § 273.5(A) Sarkar v. Garland, No. 17-72212 (9th Cir. July 1, 2022)circuit court administrative closure; discretion standard; ICE discretion not to remove; prosecutorial discretion memo; changed country condition motion to reopen; individualized risk; Bangladesh  Djie v. Garland, No. 20-60448 (5th Cir. June 29, 2022)number bar to motions to reopen; changed country condition motion to reopen; regulatory interpretation; conflict between statute and regulation; 8 C.F.R. § 1003.2(c)(2); doctrine of expressio unius est exclusio alterius*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!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. Taylor, No. 20-1459 (U.S. June 21, 2022)Hobbs Act robbery; 18 U.S.C. § 924(c)(3)(A); crime of violence; attempt; substantial step; realistic probability test Menghistab v. Garland, No. 21-2099 (7th Cir. June 21, 2022)changed country conditions motion to reopen; CAT deferral; review of foreign law; prima facie showing; Ethiopian citizenship; ethnic Eritrean; Ethiopia; Tigray War; Eritrea  Matter of Nchifor, 28 I&N Dec. 585 (BIA 2022)deficient NTA; timely assertion of mandatory claims processing rule; forum shopping; choice of law; law of jurisdiction of detention; venue Velasquez-Samayoa v. Garland, No. 21-70093 (9th Cir. June 24, 2022)CAT protection; harm in totality; aggregate risk; Dr. Thomas Boerman; MS-13; 18th Street gang; tattoos; percentage of harm; Matter of J-F-F-; expert testimony; 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"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