Immigration Review

Garland v. Gonzalez, et al., No. 20-322 (U.S. June 13, 2022)INA § 242(f)(1); injunctions; class action; individual; statutory interpretation; detention Johnson v. Arteaga-Martinez, No. 19-896 (U.S. June 13, 2022)statutory interpretation; canon of constitutional avoidance; detention; withholding-only proceedings; reinstatement; Jennings Aguirre-Zuniga  v. Garland, No. 21-1201 (7th Cir. June 16, 2022)methamphetamine; isomers; categorical approach; internal divisibility; Ind. Code § 35-48-4-1.1; realistic probability test; legislative silence Cabrera-Ruiz v. Garland, No. 21-2085 (7th Cir. June 14, 2022)CAT; acquiesce; fear of cartels; gang tattoo; credibility; Mexico Reyes Pujols v. Garland, No. 21-1128 (1st Cir. June 14, 2022)credibility; aggregate inconsistencies; demeanor; unconscious bias; trauma survivors; Dominican Republic  Matter of D-L-S-, 28 I&N Dec. 568 (BIA 2022)particularly serious crime; final judgment; deferred adjudication; assault; Fla. Stat. § 784.041; conviction; canon on consistent usage Holmes v. Garland, No. 21-2135 (8th Cir. June 17, 2022)remand; pro se admissions & concessions; due process; fundamental fairness Donnelly v. CARRP, No. 20-4243 (2d Cir. June 14, 2022)INA § 310(c); jurisdiction; mandatory claims processing rule; exhaustion; naturalization; Ireland Molina v. Garland, No. 19-73028 (9th Cir. June 13, 2022)asylum; past persecution; threats; fleeing; terrorist accusations; cumulative harm for asylum; El Chipote; risk percentage; protesting; CAT; detention at airport; Nicaragua  Greenwood v. Garland, No. 17-72389 (9th Cir. June 16, 2022)changed country condition motion to reopen; credibility; Matter of F-S-N-; identity; sua sponte; Jamaica Marquez-Reyes v. Garland, No. 17-71367 (9th Cir. June 14, 2022)alien smuggling; INA § 212(a)(6)(E)(i); encouraged; knowing; dictionaries; cannon of constitutional avoidance; First Amendment; pro-immigration political advocacy; Equal Protection; vagueness; administrative closure *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

USA v. Castillo, No. 21-527 (2d Cir. June 8, 2022)crime of violence; attempt; violent force; attempted second-degree gang assault in violation of N.Y. Pen. L. §§ 120.06 and 110.00; legal impossibility  Flores-Alonso v. U.S. Att'y Gen., No. 19-14058 (11th Cir. June 6, 2022)non-LPR cancellation of removal under INA § 240A(b); exceptional and extremely unusual hardship; Patel; reasoned consideration Donate to Immigrant's List Vasquez-Borjas v. Garland, No. 17-70867 (9th Cir. June 6, 2022)CIMT; Cal. Pen. Code § 472; forgery; intent to defraud; social security card; rule of the last antecedent; exhaustion; Matter of Burbano Mendoza-Garcia v. Garland, No. 20-73583 (9th Cir. June 10, 2022)first-degree burglary of a dwelling; Or. Rev. Stat.§ 164.225; aggravated felony theft offense; INA § 101(a)(43)(G); divisibility; Oregon occupied dwelling; particularly serious crime; case-by-case analysis Fosu v. Garland, No. 20-60749 (5th Cir. June 7, 2022)prison mailbox rule; conspiracy to commit bank and wire fraud in violation of 18 U.S.C. § 1349; INA § 101(a)(43)(U)/(M); restitution; loss to the victim Monsonyem v. Garland, No. 20-60952 (5th Cir. June 7, 2022)crime of child abuse; INA § 237(a)(2)(E)(i); Tex. Pen. Code § 22.04(a)(3); divisibility; affirmative defense; jury instructions; Mathis peak*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: @immreviewLearn about your host!More episodes!Case notes!Top 15 immigration podcast in the U.S.!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

Lopez-Perez v. Garland, No. 20-60131 (5th Cir. June 1, 2022)domestic violence based asylum claims; Jaco v. Garland; A-R-C-G-; failure to file a brief with the BIA; futility of remand; El Salvador Bertrand v. Garland, No. 19-60620 (5th Cir. June 3, 2022)unable or unwilling to protect; police reports; Matter of O-Z- & I-Z-; complete helplessness; Patel; voodoo; Haiti*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: @immreviewLearn about your host!More episodes!Case notes!Top 15 immigration podcast in the U.S.!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

USA v. Jimenez-Shilon, No. 20-13139 (11th Cir. May 23, 2022)18 U.S.C. § 922(g)(5)(A); right of “the people” to bear arms Nunez v. Att'y Gen. U.S., No. 20-2651 (3d Cir. May 26, 2022)endangering the welfare of a child in the third degree, in violation of N.J. Stat. § 2C:24-4(a)(1); use and definition of “would”; crime of child abuse, neglect, or abandonment;  INA § 237(a)(2)(E)(i); likelihood of harm; tendency for harm; capacity to harm Cardona-Franco v. Garland, No. 19-60789 (5th Cir. May 24, 2022)credibility; IJ bias; exhaustion; motion to reconsider; previously available evidence Li v. Garland, No. 21-3328 (8th Cir. May 27, 2022)changed country condition motion to reopen; Chinese Christian; Matter of F-S-N-; prima facie case*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: @immreviewLearn about your host!More episodes!Case notes!Top 15 immigration podcast in the U.S.!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

Patel v. Garland, No. 20-979 (U.S. May 16, 2022)jurisdiction to review five types of discretionary relief; statutory interpretation; false claim to citizenship; agency power Saint Ford v. Att'y Gen U.S., No. 21-1729 (3d Cir. May 16, 2022)ineffective assistance of counsel motion to reopen; corroboration; prejudice; truth of statements  in motion; Platform Petit Dessalines (PPD); Haiti Argueta-Orellana v. Att’y Gen. U.S., No. 20-1581 (3d Cir. May 20, 2022)failure to file a brief with BIA; regulatory interpretation; 8 C.F.R. § 1003.l(d)(2)(i)(E)Ali v. Garland, No. 21-1296 (1st Cir. May 5, 2022)evidence in totality; private actors; security forces; Al-Shabaab; CAT; Somalia  Fon v. Garland, No. 20-73166 (9th Cir. May 18, 2022)asylum; past persecution; nexus; standard of review; Anglophone; Cameroon Olea-Serefina v. Garland, No. 20-72231 (9th Cir. May 19, 2022)aggravated felony crime of violence; § 101(a)(43)(F); § 16(a); corporal injury upon a child in violation of Cal. Pen Code § 273d(a); term of imprisonment; violent force; use of the word “an”; old state case law; continuances Nkenglefac v. Garland, No. 19-60647 (5th Cir. May 18, 2022)asylum; credibility; extra-record evidence; credible fear interview; discrepancies; opportunity to explain; SCNC; Cameroon Vasquez-De Martinez v. Garland, No. 21-60856 (5th Cir. May 16, 2022)extensions of time; motion to dismiss; voluntary dismissal; Federal Rule of Appellate Procedure 42Arreola-Ochoa v. Garland, No. 21-1179 (7th Cir. May 17, 2022)deficient NTA; prejudice; timeliness; dismissal; claims processing rule*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: @immreviewLearn about your host!More episodes!Case notes!Top 15 immigration podcast in the U.S.!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

Ed and Liz take us through the case and settlement Dong, et al. v. Johnson, et al., Case No. 17-2092-ES-JSA—a class-action lawsuit which challenged various actions and conduct of the U.S. Government related to the University of Northern New Jersey (“UNNJ”).  UNNJ was a fake university set up by DHS.  After over five years of litigation, the lawsuit has now settled, and the Court has approved the parties’ Settlement Agreement.  Rejoice!Links!:Everything you need to know about the lawsuit and settlementAMENDED SETTLEMENT AGREEMENT AND RELEASE NOTICE OF PROPOSED CLASS ACTION SETTLEMENT About EdAbout Liz*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: @immreviewLearn about your host!More episodes!Case notes!Top 15 immigration podcast in the U.S.!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 B-Z-R-, 28 I&N Dec. 563 (A.G. 2022)mental health; Matter of G-G-S-; particularly serious crime Kithongo v. Garland, No. 21-2662 (7th Cir. May 9, 2022)particularly serious crime; conspiracy to commit robbery; violent crimes; Matter of N-A-M-; jurisdiction; exhaustion; case processing rule; actually argued Tojin-Tiu v. Garland, No.  21-2269 (8th Cir. May 12, 2022)family-based particular social group; fear of gangs; persecution Guatemala Jang v. Garland, No. 19-4289 (2d Cir. May 9, 2022)CIMT; attempted second-degree money laundering; N.Y. Penal L. § 470.15(1)(b)(ii)(A); Matter of Tejwani; intent to defraud; knowing mens rea Pena-Lopez v. Garland, No. 20-60911 (5th Cir. May 12, 2022)mixed question of law and fact; jurisdiction; VAWA motion to reopen; VAWA cancellation of removal; extraordinary circumstances or extreme hardship to the noncitizen’s child; Guerrero-Lasprilla; INA § 242(a)(2)(D)Priva v. U.S. Att'y Gen., No. 20-12521 (11th Cir. May 12, 2022)reasonable fear proceedings; right to counsel; due process; substantial prejudice; Nasrallah factual findings; Haiti Lopez Morales v. U.S. Att'y Gen., No. 20-14054 (11th Cir. May 11, 2022)exhaustion; asylum; reasoned consideration; Mayan race; Mam; 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: @immreviewLearn about your host!More episodes!Case notes!Top 15 immigration podcast in the U.S.!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

U.S. v. Begay, No. 14-10080 (9th Cir. May 5, 2022) (en banc)crime of violence; recklessness; Borden Udo v. Garland, No. 20-70078 (9th Cir. May 4, 2022)credibility; frivolous asylum finding; deliberate fabrication; materiality; gay men; homosexuality; consideration of all evidence; adverse credibility and Convention Against Torture; Nigeria Matter of German Santos, 28 I&N Dec. 552 (BIA 2022)Penn. Cons. Stat. § 780-113(a)(30); INA § 237(a)(2)(B)(i); divisibility; sentence enhancement; modified categorical approach; non-LPR cancellation; DUI; discretion; Matter of Laguerre Alvarez v. Garland, No. 22-6021 (2d Cir. May 5, 2022)violation of a court protection order; INA § 237(a)(2)(E)(ii); in forma pauperis motion; first-degree contempt of court in violation of N.Y. Penal L. § 215.51; circumstance specific approach *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: @immreviewLearn about your host!More episodes!Case notes!Top 15 immigration podcast in the U.S.!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 Dang, 28 I&N Dec. 541 (BIA 2022)misdemeanor domestic abuse battery with child endangerment in violation of LA Stat. § 14:35.3(I); crime of domestic violence; INA § 237(a)(2)(E)(i); physical force; 18 U.S.C. § 16(a); Castleman, StokelingBhaktibhai-Patel v. Garland, No. 19-2565 (2d Cir. Apr. 27, 2022)jurisdiction; final order; finality; withholding only proceedings; reinstatement; INA § 101(a)(47); illegal reentry; due process; Thuraissigiam Hernandez-Ortiz v. Garland, No. 16-72752 (9th Cir. Apr. 26, 2022)motion to reopen; equitable tolling; ineffective assistance of counsel; prejudice; egregious; drug cartels; Mexico Gutierrez-Zavala v. Garland, No. 20-73398 (9th Cir. Apr. 26, 2022)reinstatement; jurisdiction; Chenery Doctrine; motion to reopen Salat v. Garland, No. 20-2662 (8th Cir. Apr. 28, 2022)CAT deferral; factfinding; internally displaced person camp; IDP camp; mental health illness; mental health facility; Somaliland; 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: @immreviewLearn about your host!More episodes!Case notes!Top 15 immigration podcast in the U.S.!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

Aaliyah The Brave: Empowering Children Coping with Immigration Enforcement, by Rekha Sharma-Crawford, Esq.Pre-order on Amazon, here! About the book About the author: https://sharma-crawford.com/attorny-profiles/Barros v. Garland, No. 21-1335 (1st Cir. Apr. 19, 2022)LPR cancellation of removal; discretion; dead fish standard of review; exhaustion;  jurisdiction; requirement to file motion to reconsider with BIA Matter of Dingus, 28 I&N Dec. 529 (BIA 2022)nunc pro tunc changes to convictions; vacatur; modification; distribution of a controlled substance in violation of VA Code § 18.2-248; Matter of Pickering; burdens; Thomas and Thompson; salvinorin A Rodriguez v. Garland, No. 20-60008 (5th Cir. Apr. 19, 2022)in absentia motion to reopen; deficient NTA; Niz Chavez; INA § 239(a)*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: @immreviewLearn about your host!More episodes!Case notes!Top 15 immigration podcast in the U.S.!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