

Immigration Review
Kevin A. Gregg, Esq. (kgregg@kktplaw.com)
A weekly podcast of immigration case summaries and practice insights from your host, Kevin A. Gregg, a partner at the law firm Kurzban Kurzban Tetzeli & Pratt P.A. Each Monday, the Immigration Review podcast reviews the latest published opinions from the U.S. Supreme Court, the Board of Immigration Appeals, and all U.S. Circuit Courts of Appeals—discussing some in depth, providing holdings for others, and always giving practical insights, rummaging through the week’s decisions so you don’t have to. *Read about your host and the KKTP law firm here: https://www.kktplaw.com/attorney/gregg-kevin-a/
Episodes
Mentioned books

Oct 21, 2021 • 1h 8min
Special Episode - Interview with Bashir Ghazialam (Afghanistan; personal story; refugee resettlement; how to assist the people of Afghanistan)
Click this link to learn more about Bashir![01:48] Introduction [03:18] Interview with Bashir Ghazialam[51:10] Immigration situation in Afghanistan and how to assist the people of Afghanistan Links to assist the people of Afghanistan (not affiliated with the podcast or Bashir):CAIR San DiegoMiry's ListForm I-134, Affidavit of SupportNPR: The Simple Steps You Can Take Right Now To Help Afghan RefugeesPBS: How you can help Afghan refugees arriving in the U.S.*Sponsors and friends of the podcast!Kurzban Kurzban Tetzeli and Pratt P.A.www.kktplaw.com/Immigration, serious injury, and business lawyers serving clients in Florida, San Diego, and all over the world for over 40 years.Docketwisewww.docketwise.com/immigration-review"Modern immigration software & case management"*Want to become a patron of Immigration Review? Check out our Patreon page at https://www.patreon.com/immigrationreview *CONTACT INFORMATIONEmail: kgregg@kktplaw.comFacebook: "Immigration Review Podcast" or @immigrationreviewInstagram: @immigrationreviewTwitter: @immreview*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/*More episodes at: https://www.kktplaw.com/immigration-review-podcast/*Featured in the top 15 of Immigration Podcast in the U.S.! https://blog.feedspot.com/immigration_podcasts/DISCLAIMER: Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. MUSIC CREDITS: "Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.0Support the show

Oct 18, 2021 • 21min
Ep. 77 - Precedential Decisions from 10/11/2021 - 10/17/2021 (cumulative persecution analysis; I-130 and bonafide marriage; controlled substance offense and drug trafficking aggravated felony; divisibility; deficient NTA)
[2:53] Liang v. Att’y Gen. U.S., No. 20-3353 (3d Cir. Oct. 12, 2021)past persecution; totality or cumulative analysis; standard of review; mixed question of law and fact; China; Christian [7:00] Matter of Kagumbas, 28 I&N Dec. 400 (BIA 2021)I-130 petition; bonafide marriage; adequate transcript of hearing; indiscernible[12:57] Chery, et. al v. Garland, Nos. 18-1036, 19-223 (2d Cir. Oct. 15, 2021)Conn. Gen. Stat. § 21a-277(a); controlled substance offense; aggravated felony drug trafficking; categorical approach; different punishments; same punishments; divisibility; state supreme court; Niz-Chavez, deficient NTAs, and jurisdiction; Appendix change of law suggestion*Sponsors and friends of the podcast!Kurzban Kurzban Tetzeli and Pratt P.A.www.kktplaw.com/Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.Docketwisewww.docketwise.com/immigration-review"Modern immigration software & case management"*Want to become a patron of Immigration Review? Check out our Patreon page at https://www.patreon.com/immigrationreview *CONTACT INFORMATIONEmail: kgregg@kktplaw.comFacebook: "Immigration Review Podcast" or @immigrationreviewInstagram: @immigrationreviewTwitter: @immreview*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/*More episodes at: https://www.kktplaw.com/immigration-review-podcast/*Featured in the top 15 of Immigration Podcast in the U.S.! https://blog.feedspot.com/immigration_podcasts/DISCLAIMER: Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. MUSIC CREDITS: "Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.Support the show

Oct 11, 2021 • 27min
Ep. 76 - Precedential Decisions from 10/4/2021 - 10/10/2021 (economic persecution; waiver of argument; deficient NTA; Valdivia-Flores, accomplice liability, and crimes of violence; past persecution and failure to report; CAT and cumulative harm)
[2:22] Hernandez-Hernandez v. Garland, No. 21-3210 (6th Cir. Oct. 4, 2021)economic persecution; Guatemala; K’iche [5:32] Ramos Rafael v. Garland, No. 21-0233 (6th Cir. Oct. 7, 2021)waiver of argument; unable or unwilling to protect; NTA deficiencies; Pereira and Niz-Chavez; due process; prejudice [9:03] Amaya v. Garland, No. 18-70060 (9th Cir. Oct. 7, 2021)Valdivia-Flores; first-degree assault under Washington Revised Code § 9A.36; categorical approach; accomplice; aiding and abetting; mens rea; general intent; crime of violence; Borden; MS-13 [19:22] Murry v. Garland, No. 20-3109 (7th Cir. Oct. 7, 2021)asylum; past persecution; gay men; anti-sodomy laws; Jamaica; failure to report harm [22:42] Nyandwi v. Garland, No. 20-3215 (7th Cir. Oct. 8, 2021)CAT deferral; cumulative or aggregate risk; holistic approach; statistical analysis; Burundi; Twa *Sponsors and friends of the podcast!Kurzban Kurzban Tetzeli and Pratt P.A.www.kktplaw.com/Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.Docketwisewww.docketwise.com/immigration-review"Modern immigration software & case management"*Want to become a patron of Immigration Review? Check out our Patreon page at https://www.patreon.com/immigrationreview *CONTACT INFORMATIONEmail: kgregg@kktplaw.comFacebook: "Immigration Review Podcast" or @immigrationreviewInstagram: @immigrationreviewTwitter: @immreview*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/*More episodes at: https://www.kktplaw.com/immigration-review-podcast/*Featured in the top 15 of Immigration Podcast in the U.S.! https://blog.feedspot.com/immigration_podcasts/DISCLAIMER: Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. MUSIC CREDITS: "Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.Support the show

Oct 4, 2021 • 17min
Ep. 75 - Precedential Decisions from 9/27/2021 - 10/3/2021 (deficient NTA; in absentia motion to reopen ; Niz Chavez; due process; pro se appeals; summary dismissal)
[2:34] Rodriguez v. Garland, No. 20-60008 (5th Cir. Sept. 27, 2021)in absentia motion to reopen; deficient NTA; Niz Chavez; INA § 239(a) [9:43] Nolasco-Amaya v. Garland, No. 20-70187 (9th Cir. Sept. 28, 2021)due process; pro se appeals; notice of appeal; putting BIA on notice; summary dismissal *Sponsors and friends of the podcast!Kurzban Kurzban Tetzeli and Pratt P.A.www.kktplaw.com/Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.Docketwisewww.docketwise.com/immigration-review"Modern immigration software & case management"*Want to become a patron of Immigration Review? Check out our Patreon page at https://www.patreon.com/immigrationreview *CONTACT INFORMATIONEmail: kgregg@kktplaw.comFacebook: "Immigration Review Podcast" or @immigrationreviewInstagram: @immigrationreviewTwitter: @immreview*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/*More episodes at: https://www.kktplaw.com/immigration-review-podcast/*Featured in the top 15 of Immigration Podcast in the U.S.! https://blog.feedspot.com/immigration_podcasts/DISCLAIMER: Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. MUSIC CREDITS: "Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.Support the show

Sep 27, 2021 • 48min
Ep. 74 - Precedential Decisions from 9/20/2021 - 9/26/2021 (nexus; Yemen; motion to reopen - changed country conditions, sua sponte, exceptional circumstances; NTA deficiencies; parole; accomplice & categorical approach; credibility)
[2:49] Ghanem v. Att’y Gen. U.S., No. 19-1475 (3d Cir. Sept. 22, 2021)asylum; political opinion; nexus; mixed-motive; tribal; ignoring evidence; corroboration; reasonable explanation; CAT; Matter of J-F-F-; hypotheticals; Houthi; Yemen [9:09] Abushagif v. Garland, No. 19-60807 (5th Cir. Sept. 24, 2021)motion to reopen; changed country conditions; affidavits; inherently believable; burdens; asylum; CAT; Libya [14:01] Matter of Arambula-Bravo, 28 I&N Dec. 388 (BIA 2021)NTA; jurisdiction; Niz-Chavez; Pereira; parole termination; charging document; 8 C.F.R. § 212.5(e)(2)(i); 8 C.F.R. § 1003.13; INA § 274(A)(1)(a)(ii); aggravated felony; INA § 101(a)(43)(N); alien smuggling [20:10] Tino v. Garland, No. 20-3508 (8th Cir. Sept. 20, 2021)Pereira; Niz-Chavez; jurisdiction; NTA; asylum; Guatemala; gangs [22:29] Berdiev v. Garland, No. 20-9542 (10th Cir. Sept. 21, 2021)sua sponte motion to reopen; equitable tolling; ineffective assistance of counsel; due diligence; Matter of Zmijewska; ten-year bar for failure to voluntarily depart; Chenery [29:55] Alfred v. Garland, No. 19-72903 (9th Cir. Sept. 22, 2021)Valdivia-Flores; Washington robbery; categorical approach; accomplice; aiding and abetting [36:27] Li v. Garland, No. 18-70943 (9th Cir. Sept. 21, 2021)adverse credibility; omissions; inconsistencies; Iman v. Barr; totality; respondent confusion and sloppy testimony; misuse of pronouns; China; house church; misrepresentation in application [41:02] Cui v. Garland, No. 18-72030 (9th Cir. Sept. 23, 2021)motion to reopen; in absentia; exceptional circumstances; appeal of in absentia removal order; immigration court mistakes; Matter of Guzman-Arguera*Sponsors and friends of the podcast!Kurzban Kurzban Tetzeli and Pratt P.A.www.kktplaw.com/Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.Docketwisewww.docketwise.com/immigration-review"Modern immigration software & case management"*Want to become a patron of Immigration Review? Check out our Patreon page at https://www.patreon.com/immigrationreview *CONTACT INFORMATIONEmail: kgregg@kktplaw.comFacebook: "Immigration Review Podcast" or @immigrationreviewInstagram: @immigrationreviewTwitter: @immreviewDISCLAIMER: Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. MUSIC CREDITS: "Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.Support the show

Sep 20, 2021 • 18min
Ep. 73 - Precedential Decisions from 9/13/2021 - 9/19/2021 (INA § 212(h) waiver; admission; lawfully admitted for permanent residence; fundamental fairness; INA § 240(b)(4)(B); probativeness of evidence; DHS burdens; hearsay evidence)
[1:48] Thank you Patrons![2:15] Matter of N-V-G-, 28 I&N Dec. 380 (BIA 2021)INA § 212(h) waiver; Minn. Stat. § 609.222(1); refugee adjustment of status under INA § 209; admission; lawfully admitted for permanent residence; legislative history; crime of domestic violence; INA § 237(a)(2)(E)(i); crime of violence aggravated felony; INA § 101(a)(43)(F) [9:01] Alcaraz-Enriquez v. Garland, No. 15-71553 (9th Cir. Sept. 16, 2021)fundamental fairness; INA § 240(b)(4)(B); probativeness of evidence; admissibility of evidence; DHS burdens; right to cross examination; hearsay; credibility; Dai; particularly serious crime*Sponsors and friends of the podcast!Kurzban Kurzban Tetzeli and Pratt P.A.www.kktplaw.com/Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.Docketwisewww.docketwise.com/immigration-review"Modern immigration software & case management"*Want to become a patron of Immigration Review? Check out our Patreon page at https://www.patreon.com/immigrationreview *CONTACT INFORMATIONEmail: kgregg@kktplaw.comFacebook: "Immigration Review Podcast" or @immigrationreviewInstagram: @immigrationreviewTwitter: @immreview*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/*More episodes at: https://www.kktplaw.com/immigration-review-podcast/*Featured in the top 15 of Immigration Podcast in the U.S.! https://blog.feedspot.com/immigration_podcasts/DISCLAIMER: Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. MUSIC CREDITS: "Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.Support the show

Sep 13, 2021 • 1h 8min
Ep. 72 - Precedential Decisions from 9/6/2021 - 9/12/2021 (detention; Joseph hearing; habeas; crimes of violence; divisibility; post-conviction relief; CIMT; crime of child abuse, abandonment, or neglect; mental health; reinstatement; credibility)
[2:02] Gayles v. Warden, et al., No. 19-3241 (3d Cir. Sept. 3, 2021)mandatory detention; due process; Joseph hearing; burdens; INA § 242(f)(1) [7:59] Farah v. U.S. Att’y Gen., No. 19-12462 (11th Cir. Sept. 8, 2021)prolonged detention; habeas; INA § 241(a); Akinwale; controlled substance; Minn. Stat. §§ 152.025, 609.222; aggravated felony crime of violence; Matter of Jean; refugee adjustment § 209; “reasoned consideration”; withholding & CAT; Somalia [19:21] Talamantes-Enriquez v. U.S. Att'y Gen., No. 19-15080 (11th Cir. Sept. 9, 2021)aggravated felony; crime of violence; physical force; divisibility; charging document; post-conviction relief; ignoring state court judge actions [26:55] Sasay v. Att’y Gen. U.S., No. 20-1273 (3d Cir. Sept. 10, 2021)CIMT; intent to defraud; divisibility; Matter of Serna; 18 U.S.C. § 1028A(a); aiding and abetting [31:19] Marquez v. Garland, No. 18-3363 (2d Cir. Sept. 7, 2021)crime of child abuse, neglect, or abandonment; Matter of Soram; retroactivity; N.Y. Pen. L. § 260.10(1) [35:55] Diaz-Rodriguez v. Garland, No. 13-73719 (9th Cir. Sept. 10, 2021)crime of child abuse, neglect, or abandonment; unitary concept; criminal negligence; Matter of Soram; Cal. Pen. Code § 273a(a); Chevron ; statutory interpretation; deference to panel [43:41] Benedicto v. Garland, No. 18-73237 (9th Cir. Sept. 9, 2021)mental illness; mental health; Matter of M-A-M-; Matter of M‑J-K-; due process; qualified representative; termination; CAT; Dominican Republic [48:43] Iraheta-Martinez v. Garland, No. 18-72692 (9th Cir. Sept. 7, 2021)withholding-only; due process; reinstatement; exhaustion; futility; constitutional claims; statutory interpretation; “notwithstanding clause”; MS-13; LGBTQ; gang opposition; El Salvador [55:33] Alam v. Garland, No. 19-72744 (9th Cir. Sept. 8, 2021) (en banc)credibility; “single factor rule”; totality of the circumstances; lie [59:03] Etemadi v. Garland, No. 18-72318 (9th Cir. Sept. 9, 2021)law-of-the-case; credibility; inconsistencies; falsus in uno, falsus in omnibus; error of fact; document authenticity; CAT; affidavits; Christianity; Iran; waiver/exhaustion; changed conditions; frivolous finding*Sponsors and friends of the podcast!Kurzban Kurzban Tetzeli and Pratt P.A.www.kktplaw.com/Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.Docketwisewww.docketwise.com/immigration-review"Modern immigration software & case management"DISCLAIMER: Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. MUSIC CREDITS: [see prior episodes]Support the show

Sep 6, 2021 • 30min
Ep. 71 - Precedential Decisions from 8/30/2021 - 9/5/2021 (aggravated felony and "alien"; credibility and Pidgin English; inconsistencies; derivative citizenship; CAT and willful blindness in Honduras)
[2:42] Singh v. Att’y Gen U.S., No. 20-1778 (3d Cir. Aug. 31, 2021)aggravated felony; controlled substance offense; “alien” at time of offense; Costello; Rossi; denaturalization; rule of lenity; statutory interpretation; Chevron; ambiguity; reasonable interpretation [9:59] B.C. v. Att’y Gen. U.S., No. 19-1408 (3d Cir. Sept. 1, 2021)credibility; inconsistency; asylum; memorizing testimony; Pidgin English; sue process; right to interpreter; Cameroon [15:58] Rodriguez-Ramirez v. Garland, No. 19-70506 (9th Cir. Sept. 1, 2021)adverse credibility; standard of review; inconsistency; omission [17:51] Giha v. Garland, No. 15-73085 (9th Cir. Sept. 2, 2021)derivative citizenship; burden shifting framework; summary judgment; common law marriage and separation in Peru [23:13] Gutierrez v. Garland, No. 19-60408 (5th Cir. Aug. 31, 2021)convention against torture; government acquiesce; willful blindness; MS-13; Honduras *Sponsors and friends of the podcast!Kurzban Kurzban Tetzeli and Pratt P.A.www.kktplaw.com/Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.Docketwisewww.docketwise.com/immigration-review"Modern immigration software & case management"*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/*More episodes at: https://www.kktplaw.com/immigration-review-podcast/*Featured in the top 15 of Immigration Podcast in the U.S.! https://blog.feedspot.com/immigration_podcasts/DISCLAIMER: Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. MUSIC CREDITS: "Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.Support the show

Aug 30, 2021 • 40min
Ep. 70 - Precedential Decisions from 8/23/2021 - 8/29/2021 (adverse credibility; reasonable fear proceedings & right to counsel; crime involving moral turpitude & retroactivity; asylum - relocation, particularly serious crime & past persecution)
[3:07] Munyuh v. Garland, No. 19-72890 (9th Cir. Aug. 25, 2021)adverse credibility; cherry-picking; inconsistencies; sexual violence; rape; Cameroon [10:19] Orozco-Lopez, et al. v. Garland, No. 20-70127 (9th Cir. Aug. 25, 2021)reinstatement; reasonable fear proceedings; reasonable fear appeal; right to counsel; prejudice; rule of lenity; statutory construction [17:03] Afanador v. Garland, No. 17-70127 (9th Cir. Aug. 27, 2021)retroactivity; CIMT; moral turpitude; Cal. Pen. Code § 314.1; Matter of Cortes Medina [22:46] Singh v. Garland, No. 19-704 (2d Cir. Aug. 25, 2021)asylum; reasonable relocation; Shiromani Akali Dal Amritsar; Mann party; Sikh; India [27:59] Mumad v. Garland, No. 20-2140 (8th Cir. Aug. 27, 2021)particularly serious crime; robbery; void for vagueness [33:39] Murugan v. U.S. Att'y Gen., No. 19-13715 (11th Cir. Aug. 24, 2021)asylum; past persecution; Tamil; Sri Lanka*Sponsors and friends of the podcast!Kurzban Kurzban Tetzeli and Pratt P.A.www.kktplaw.com/Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.Docketwisewww.docketwise.com/immigration-review"Modern immigration software & case management"*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/*More episodes at: https://www.kktplaw.com/immigration-review-podcast/*Featured in the top 15 of Immigration Podcast in the U.S.! https://blog.feedspot.com/immigration_podcasts/DISCLAIMER: Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. MUSIC CREDITS: "Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.Support the show

Aug 23, 2021 • 1h 1min
Ep. 69 - Precedential Decisions from 8/16/2021 - 8/22/2021 (categorical approach; jurisdiction; expedited removal; due process; false claim; credibility; serious nonpolitical crime bar; particular social group)
[2:16] Germain v. U.S. Att’y General, No. 20-11419 (11th Cir. Aug. 18, 2021)aggravated felony; INA § 101(a)(43)(P); relating to document fraud; 18 U.S.C. § 1546(a); cancellation of removal;[9:22] Lopez-Marroquin v. Garland, No. 18-72922 (9th Cir. Aug. 18, 2021)Cal. Veh. Code § 10851(a); categorical approach; divisibility; aggravated felony; 8 U.S.C. § 1101(a)(43)(G); Duenas-Alvarez v. Holder; Mathis v. United States[16:59] Guerrier v. Garland, No. 20-70115 (9th Cir. Aug. 16, 2021) jurisdiction; credible fear determination; expedited removal; colorable constitutional claim; due process; DHS v. Thuraissigiam[24:16] Flores-Rodriguez v. Garland, No. 19-70177 (9th Cir. Aug. 16, 2021)False claim to U.S. citizenship; INA § 212(a)(6)(C)(ii); adjustment of status; due process; prejudice[31:41] Dai v. Garland, No. 15-70776 (9th Cir. Aug. 20, 2021)Garland v. Dai; adverse credibility; presumption of credibility; deemed credible; persuasiveness[34:15] Liang v. Garland, No. 18-2257 (2d Cir. Aug. 19, 2021)Asylum; withholding of removal; Convention Against Torture; credibility; factual omission; factual inconsistency; substantial evidence[42:18] Sharma v. Garland, No. 20-70238 (9th Cir. Aug. 17, 2021)Asylum; withholding of removal; reasonable fear of persecution; Convention Against Torture; voluntary departure; jurisdiction[46:29] Villalobos Sura v. Garland, No. 20-71839 (9th Cir. Aug. 17, 2021)Withholding of removal; serious nonpolitical crime bar; probable cause; INTERPOL Red Notice; Convention Against Torture; government acquiescence; El Salvador[53:09] Plancarte Sauceda v. Garland, No. 19-73312 (9th Cir. Aug. 20, 2021) particular social group; immutable characteristic; asylum; withholding of removal; Convention Against Torture; government acquiescence; venue*Sponsors and friends of the podcast!Kurzban Kurzban Tetzeli and Pratt P.A.www.kktplaw.com/Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.Docketwisewww.docketwise.com/immigration-review"Modern immigration software & case management"DISCLAIMER: Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. MUSIC CREDITS: "Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.Support the show