Immigration Review

Kevin A. Gregg, Esq. (kgregg@kktplaw.com)
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Aug 16, 2021 • 57min

Ep. 68 - Precedential Decisions from 8/9/2021 - 8/15/2021 (cancellation of removal; NACARA; convention against torture; government acquiescence; continuance; U visa; motion to reopen; changed country conditions; motion to reconsider; change in law)

[3:07] Matter of Hernandez-Romero, 28 I&N Dec. 374 (BIA 2021) NACARA; cancellation of removal; statutory construction [11:24] Sanchez-Ruano v. Garland, No. 18-71760 (9th Cir. Aug. 11, 2021)Cancellation of removal; INA § 240A(b); inadmissibility grounds; INA § 212; deportability grounds; INA § 237; removability vs relief[19:22] Mohamed v. Garland, No. 20-1829 (8th Cir. Aug. 13, 2021)Convention Against Torture; fact-finding; Matter of J-F-F-; more likely than not; government acquiescence; Somalia[29:01]Yusuf v. Garland, No. 20-2316 (8th Cir. Aug. 9, 2021) Motion to reopen; Convention Against Torture; changed country conditions; sua sponte; LGBT; Somalia; due process[35:21]Gonzales Quecheluno v. Garland, No. 20-2200 (8th Cir. Aug. 12, 2021)Motion to reopen; continuance; jurisdiction; admin closure; Matter of Sanchez Sosa; U Visa; [43:06] Gonzalez Hernandez v. Garland, No. 19-60274 (5th Cir. Aug. 13, 2021)Motion to reconsider; motion to reopen; change in law; aggravated felony; crime of violence; INA § 101(a)(43)(F); 18 U.S.C. § 16(b); Sessions v. Dimaya; El Salvador*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
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Aug 9, 2021 • 60min

Ep. 67 - Precedential Decisions from 8/2/2021 - 8/8/2021 (categorical approach; CIMT; particularly serious crime; particular social group; issue exhaustion; burdens of proof; motions to reopen; jurisdiction)

[3:10] Simpson v. U.S. Att'y Gen., No. 19-11156 (11th Cir. Aug. 4, 2021) Fla. Stat. § 790.23(1)(a); felon in possession; INA § 237(a)(2)(C); ammunition; divisibility; categorical and modified categorical approach; jury instructions  [10:11] Maie v. Garland, No. 19-73099 (9th Cir. Aug. 2, 2021) CIMT; theft; Haw. Rev. Stat. § 708-833(1); Model Penal Code; deprive; Matter of Diaz-Lizarraga; Matter of Burbano [18:03] Gilbertson v. Garland, No. 20-2355 (8th Cir. Aug. 2, 2021) particularly serious crimes; withholding of removal; Matter of G-G-S-; mental health; Shazi v. Wilkinson; drug trafficking; Matter of Y-L-; Los Zetas; Mexico [23:09] Rosales-Reyes v. Garland, No. 20-2417 (8th Cir. Aug. 4, 2021)  asylum; particular social group; drug cartels; CAT; relocation; Mexico [26:05] Nolasco v. Garland, No. 20-1034 (4th Cir. Aug. 2, 2021) Particular social groups; asylum; asylum; socially distinct; CAT protection; former gang membership; Matter of M-E-V-G-; Matter of W-G-R-; El Salvador [30:21] Vasquez-Rodriguez v. Garland, No. 19-71445 (9th Cir. Aug. 5, 2021) 8 U.S.C. § 1252(d)(1); issue exhaustion; futility; Matter of E-A-G-; particular social group; imputed gang membership; CAT; safe relocation; El Salvador.  [41:57] Romero v. Garland, No. 17-70534 (9th Cir. Aug. 2, 2021)  false claim to citizenship; INA § 212(a)(6)(C)(ii); burdens of proof; admission [48:17] Parada-Orellana v. Garland, No. 19-60645 (5th Cir. Aug. 6, 2021)  Motions to reopen; INA § 240A(b); non-LPR cancellation of removal; hardship; jurisdiction; INA § 242(a)(2)(B); in absentia order *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
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Aug 2, 2021 • 1h

Ep. 66 - Precedential Decisions from 7/26/2021 - 8/1/2021 (DHS stipulations; crime of child abuse; divisibility & burdens; + $10,000 agg. fel.; jurisdiction & discretion; issue exhaustion; VAWA cancellation; nexus; adverse credibility)

[3:11] Matter of A-C-A-A-, 28 I&N Dec. 351 (A.G. 2021)asylum; particular social group; DHS stipulations [7:37] Matter of Aguilar-Barajas, 28 I&N Dec. 354 (BIA 2021)aggravated statutory rape; Tenn. Code Ann. § 39-13-506(c); crime of child abuse under INA § 237(a)(2)(E)(i); Esquivel-Quintana [15:27] Marinelarena v. Garland, No. 14-72003 (9th Cir. July 26, 2021)Cal. Pen. Code § 182; Cal. Health & Safety Code § 11352(a); divisibility; burdens; Pereida  [22:06] Estella Orellana v. Mayorkas, et al., No. 20-16092 (9th Cir. July 28, 2021)naturalization; INA § 101(a)(43)(M)(i) aggravated felony; + $10,000; Cal Pen. Code § 550(b)(3); insurance fraud; Harvey waiver; motion to dismiss [30:55] Galvan v. Garland, No. 20-1485 (4th Cir. July 27, 2021)jurisdiction; discretion; non-LPR cancellation of removal; INA § 240A(b); exceptional and extremely unusual hardship [36:23] Mencia-Medina v. Garland, No. 20-1724 (8th Cir. July 29, 2021)issue exhaustion; VAWA cancellation of removal; BIA factfinding; discretionary determinations  [43:28] Vazquez-Guerra v. Garland, No. 18-60828 (5th Cir. July 29, 2021)family-based particular social group; nexus; one central reason; nexus for withholding of removal; Mexico [47:38] Singh v. Garland, No. 17-2368 (2d Cir. July 28, 2021)adverse credibility; inconsistency; omission; Sikh; Shiromani Akali Da Amritsar (SADA); India  [53:50] Omowole v. Garland, No. 20-2285 (7th Cir. July 29, 2021)credibility; fraud; sham marriage*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
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Jul 26, 2021 • 26min

Ep. 65 - Precedential Decisions from 7/19/2021 - 7/25/2021 (genocide; Rwanda; material misrepresentation; equity; latches; due process; non-LPR cancellation of removal; exceptional and extremely unusual hardship; change in IJ)

[2:39] Matter of O-R-E-, 28 I&N Dec. 330 (BIA 2021)equitable doctrine of latches; due process; genocide; Rwanda; INA § 212(a)(3)(E)(ii), (iii); credibility; material misrepresentation[13:53] Meza v. Garland, No. 20-2193 (7th Cir. July 20, 2021)non-LPR cancellation of removal INA § 240A(b); jurisdiction; good moral character; weighing of evidence; DUI [17:34] Orpinel-Robledo v. Garland, No. 20-2624 (8th Cir. July 19, 2021)non-LPR cancellation of removal INA § 240A(b); due process; change of judges; use of the word “the” [20:22] Avendano-Elvira v. Garland, No. 20-2775 (8th Cir. July 21, 2021)non-LPR cancellation of removal INA § 240A(b); due process; change of judges; right to a specific immigration judge*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
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Jul 19, 2021 • 60min

Ep. 64 - Precedential Decisions from 7/12/2021 - 7/18/2021 (administrative closure; reasonable fear review; termination; adverse credibility; IJ bias; motion to reopen; collateral estoppel; material support of terrorism; realistic probability test)

Matter of Cruz-Valdez, 28 I&N Dec. 326 (A.G. 2021)administrative closure; Matter of Castro-Tum Valarezo-Tirado v. Att'y Gen. U.S., No. 20-1705 (3d Cir. July 15, 2021)reasonable fear interview; reinstatement; withholding-only; adequacy of IJ decision; CAT B.R. v. Garland, No. 19-70386 (9th Cir. July 12, 2021)termination; regulatory violations; due process; service of NTA on minor; egregious constitutional violation; evidence of alienage; CAT; drug cartels; Mexico Lalayan v. Garland, No. 18-73062 (9th Cir. July 13, 2021)adverse credibility; plausibility; demeanor; ArmeniaSingh v. Garland, No. 19-60937 (5th Cir. July 12, 2021)stay of removal; due process; adverse credibility; IJ bias; extra-record evidence; Matter of R-K-K-; political opinion; persecution; Mann Party; BJP; India Sanchez-Gonzalez v. Garland, No. 20-3938 (6th Cir. July 16, 2021)motion to reopen; jurisdiction; INA § 241(a)(5); reinstatement; gross miscarriage of justice; Ohio Revised Code § 2943.031(A); duty to advise immigration consequences  Coto-Albarenga v. Garland, No. 20-2539 (8th Cir. July 12, 2021)adverse credibility; credible fear interview; discrepancies Fofana v. Mayorkas, No. 20-1623 (8th Cir. July 15, 2021)material support of terrorism; issue preclusion; collateral estoppel; United Liberation Movement Peh v. Garland, No. 20-1508 (8th Cir. July 16, 2021)realistic probability test; Iowa Code § 710.10(3); “entice”; INA § 237(a)(2)(E)(i); crime of child abuse, child neglect, or child abandonment Ochoa-Salgado v. Garland, No. 19-60519 (5th Cir. July 16, 2021)drug trafficking aggravated felony; INA § 101(a)(43)(B); delivery; offer to sell; rule of orderliness; categorical approach; Texas  Health and Safety Code § 481.112 *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"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
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Jul 12, 2021 • 32min

Ep. 63 - Precedential Decisions from 7/5/2021 - 7/11/2021 (jurisdiction; non-LPR cancellation of removal; particular social group; gangs; tattoos; admission; voluntary departure; aggravated felony - INA § 101(a)(43)(R); California forgery)

[2:17] Guerrero Trejo v. Garland, No. 20-60353 (5th Cir. July 2, 2021) INA § 240A(b); non-LPR cancellation of removal; hardship; jurisdiction; INA § 242(a)(2)(B); Guerrero-Lasprilla [8:14] Bautista-Bautista v. Garland, No. 20-1534 (8th Cir. July 6, 2021)particular social group; convention against torture; CAT; tattoos; Seguridad; Guatemala [11:18] Quintanilla v. Garland, No. 18-67 (2d Cir. July 9, 2021)withholding of removal; particular social group; Nasrallah; gangs; MS-13; El Salvador [17:22] Posos-Sanchez v. Garland, No. 17-72002 (9th Cir. July 7, 2021)admission; amnesty; INA § 240B(b); voluntary departure; Niz-Chavez and Pereira; NTA [24:59] Escobar Santos v. Garland, No. 17-72334 (9th Cir. July 9, 2021)forgery in violation of Cal. Pen. Code § 470a; aggravated felony; INA § 101(a)(43)(R)*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
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Jul 5, 2021 • 55min

Ep. 62 - Precedential Decisions from 6/28/2021 - 7/4/2021 (detention; in absentia motion to reopen; particular social group - gangs; family based particular social group; child abuse; divisibility; defective NTA; conviction)

Odds and EndsFlores settlementPatel v. Garland!!!!Johnson v. Chavez, No. 19-897 (U.S. June 29, 2021)detention; reinstatement; withholding of removal; Nasrallah Click here to support Immigrant’s List! – https://www.immigrantslist.org/ Matter of S-L-H- & L-B-L-, 28 I&N Dec. 318 (BIA 2021)in absentia motion to reopen; exceptional circumstances; de novo review; weather; traffic; tardiness; sufficiency of evidence Perez-Trujillo v. Garland, Nos. 11-1481, 17-1586 (1st Cir. June 28, 2021) particular social group; gang recruitment; former gang member; MS-13; El Salvador; Special Immigrant Juvenile status (SIJ); discretion; Matter of Arai; jurisdiction  Portillo-Flores v. Garland, No. 19-1591 (4th Cir. June 29, 2021) (en banc)asylum; past persecution; death threats; children; family based particular social group; El Salvador; MS-13 Adeeko v. Garland, No. 19-60703 (5th Cir. July 1, 2021)child abuse, abandonment, or neglect; INA § 237(a)(2)(E)(i); online solicitation of a minor in violation of Tex. Pen. Code § 33.021(c); categorical approach Parzych v. Garland, No. 20-2317 (7th Cir. June 28, 2021)categorical approach; modified categorical approach; divisibility; elements; means; jury instructions; Mathis peek  Mejia-Padilla v. Garland, No. 20-1720 (7th Cir. June 29, 2021)motions to reopen; defective NTA; Pereira; non-LPR cancellation of removal; stop-time rule; equitable tolling Brathwaite v. Garland, No. 20-27 (2d Cir. July 1, 2021)criminal conviction; finality; Chevron deference; Matter of J.M. Acosta; N.Y. Crim. Pen. L. § 460.30*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
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Jun 28, 2021 • 40min

Ep. 61 - Precedential Decisions from 6/21/2021 - 6/27/2021 (defective NTA; Special Immigrant Juvenile status; < 30 grams marijuana; circumstance specific approach; conviction; changed country condition motion to reopen; voluntary departure; particularity)

[2:35] Avila de la Rosa v. Garland, No. 20-1956 (7th Cir. June 24, 2021)defective notice to appear; NTA; prejudice; claims processing rule; Pereira; Niz-Chavez; motion to terminate [7:39] Matter of Moradel, 28 I&N Dec. 310 (BIA 2021)Special Immigrant Juvenile status; canon of statutory construction - rule of the last antecedent; statutory interpretation; N.J. Stat. § 2C:35-10(a)(4); simple possession; 30 grams or less of marijuana; circumstance specific approach  [14:55] Bogle v. Garland, No. 19-72290 (9th Cir. June 23, 2021)personal use exception under INA § 237(a)(2)(B)(i); conviction under INA § 101(a)(48); circumstances specific approach; police report; Pereida v. Wilkinson [20:50] Kaur v. Garland, No. 18-72786 (9th Cir. June 21, 2021)changed country condition motion to reopen; change in circumstances; personal circumstances; family-based particular social group; persecution by members of group; retribution; personal vendetta; acquiescence; CAT; relocation; women; India[27:30] Zamorano v. Garland, No. 19-72893 (9th Cir. June 25, 2021) prehearing voluntary departure under INA § 240B(a); due process; IJ duty to inquire - asylum;  8 C.F.R. § 1240.11; U-Visa[32:31] Moreno-Osorio v. Garland, No. 20-1035 (4th Cir. June 23, 2021)asylum; withholding of removal; CAT; Mara 18; Honduras; particularity; unlawfully wounding in violation of Va. Code Ann. § 18.2-51; crime of violence; Bordon*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
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Jun 21, 2021 • 24min

Ep. 60 - Precedential Decisions from 6/14/2021 - 6/20/2021 (asylum; particular social group; domestic violence; family group; regulations; family unification; withholding; changed country condition & sua sponte motion to reopen)

[2:13] Matter of A-B-, 28 I&N Dec. 307 (A.G. 2021) particular social group; Matter of A-B-; Matter of A-B- II; Matter of A-R-C-G- [5:51] Matter of L-E-A-, 28 I&N Dec. 304 (A.G. 2021)particular social group; Matter of L-E-A- II; family nexus; Niz-Chavez motion to terminate [9:24] Thamotar v. U.S. Att’y Gen., No. 19-12019 (11th Cir. June 17, 2021)asylum; withholding of removal; discretion; family unification; 8 C.F.R. § 1208.16(e); Sri Lanka; Tamil[16:22] Darby v. Att’y Gen. U.S., No. 20-2107 (3rd Cir. June 17, 2021)changed country condition motion to reopen; CAT; materiality; prima facie standard; sua sponte; Jamaica*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
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Jun 14, 2021 • 38min

Ep. 59 - Precedential Decisions from 6/7/2021 - 6/13/2021 (TPS; admission; crime of violence elements clause; recklessness; one year filing deadline & changed circumstances; CIMT & petty larceny; due process & venue; standard of review & CAT deferral)

[2:55] Sanchez v. Mayorkas, No. 20-315 (U.S. June 7, 2021)temporary protected status; TPS; admission; statutory interpretationClick here to support Immigrant's List! - https://www.immigrantslist.org/ [9:51] Bordon v. U.S., No. 19-5410 (U.S. June 10, 2021)ACCA; violent felony; crime of violence; INA § 101(a)(43)(F); 18 U.S.C. § 16(a); elements clause; recklessness; all mens rea[18:26] Matter of D-G-C-, 28 I&N Dec. 297 (BIA 2021)asylum; one year filing deadline; changed circumstances; definition of material [23:33] Veloz v. Garland, No. 19-4111 (2d Cir. June 7, 2021)New York petit larceny; N.Y. Pen. L. § 155.25; intent to appropriate; N.Y. Pen. L. § 155.00(4)(b); CIMT; Matter of Diaz-Lizarraga[28:13] Tobias-Chaves v. Garland, No. 20-4020 (6th Cir. June 8, 2021)procedural due process; prejudice; jurisdiction; venue; prejudice [31:58] Soto-Soto v. Garland, No. 20-70587 (9th Cir. June 11, 2021)standard of review; clear error; de novo; CAT deferral; indigenous women; Mexico; Interpol Red Notice*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

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