Immigration Review

Kevin A. Gregg, Esq. (kgregg@kktplaw.com)
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Jun 7, 2021 • 28min

Ep. 58 - Precedential Decisions from 5/31/2021 - 6/6/2021 (adverse credibility; administrative closure; Kisor deference; past persecution; new regulations; sua sponte motion to reopen; departure bar; nexus)

[1:48] Ep. preview with United States v. Abdul Aziz (1st Cir. Jun. 2, 2021) Massachusetts marijuana and hemp[2:44] Garland v. Dai, No. 19-1155 (U.S. June 1, 2021)adverse credibility; presumption of credibility; deemed credible; persuasiveness [8:26] Garcia-Deleon v. Garland, No. 20-3957 (6th Cir. June 4, 2021)administrative closure; Castro-Tum; regulatory interpretation; provisional unlawful presence waiver; 8 C.F.R § 212.7(e)(4)(iii) [13:29] Padilla-Franco v. Garland, No. 20-2415 (8th Cir. June 2, 2021)asylum; past persecution; particular social group; extortion; BIA standard of review [17:09] Rubalcaba v. Garland, No. 17-70845 (9th Cir. June 2, 2021)sua sponte motion to reopen; departure bar; Kisor deference [23:06] Sanchez-Castro v. U.S. Att’y Gen., No. 19-15091 (11th Cir. June 1, 2021)nexus; family-based particular social group; government acquiescence; MS-13; 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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May 31, 2021 • 39min

Ep. 57 - Precedential Decisions from 5/24/2021 - 5/30/2021 (illegal reentry convictions; IJ duty to develop record; MS-13; past torture; returning LPR applicant for admission; hardship; reason to believe drug trafficking)

[2:13] United States v. Palomar-Santiago, No. 20-437 (U.S. May 24, 2021)8 U.S.C. § 1326(d); illegal reentry; Leocal; motion to reopen; change in law [7:42] Quintero v. Garland, No. 19-1904 (4th Cir. May 26, 2021)presumption of credibility; duty to develop record; Matter of W-Y-C- & H-O-B-; pro se respondents; acquiescence; aggregate harm; Convention Against Torture; El Salvador; MS-13 [16:18] Dawson v. Garland, No. 19-73124 (9th Cir. May 26, 2021)Convention Against Torture; past torture; protective order; changed personal conditions;  relocation; Jamaica [20:28] Vazquez Romero v. Garland, No. 15-72947 (9th Cir. May 28, 2021)applicant for admission; returning LPR; Matter of Valenzuela-Felix; INA § 101(a)(13)(C); CIMT; California petty theft; bond [28:17] Tacuri-Tacuri v. Garland, No. 19-1687 (1st Cir. May 24, 2021) INA § 240A(b); non-LPR cancellation of removal; exceptional and extremely unusual hardship [34:21] Rojas v. Garland, No. 19-1944 (8th Cir. May 27, 2021) knows or has reason to believe illicit trafficker in a controlled substance; INA § 212(a)(2)(C); probable cause; criminal alien bar; INA §  242(a)(2)(C)*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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May 24, 2021 • 32min

Ep. 56 - Precedential Decisions from 5/17/2021 - 5/23/2021 (membership in Tier III terrorist organization; issue preclusion; fugitive disentitlement doctrine; unable/unwilling; complete helplessness; INA § 101(a)(43)(D); derivative citizenship)

[2:28] Islam v. DHS, No. 19-13287 (11th Cir. May 20, 2021)INA § 212(a)(3)(B); membership in a terrorist organization; definition of Tier III terrorist organization; jurisdiction; issue preclusion; collateral estoppel; “actually litigated”; void for vagueness; Bangladesh Nationalist Party or BNP [12:01] Figueroa v. Att’y Gen. U.S., No. 19-1419 (3d Cir. May 19, 2021)fugitive disentitlement doctrine; unable or unwilling to control; complete helplessness; condone; consent, acquiesce, or willful blindness; CAT; withholding gang violence; Honduras [18:31] Maniar v. Garland, No. 18-60667 (5th Cir. May 20, 2021) INA § 101(a)(43)(D); conspiracy; aggravated felony; Chenery; Niz-Chavez; jurisdiction [22:42] Carino v. Garland, No. 18-72985 (9th Cir. May 18, 2021)derivative citizenship; INA § 321(a); legal custody; nunc pro tunc state court orders; Congressional intent; federalism; Philippines; Convention Against Torture; drugs*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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May 22, 2021 • 42min

Special Episode - Interview with John Pratt, Partner at KKTP (personal and professional background; exploding briefcases; EB-5 visas; regional center program; AILA national elections)

[01:48] Introduction [03:18] Interview with John Pratt[19:51] EB-5 visas and Regional Center Program[35:24] AILA National electionsClick this link to learn more about John!*Please noteThis interview slightly misstates the factual circumstances of the Iran-Contra Affair.  Our apologies! *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
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May 17, 2021 • 44min

Ep. 55 - Precedential Decisions from 5/10/2021 - 5/16/2021 (derivative citizenship; in absentia motion to reopen; extraordinary circumstances; preconclusion voluntary departure; evidence of conviction; termination of asylum and "danger"; past persecution)

[2:22] Cheneau v. Garland, No. 15-70636 (9th Cir. May 13, 2021) (en banc) derivative citizenship; former INA § 321(a)(5) (repealed); statutory interpretation; cannon against superfluity; cannon when Congress uses language it omits elsewhere; Congressional intent; family unity; history of the INA [11:37] Hernandez-Galand v. Garland, No. 17-70538 (9th Cir. May 12, 2021)motion to reopen; in absentia; INA § 240(b)(5)(C)(i); exceptional circumstances; totality of circumstances; persuasiveness of affidavit  [18:21] Blanc v. U.S. Att'y Gen., No. 19-12508 (11th Cir. May 11, 2021)Pre-conclusion voluntary departure under INA § 240B(a); jurisdiction; BIA authority; factfinding; discretion; Patel and Kurapati [24:48] Nguyen v. Garland, No. 19-60342 (5th Cir. May 12, 2021)conviction; INA § 101(a)(43)(A); criminal alien jurisdictional bar; unsigned documents [28:45] Mirza v. Garland, No. 20-60132 (5th Cir. May 12, 2021)termination of asylum; INA § 212(b)(2)(A)(iv); Matter of A-H-; probable cause standard; danger; reasonable grounds; Mohajir Quami Movement (MQM); Chevron deference [36:18] Thayalan v. Att’y Gen. U.S., No. 20-2270 (3d Cir. May 10, 2021)past persecution; asylum; pattern of mistreatment; extortion; Matter of A-B- II, Sri Lanka; Tamil*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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May 10, 2021 • 48min

Ep. 54 - Precedential Decisions from 5/3/2021 - 5/9/2021 (administrative closure; reinstatement; aggravated felony theft; abandonment of asylum application; CIMT within five years of admission; Chevron deference; TPS, admission & statutory construction)

[2:13] Arcos Sanchez v. Att’y Gen. U.S., No. 20-1843 (3d Cir. May 5, 2021)administrative closure; regulations; regulatory interpretation; Kisor deference; DACA [8:56] Romero v. Att’y Gen. U.S., No. 19-3705 (3d Cir. May 5, 2021)reinstatement; withholding only proceedings; jurisdiction; notice of referral; Form I-863; Pereira[12:51] K.A. v. Att’y Gen. U.S., No. 17-3640 (3d Cir. May 4, 2021)second-degree New Jersey robbery in violation of N.J. Stat. Ann. § 2C:15-1; aggravated felony “theft offense” under INA § 101(a)(43)(G); New Jersey theft; consent through fraud; affirmative defense [22:43] Guzman-Garcia v. Garland, No. 20-1966 (7th Cir. May 3, 2021)asylum; withholding of removal; well-founded fear; gangs; Mexico [25:37] Gonzalez-Veliz v. Garland, No. 19-72090 (9th Cir. May 4, 2021) abandonment of asylum application; biometrics; continuance; good cause [32:23] Artola v. Garland, No. 19-1286 (8th Cir. May 5, 2051) LPR cancellation of removal; INA § 240A(a); TPS; admission; INA § 244(e); statutory construction; plain text[38:49] Route v. Garland, No. 19-72854 (9th Cir. May 6, 2021)CIMT within 5 years; INA § 237(a)(2)(A)(i); Micronesia; Compact of Free Association Amendments Act of 2003; US-FSM COFA § 141; Matter of Alyazji; admission; Chevron deference; unpublished BIA decision Links referenced in Arcos Sanchez :https://bit.ly/3bbU9mKhttps://bit.ly/3to1wh6*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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May 3, 2021 • 35min

Ep. 53 - Precedential Decisions from 4/26/2021 - 5/2/2021 (cancellation of removal; stop-time rule; statutory interpretation; pardons; former INA 212(c) relief; U-Visa waivers; controlled substance divisibility)

[2:53] Niz-Chavez v. Garland, No. 19-863 (U.S. Apr. 29, 2021)non-LPR cancellation of removal; stop-time rule; implication of the indefinite article “a”; statutory interpretation; Dictionary Act; motion to reopen; claims processing rule [15:20] Tetteh v. Garland, No. 19-2357 (4th Cir. Apr. 27, 2021) pardons; INA § 237(a)(2)(A)(vi); Georgia First Offender Act, Ga. Code Ann. § 42-8-60; former INA § 212(c); definition of conviction   [22:16] Jimenez-Rodriguez v. Garland, No. 19-2467 (4th Cir. Apr. 29, 2021) U-visa; waivers; Chenrey doctrine; IJ authority; INA § 212(d)(3)(A)(ii); regulatory interpretation; limits of expressio unius canon [29:54] USA v. Figueroa-Beltran, No. 16-10388 (9th Cir. Apr. 27, 2021)Nevada Revised Statute § 453.337; 8 U.S.C. § 1326(a); divisibility; drug trafficking; sentence enhancement*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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Apr 26, 2021 • 12min

Ep. 52 - Precedential Decisions from 4/19/2021 - 4/25/2021 (one year anniversary!!!!! - assault; aggravated felony; crime of violence; 18 U.S.C. 16(a))

[2:13] Happy anniversary, and thank you![4:40] Thompson v. Garland, No. 17-3494 (2d Cir. Apr. 22, 2021)second-degree assault under New York Penal Law § 120.05(1); crime of violence; INA § 101(a)(43)(F); 18 U.S.C. § 16(a)*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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Apr 19, 2021 • 38min

Ep. 51 - Precedential Decisions from 4/12/2021 - 4/18/2021 (conditional lawful permanent resident; willful misrepresentation; pardons; possession of marijuana; divisibility; crime of child abuse, neglect, or abandonment; reasonable fear interview)

[2:04] Odds and Ends [3:47] Matter of Mensah, 28 I&N Dec. 288 (BIA 2021)conditional lawful permanent resident; CLPR; petition to remove condition; fraud or willful misrepresentation; INA § 212(a)(6)(C)(i); USCIS interview [13:26] Aristy-Rosa v. Att’y Gen. U.S., No. 20-2105 (3d Cir. Mar. 16, 2021) pardons; definition of conviction; full faith and credit; INA § 237(a)(2)(B); INA § 237(a)(2)(A)(vi); Matter of Suh [18:57] Arroyo v. Garland, No. 19-3032 (8th Cir. Apr. 14, 2021)controlled substances offense; INA § 212(a)(2)(a)(i)(II); possession of marijuana; Iowa Code § 124.401(5); divisibility; different punishments; motion to reconsider  [25:09] Zarate-Alvarez v. Garland, No. 19-9570 (10th Cir. Mar. 23, 2021)INA § 237(a)(2)(E)(i); crime of child abuse, child neglect, or child abandonment; Colo. Rev. Stat. § 18-6-401(1)(a), (7)(b)(I); non-LPR cancellation of removal  [29:48] Alvarado-Herrera v. Garland, No. 18-70191 (9th Cir. Apr. 13, 2021)reasonable fear interview; reinstatement; expedited removal procedures; Convention Against Torture; 18th Street Gang; willful blindness of police; 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"*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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Apr 12, 2021 • 49min

Ep. 50 - Precedential Decisions from 4/5/2021 - 4/11/2021 (particular social groups; reinstatement; Cuban journalists; nexus; antique firearm; realistic probability; CIMT; factfinding)

[2:13] Rodriguez-Tornes v. Garland, No. 19-71104 (9th Cir. Apr. 5, 2021)asylum; nexus; Matter of A-B-; Matter of A-B- II, feminism political opinion; particular social group of Mexican females; reman; expert [9:28] Matter of A-S-M-, 28 I&N Dec. 282 (BIA 2021)INA § 241(a)(5); reinstatement; withholding of removal; country of removal; INA § 241(b)(2)(A)–(E); 8 C.F.R. § 1241.8(e); 8 C.F.R. § 1241.31 [13:43] Sánchez-Vásquez v. Garland, No. 20-1661 (1st Cir. Apr. 7, 2021)particular social group; anti-gang; Evangelical Christian; El Salvador; administrative notice; pro se respondent [17:07] Cabrera Martinez v. U.S. Att’y Gen., No. 19-14110 (11th Cir. Apr. 7, 2021) asylum; past persecution; economic persecution; “reasoned consideration”; Cuban journalists; Cuba [21:25] Orellana-Recinos v. Garland, No. 19-9596 (10th Cir. Apr. 5, 2021)asylum; nexus; family based particular social group; gang recruitment; MS-13; El Salvador [24:43] Quiroa-Motta v. Garland, No. 20-1425 (1st Cir. Apr. 6, 2021)motion to reopen; ineffective assistance of counsel; due diligence [27:30] Aspilaire v. U.S. Att’y Gen., No. 19-12605 (11th Cir. Apr. 6, 2021)aggravated felony, INA § 101(a)(43)(E)(ii); felon in possession of a firearm, Fla. Stat. § 790.23(1)(a); antique firearms exception; realistic probability test [33:53] Diaz-Flores v. Garland, No. 17-72563 (9th Cir. Apr. 6, 2021)definition of a CIMT; first-degree burglary of a dwelling under Oregon Rev. Stat. § 164.225; Matter of J-G-D-F-; dwelling [41:15] Ahmed v. Garland, No. 19-3480 (8th Cir. Apr. 8, 2021) law relating to a controlled substance; INA § 237(a)(2)(B)(i); Minn. Stat. § 152.025; disability; BIA factfinding; asylum; Somalia*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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