Immigration Review

[2:44] Barahona v. Wilkinson, No. 20-1546 (8th Cir. Feb. 3, 2021) serious non-political crime; asylum; probable cause; INA §§ 208(b)(2)(A)(iii), 241(b)(3)(B)(iii); burdens; Interpol Red Notice  [9:00] Tibakweitira v. Wilkinson, No. 18-60459 (5th Cir. Feb. 2, 2021) withholding of removal; jurisdiction; particularly serious crime; INA § 242(a)(2)(C); Nasrallah; three member panel (BIA) and due process; motion to reopen  [13:56] Martinez-Baez v. Wilkinson, No. 20-1078 (7th Cir. Feb. 1, 2021) corroboration; credibility; cancellation of removal; jurisdiction; INA § 242(a)(2)(B); INA § 242(a)(2)(D); statutory headings; Guerrero-Lasprilla  [21:04] Tomczyk v. Wilkinson, No. 16-72926 (9th Cir. Feb. 3, 2021) reinstatement; INA § 241(a)(5);  illegal entry; procedurally proper admission; waive through; statutory analysis*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

[2:26] Amaya v. Rosen, No. 19-1619 (4th Cir. Jan. 25, 2021)asylum; particular social group; particularity; former gang members; MS-13; El Salvador [8:36] Kaur v. Wilkinson, No. 18-73001 (9th Cir. Jan. 29, 2021) past persecution; attempted gang rape; sexual violence; nexus to government actor even when political party not in power; India; Mann Party [14:14] Matter of H-L-S-A-, 28 I&N Dec. 228 (BIA 2021)asylum; particular social group; social distinction; gangs; criminal witnesses; public testimony; MS-13; persecution in the United States [20:11] Matter of Viera-Garcia and Ordonez-Viera, 28 I&N Dec. 223 (BIA 2021)NTA; Pereira v. Sessions; voluntary departure; INA § 240B(b); stop-time rule [24:39] Munoz-Rivera v. Wilkinson, No. 19-60376 (5th Cir. Jan. 27, 2021)crime involving moral turpitude (CIMT); deception; use of an unauthorized social security number in violation of 42 U.S.C. § 408(a)(7)(B)[29:24] Granados Benitez v. Wilkinson, No. 20-1541 (1st Cir. Jan. 28, 2021) motion to reopen; changed circumstances; additional evidence; continuances; Matter of L-A-B-R-; U-Visa*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/4.0Support the show

[1:48] Introduction [2:53] Interview with Ed RamosClick this link to learn more about Ed!Helpful resources for issues discussed on the episode:Mechanics of filing a PFR Practice Advisory on Guerrero-Lasprilla Practice Advisory on materiality post-PatelPractice Advisory on jurisdiction post-Patel*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

[2:39] Matter of Dikhtyar, 28 I&N Dec. 214 (BIA 2021)modified categorical approach; divisibility; Utah Code § 58-37-8(2)(a)(i); controlled substance offenses; different penalties  [10:25] Nkomo v. Att’y Gen. U.S., No. 19-2781 (3d Cir. Jan. 21, 2021)motion to reopen; equitable tolling; exhaustion*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

 [2:13] Matter of A-B-, 28 I&N Dec. 199 (A.G. 2021) past persecution; unable or unwilling; relocation; nexus; but-for cause; Brand-X and Chevron   [8:52] Al Amiri v. Rosen, No. 19-1447 (1st Cir. Jan. 11, 2021) asylum; Iraq; objectively reasonable fear; nexus; trips to country of removal   [13:05] Hussein v. Rosen, No. 18-70780 (9th Cir. Jan. 11, 2021) asylum; due process rights of pro se respondents; IJ’s duty to develop the record   [17:34] Hassan v. Rosen, No. 19-2918 (8th Cir. Jan. 15, 2021) CAT deferral; minority clan; Somalia; acquiescence and willful blindness; repatriation program for Al-Shabaab defectors   [20:04] E.A.C.A. v. Rosen, No. 20-3216 (6th Cir. Jan. 12, 2021) motion to reopen; in absentia; exceptional circumstances; child birth; totality of circumstances; minor child   [26:29] Zelaya Diaz v. Rosen, No. 20-1304 (7th Cir. Jan. 15, 2021) administrative closure; Accardi doctrine; repapering; cancellation of removal  [31:32] Meraz-Saucedo v. Rosen, No. 20-1438 (7th Cir. Jan. 15, 2021) cancellation of removal; Pereira; timeliness; prejudice; Matter of Mendoza-Hernandez; nexus*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/4.0Support the show

[2:26] Matter of O-M-O-, 28 I&N Dec. 191 (BIA 2021)adverse credibility; fraudulent document finding; IJ authority; expert testimony [8:10] Velasquez Alvarado v. U.S. Att'y Gen., No. 20-10599 (11th Cir. Jan. 5, 2021)asylum; particular social group; women unable to leave their relationship; Matter of A-B-; women viewed as property [12:28] Ovalles v. Rosen, No. 17-60498 (5th Cir. Jan. 6, 2021)motions to reopen; equitable tolling; change in law [16:30] Singh v. Rosen, No. 20-3127 (6th Cir. Jan. 7, 2021)cancellation of removal; mixed question of law and fact; jurisdiction; standards of review; hardship; Pereira; stop time rule*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

[2:11] Mendoza-Flores v. Rosen, No. 19-60225 (5th Cir. Dec. 29, 2020)mootness; removal from the U.S.; collateral legal consequences; T-Visa [6:59] Flores v. Rosen, No. 17-72888 (9th Cir. Dec. 30, 2020)Special Agricultural Worker program (SAW); admissibility; statutory construction  [11:31] USA v. Al-Muwwakkil, No. 18-6201 (4th Cir. Dec. 28, 2020)violent felony; ACCA; crime of violence aggravated felony; divisibility; categorical approach; attempted rape in violation of Va. Code Ann. § 18.1-44; burglary in violation of Va. Code Ann. § 18.2-90 [16:17] Garcia-Simisterra v. U.S. Att’y Gen., No. 19-13848 (11th Cir. Dec. 30, 2020)INA § 101(a)(43)(M)(i) aggravated felony; +$10,000 amount of loss; circumstance specific approach; plea agreement; nolo contender plea; withhold adjudication of guilt*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

[1:47] Interview with the Student Clinic for Immigrant Justice (SCIJ) Jonathan Goldman, Executive DirectorStudents with SCIJ from Worcester State University and Brown UniversityMore information here Donate here*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

[2:53] Matter of Rivera-Mendoza, 28 I&N Dec. 184 (BIA 2020) Or. Rev. Stat. § 163.545(1); crime of child abuse, child neglect, or child abandonment; INA § 237(a)(2)(E)(i) [7:31] Rad v. Att’y Gen. U.S., No. 19-1404 (3d Cir. Dec. 21, 2020) aggravated felony; INA §§ 101(a)(43)(M)(i) and 101(a)(43)(U); deceit; $10,000 amount; CAN-SPAM Act; 18 U.S.C. § 1037(a); Chenery doctrine   [17:26] Mohamed v. Barr, No. 19-3356 (8th Cir. Dec. 23, 2020) motion to reopen; changed country conditions; Somalia; in absentia  [20:51] Pojoy-De Leon v. Barr, No. 19-1006 (1st Cir. Dec. 21, 2020) asylum; nexus; particular social group; “Guatemalan women”  [23:36] Ruiz Varela v. Barr, No. 19-1994 (1st Cir. Dec. 23, 2020) withholding of removal; particular social group; “immediate family”; Honduras [27:26] Minh Nguyen v. Barr, No. 17-72197 (9th Cir. Dec. 21, 2020) asylum; particular social group; drug users; Vietnam; 2008 repatriation agreement *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

[2:22] Matter of M-A-M-Z-, 28 I&N Dec. 173 (BIA 2020)  asylum; expert testimony; particular social group; nexus; family-based groups; cartels in Mexico; Ren v. Holder, continuances, and corroborating evidence  [7:56] Marquez-Paz v. Barr, No. 19-2230 (1st Cir. Dec. 18, 2020) asylum; withholding of removal; nexus to a protected ground; Honduran landowners  [9:41] Addo v. Barr, No. 18-9560 (10th Cir. Dec. 14, 2020) asylum; Ghana; reasonable relocation; tribes [14:38] Hernandez-Alvarez v. Barr, No. 20-1459 (7th Cir. Dec. 16, 2020) motion  to reconsider; motion to reopen; equitable tolling; departure bar; sexual abuse of a minor aggravated felony; change in law  [22:05] Smith v. U.S. Att’y Gen., No. 19-12622 (11th Cir. Dec. 18, 2020) CIMT; Florida vehicular homicide; Fla. Stat. § 782.071; reckless mens rea; vile or depraved conduct  *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