

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

Jun 15, 2020 • 30min
Ep. 7 - Precedential Decisions from 6/8/20 - 6/14/20 (controlled substance, realistic probability test, CAT, changed country condition motions to reopen, unaccompanied alien minor)
Cases as discussed in order:[1:11] Alexis v. Barr, No. 18-60748 (5th Cir. June 8, 2020) controlled substance; Texas; realistic probability test; categorical approach; CAT [9:40] Tejeda v. Barr, No. 13-74391 (9th Cir. June 8, 2020) controlled substance; California; categorical approach; divisibility [12:46] Martinez de Artiga v. Barr, No. 17-2898 (2d Cir. June 10, 2020) CAT; asylum; MS-13; gang recruitment[16:35] Matter of F-S-N-, 28 I&N Dec. 1 (BIA 2020) motion to reopen; changed country conditions; adverse credibility [23:19] Garcia v. Barr, No. 19-3489 (6th Cir. June 8, 2020) unaccompanied alien minor; jurisdiction; asylum; CAT *CONTACT INFORMATIONEmail: kgregg@kktplaw.com Facebook: "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 as Top 15 Immigration Podcasts! 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/4.0/Support the show

Jun 8, 2020 • 25min
Ep. 6 - Precedential Decisions from 6/1/20 - 6/7/20 (Torture Convention, due process, derivative citizenship, CIMT, ineffective assistance of counsel)
Cases as discussed in order:[1:13] Nasrallah v. Barr, No. 18-1432 (U.S. June 1, 2020)CAT; jurisdiction; INA § 242(a)(2)(C); final order of removal[7:39] Grigoryan v. Barr, No. 16-73652 (9th Cir. June 2, 2020)asylum termination; Report of Investigation; ROI[13:06] Roy v. Barr, No. 15-72942 (9th Cir. June 4, 2020)derivative citizenship; 8 U.S.C. § 1432(a)(3); equal protection[17:56] Moran v. Barr, No. 18-73167 (9th Cir. June 2, 2020)CIMT; Cal. Veh. Code § 2800.4; vehicular flight from a police officer while driving against traffic[20:48] Point Du Jour v. U.S. Att'y Gen., No. 18-15235 (11th Cir. June 4, 2020)ineffective assistance of counsel; Matter of Lozada; substantial compliance*CONTACT INFORMATIONEmail: kgregg@kktplaw.com Facebook: "Immigration Review Podcast" or @immigrationreviewInstagram: @immigrationreviewTwitter: @immreview*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/*More episodes at: http://immigrationreview.buzzsprout.com*Featured as Top 15 Immigration Podcasts! 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/4.0/Support the show

Jun 1, 2020 • 33min
Ep. 5 - Precedential Decisions from 5/25/20 - 5/31/20 (firearms offense, CIMT, controlled substance, aggravated felony crime of violence, asylum)
Cases as discussed in order:[1:31] Williams v. Barr, No. 18-2535 (2nd Cir. May 27, 2020)antique firearms exception; INA § 237(a)(2)(C); categorical approach; realistic probability test[7:30] Mendez v. Barr, No. 18-801 (2nd Cir. May 27, 2020)CIMTs; Matter of Mendez, 27 I&N Dec. 219, 225 (BIA 2018); 18 U.S.C. § 4; misprision of a felony[14:54] Kondjoua v. Barr, No. 16-296 (2nd Cir. May 28, 2020)aggravated felony; crime of violence; INA § 101(a)(43)(F); 18 U.S.C. § 16(a); sexual assault; Conn. Gen. Stat. § 53a-72a(a)(1)[20:38] Bannister et al. v. Barr, No. 18-2638 (8th Cir. May 26, 2020) controlled substance offenses; categorical approach; Minn. Stat. § 152.025, subd. 2; fifth-degree possession of a controlled substance[24:56] Prieto-Pineda v. Barr, No. 19-1347 (8th Cir. May 28, 2020)asylum, withholding of removal, CAT; El Salvador; gangs; Mara-18[29:10] Chen v. Barr, No. 19-2375 (7th Cir. May 29, 2020)Pereira v. Sessions; INA § 240A(b); cancellation of removal; stop-time rule; claims processing rule*CONTACT INFORMATIONEmail: kgregg@kktplaw.com Facebook: "Immigration Review Podcast" or @immigrationreviewInstagram: @immigrationreviewTwitter: @immreview*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/*More episodes at: http://immigrationreview.buzzsprout.com*Featured as Top 15 Immigration Podcasts! 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/4.0/Support the show

May 25, 2020 • 33min
Ep. 4 - Precedential Decisions from 5/18/20 - 5/24/20 (asylum, withholding of removal, domestic violence, pardons, ineffective assistance of counsel, u-visa)
Cases as discussed in order:[01:33] Guzman Vazquez v. Barr, No. 19-3417 (6th Cir. May 18, 2020)withholding of removal; “one central reason”; nexus; corroboration; opportunity to explain[11:02] Juan Antonio v. Barr, No. 18-3500 (6th Cir. May 19, 2020)asylum; particular social group; Matter of A-B-; Matter of A-R-C-G-, domestic violence; indigenous; Guatemala[18:30] Matter of Bay Area Legal Services, Inc., 27 I&N Dec. 837 (DIR 2020) non-attorney accreditation; EOIR Director; reconsideration [21:46] Thompson v. Barr, No. 18-1823 (1st Cir. May 21, 2020)sua sponte motion to reopen; pardons; INA 237(a)(2)(A)(vi); jurisdiction[26:47] Alvarez-Espino v. Barr, No. 19-2289 (7th Cir. May 20, 2020)ineffective assistance of counsel; u-visa; continuance; prejudice*CONTACT INFORMATIONEmail: kgregg@kktplaw.com Facebook: "Immigration Review Podcast" or @immigrationreviewInstagram: @immigrationreviewTwitter: @immreview*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/*More episodes at: http://immigrationreview.buzzsprout.com*Featured as Top 15 Immigration Podcasts! 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/4.0/Support the show

May 18, 2020 • 27min
Ep. 3 - Precedential Decisions from 5/11/20 - 5/17/20 (sua sponte motion to reopen, agency deference, jurisdiction, retroactivity, CIMT, evidence, due process, asylum)
Cases as discussed in order:[01:20] Reyes Vargas v. Barr, No. 17-9549 (10th Cir. May 14, 2020) sua sponte motion to reopen; 8 C.F.R. § 1003.23(b)(1); departure bar; jurisdiction; Kisor; Auer; agency deference[10:30] Diaz Ortiz v. Barr, No. 19-1620 (1st Cir. May 15, 2020)asylum; El Salvador; MS-13; gangs; adverse credibility, evidentiary admissibility; due process[13:38] Francisco v. Att’y Gen. U.S., No. 19-2700 (3d Cir. May 15, 2020)CIMT; theft; Matter of Diaz-Lizarraga; retroactivity[16:45] Munoz-Granados v. Barr, No. 19-60758 (5th Cir. May 12, 2020)asylum, withholding of removal, and Convention Against Torture; Mexico; past persecution; death threats; gangs; persecution of family members; burdens[20:40] Lona v. Barr, No. 17-70329 (9th Cir. May 15, 2020)sua sponte motion to reopen; sua sponte motion reconsider; fundamental change in law; equitable tolling*CONTACT INFORMATIONEmail: kgregg@kktplaw.com Facebook: "Immigration Review Podcast" or @immigrationreviewInstagram: @immigrationreviewTwitter: @immreview*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/*More episodes at: http://immigrationreview.buzzsprout.com*Featured as Top 15 Immigration Podcasts! 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/4.0/Support the show

May 10, 2020 • 44min
Ep. 2 - Precedential Decisions from 5/1/20 - 5/10/20 (categorical approach, aggravated felony, controlled substance, CIMT, asylum, MPP, NTA)
Cases as discussed in order:[01:16] Mero v Barr, No. 17-70929 (9th Cir. May 1, 2020)aggravated felony; sexual abuse of minor; INA § 101(a)(43)(A); categorical approach; Nevada; NRS § 200.730; possession of child pornography[10:35] Romero-Millan, et al. v. Barr, Nos. 16-73915, 17-72893 (9th Cir. May 4, 2020)controlled substance; categorical approach; divisibility; certification; Arizona; A.R.S. § 13-3415; drug paraphernalia; A.R.S.§ 13-3408(A)(2); drug possession for sale[16:17] Aguilar Fermin v. Barr, Nos. 18-70855, 18-73266 (9th Cir. May 5, 2020)asylum, withholding of removal, and Convention Against Torture; adverse credibility; jurisdiction; Pereira v. Sessions; notice to appear[23:50] Matter of Herrera-Vasquez, 27 I&N Dec. 825 (BIA 2020)notice to appear; alien classification box; DHS mistakes; Migrant Protection Protocols; jurisdiction; termination[28:15] United States v. Sineneng-Smith, No. 19-67 (U.S. May 7, 2020) 8 U.S.C. § 1324; bringing in or harboring certain aliens; overbreadth doctrine[32:05] Cucalon v. Barr, No. 181292 (4th Cir. May 7, 2020)aggravated felony; drug trafficking; INA § 101(a)(43)(B); violation of a law relating to a controlled substance; INA § 237(a)(2)(B)(i); categorical approach; divisibility; modified categorical approach; Shepard documents; Virginia; VA Code § 18.2-248(D); distribution of cocaine as an accommodation[36:10] Bakor v. Barr, No. 183011 (8th Cir. May 7, 2020)crime involving moral turpitude; CIMT; INA § 237(a)(2)(A)(ii); Minnesota; Minn. Stat. § 609.3451 sub-division 1; criminal sexual conduct in the fifth degree; Minn. Stat. § 243.166 subdivision 5(a); failure to register as a sex offender*CONTACT INFORMATIONEmail: kgregg@kktplaw.com Facebook: "Immigration Review Podcast" or @immigrationreviewInstagram: @immigrationreviewTwitter: @immreview*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/*More episodes at: http://immigrationreview.buzzsprout.com*Featured as Top 15 Immigration Podcasts! 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/4.0/Support the show

May 5, 2020 • 37min
Ep. 1 - Precedential Decisions from 3/25/20 - 5/1/20 (cancellation of removal, adjustment of status, motion to reopen, asylum, ineffective assistance of counsel)
Cases as discussed in order:[02:36] Barton v. Barr, No. 18-725 (U.S. Apr. 23, 2020)"rendered inadmissible"; INA § 240A(d)(1)(B); cancellation of removal; stop-time rule[11:21] Peters v. Barr, No. 16-73509 (9th Cir. Apr. 2, 2020) adjustment of status; failure to maintain lawful status exception; INA § 245(c)[19:13] Sutarsim v. Barr, No. 18-1937 (1st Cir. May 1, 2020)motion to reopen; changed country conditions; Indonesia; Chinese ethnicity[21:36] Scarlett v. Barr, No. 16-940 (2d Circ. Apr. 28, 2020)asylum, withholding of removal, and Convention Against Torture; "unable or unwilling"; government officials; Jamaica; gangs[24:43] Guzman-Orellana v. Att’y Gen., No. 19-1793 (3d Cir. Apr. 17, 2020)asylum, withholding of removal, and Convention Against Torture; particular social group; imputed; El Salvador; gangs; government witness[27:36] Calderon-Rosas v. Att’y Gen., No. 19-2332 (3d Cir. Apr. 27, 2020)motion to reopen; ineffective assistance of counsel; prejudice; cancellation of removal[33:04] Perez v. Barr, No. 16-71918 (9th Cir. Apr. 27, 2020)mental incompetency; attorney's fees[34:50] Banuelos v. Barr, 953 F.3d 1176 (10th Cir. Mar. 25, 2020)Pereira v. Sessions; stop-time rule; notice to appear; cancellation of removal*CONTACT INFORMATIONEmail: kgregg@kktplaw.com Facebook: "Immigration Review Podcast" or @immigrationreviewInstagram: @immigrationreviewTwitter: @immreview*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/*More episodes at: http://immigrationreview.buzzsprout.com*Featured as Top 15 Immigration Podcasts! 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/4.0/Support the show