Immigration Review

This podcast discusses recent immigration cases, including I-751 petitions, joint filing requirements, and UVISA applications. It also explores the disclosure of information in judicial review and the concept of willfulness. The divisibility of statutes in relation to mens rea is analyzed, along with the general intent of federal assault crimes. The podcast also examines court cases and the use of Latin in legal decisions.

Matter of Aguilar Hernandez, 28 I&N Dec. 774 (BIA 2024)deficient NTA; Form I-261; interlocutory appeal; termination; regulatory interpretation; factual and legal allegations in an NTA; Niz-Chavez dicta Gaspar-Felipe v. Garland, No. 22-3372 (8th Cir. Jan. 30, 2024)indigenous asylum claim; persecution because of debts; family remaining in country of fear; Guatemala  Davis v. Garland, No. 22-3262 (8th Cir. Feb. 1, 2024)motion to reopen; asylum waiver; mental health; mental competency; new and previously unavailable evidence  Lopez-Benitez v. Garland, No. 22-1808 (4th Cir. Jan. 30, 2024)nexus; incidental or tangential; MS-13 extortion as persecution; exhaustion post-Santos-Zacaria; El Salvador Ayala-Osegueda v. Garland, No. 22-1707 (4th Cir. Feb. 1, 2024)mixed adverse credibility finding; express credibility; family based particular social group; nexus; persuasiveness; asylum despite adverse credibility; extortion; MS-13; El Salvador Nivar Santana v. Garland, No. 22-2114 (4th Cir. Feb. 2, 2024)clearly and beyond doubt admissible; adjustment of status; false claim to citizenship; definition of “assimilation”; military service; evidentiary admission and fundamental fairness Sponsors and friends of the podcast!Kurzban Kurzban Tetzeli and Pratt P.A.Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.Docketwise"Modern immigration software & case management"Stafi"Remote staffing solutions for businesses of all sizes"Promo Code: stafi2024Get Started! Promo Code: FREEWant to become a patron?Click here to check out our Patreon Page!CONTACT INFORMATIONEmail: kgregg@kktplaw.comFacebook: @immigrationreviewInstagram: @immigrationreviewTwitter: @immreviewAbout your hostCase notesRecent criminal-immigration article (p.18)Featured in San Diego VoyagerDISCLAIMER:Immigration Review® is a podcast made available for educational purposes only. It does not provide legal advice. Rather, it offers general information and insights from publicly available immigration cases. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the host. The podcast should not be used as a substitute for competent legal advice from a licensed attorney in your state.MUSIC CREDITS:"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0 Support the show

Pineda-Maldonado v. Garland, No. 20-1912 (1st Cir. Jan. 24, 2024)past torture; past persecution; death threats alone; imminent threats; mixed motive; animus; family membership; cattle thieves; nexus standard for withholding; El Salvador Owusu v. Garland, No. 24-0016 (6th Cir. Jan. 24, 2024)police unable or unwilling to protect; failure to report; New Patriot Party; NPP; National Democrat Congress; NDC, Ghana Mencia-Medina v. Garland, No. 20-1724 (8th Cir. Jan. 23, 2024) special rule cancellation of removal under INA § 240A(b)(2); VAWA cancellation; abuse as a discretionary factor; BIA reweighing evidence; exhaustion  United States v. Gambino-Ruiz, No. 21-50303 (9th Cir. Jan. 24, 2024)applicant for admission; INA § 212(a)(7)(A)(i)(I); Torres v. Barr; collateral attack of removal order; 8 U.S.C. § 1326;  United States v. Palomar-Santiago; arriving alien Lodge v. U.S. Att'y Gen., No. 22-10416 (11th Cir. Jan. 26, 2024)former INA § 321(a); derivative citizenship; equal protection; race discrimination; third party standingSponsors and friends of the podcast!Kurzban Kurzban Tetzeli and Pratt P.A.Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.Docketwise"Modern immigration software & case management"Stafi"Remote staffing solutions for businesses of all sizes"Promo Code: stafi2024Get Started! Promo Code: FREEAILA's Think Immigration Article on Chevron by Brian Green and Professor Stephen Yale-Loehr Want to become a patron?Click here to check out our Patreon Page!CONTACT INFORMATIONEmail: kgregg@kktplaw.comFacebook: @immigrationreviewInstagram: @immigrationreviewTwitter: @immreviewAbout your hostCase notesRecent criminal-immigration article (p.18)Featured in San Diego VoyagerDISCLAIMER:Immigration Review® is a podcast made available for educational purposes only. It does not provide legal advice. Rather, it offers general information and insights from publicly available immigration cases. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the host. The podcast should not be used as a substitute for competent legal advice from a licensed attorney in your state.MUSIC CREDITS:"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0 Support the show

Velasquez-Castillo v. Garland, No. 21-60681 (5th Cir. Jan. 17, 2024)Trafficking Victims Protection Reauthorization Act (“TVPRA”); motion to reopen; minor; newly available evidence; changed country conditions; failure to consider evidence; sexual orientation; Honduras  United States v. Daye, No. 23-1048 (8th Cir. Jan. 16, 2024)Domestic Abuse Assault, Enhanced under Iowa Code § 708.2A(3)(b); DAAE; crimes of violence; waive divisibility argument despite separate penalty provisions; realistic probability; simple assaultSponsors and friends of the podcast!Kurzban Kurzban Tetzeli and Pratt P.A.Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.Docketwise"Modern immigration software & case management"Stafi"Remote staffing solutions for businesses of all sizes"Promo Code: stafi2024Get Started! Promo Code: FREEWant to become a patron?Click here to check out our Patreon Page!CONTACT INFORMATIONEmail: kgregg@kktplaw.comFacebook: @immigrationreviewInstagram: @immigrationreviewTwitter: @immreviewAbout your hostCase notesRecent criminal-immigration article (p.18)Featured in San Diego VoyagerDISCLAIMER:Immigration Review® is a podcast made available for educational purposes only. It does not provide legal advice. Rather, it offers general information and insights from publicly available immigration cases. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the host. The podcast should not be used as a substitute for competent legal advice from a licensed attorney in your state.MUSIC CREDITS:"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0 Support the show

Matter of Panin, 28 I&N Dec. 771 (BIA 2024)bond; collateral estoppel; INA § 236(a); Bail Reform Act United States v. Ortiz-Orellana, No. 16-4844 (4th Cir. Jan. 10, 2024)crime of violence; VICAR; felony murder; divisibility; means vs. elements; impotance of jury instructions; crime of violenceSponsors and friends of the podcast!Kurzban Kurzban Tetzeli and Pratt P.A.Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.Docketwise"Modern immigration software & case management"Stafi"Remote staffing solutions for businesses of all sizes"Promo Code: stafi2024Get Started! Promo Code: FREEWant to become a patron?Click here to check out our Patreon Page!CONTACT INFORMATIONEmail: kgregg@kktplaw.comFacebook: @immigrationreviewInstagram: @immigrationreviewTwitter: @immreviewAbout your hostCase notesRecent criminal-immigration article (p.18)Featured in San Diego VoyagerDISCLAIMER:Immigration Review® is a podcast made available for educational purposes only. It does not provide legal advice. Rather, it offers general information and insights from publicly available immigration cases. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the host. The podcast should not be used as a substitute for competent legal advice from a licensed attorney in your state.MUSIC CREDITS:"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0 Support the show

Singh v. Garland, No. 23-1192 (7th Cir. Jan. 2, 2024) adverse credibility; omission; medical reports; past persecution harm; due process challenge; exhaustion; Mann Party; Sikh; India  Mejia-Alvarenga v. Garland, No. 22-60554 (5th Cir. Jan. 3, 2024)unable or unwilling to protect; complete helplessness; failure to report harm; rape; threats; due process; three member panel; DHS failure to file brief; IJ bias; TRACSponsors and friends of the podcast!Kurzban Kurzban Tetzeli and Pratt P.A.Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.Docketwise"Modern immigration software & case management"Stafi"Remote staffing solutions for businesses of all sizes"Promo Code: stafi2024Want to become a patron?Click here to check out our Patreon Page!CONTACT INFORMATIONEmail: kgregg@kktplaw.comFacebook: @immigrationreviewInstagram: @immigrationreviewTwitter: @immreviewAbout your hostCase notesRecent criminal-immigration article (p.18)Featured in San Diego VoyagerDISCLAIMER:Immigration Review® is a podcast made available for educational purposes only. It does not provide legal advice. Rather, it offers general information and insights from publicly available immigration cases. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the host. The podcast should not be used as a substitute for competent legal advice from a licensed attorney in your state.MUSIC CREDITS:"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0 Support the show

Espinoza-Ochoa v. Garland,  No. 21-1431 (1st Cir. Dec. 27, 2023)particular social group; social distinction; circularity; farmers; nexus; mixed motive; one central reason; retribution; criminal motives transforming into protected ground; revenge; gangs; Guatemala Pascual-Miguel v. Garland, No. 20-2397 (8th Cir. Dec. 27, 2023)ineffective assistance of counsel; prejudice; nexus; Mendez Rojas Class Settlement; untimely asylum application  Essel v. Garland, No. 22-2615 (8th Cir. Dec. 28, 2023)sua sponte motion to reopen; equitable tolling; 3-year residency requirement for naturalization; exhaustion Rodriguez-Hernandez v. Garland, No. 21-456 (9th Cir. Dec. 27, 2023)crime of violence; harassment in violation of Wash. Rev. Code 9A.46.020(1); realistic possibility; other state crimes; divisibility; force against property; graffiti; CAT; Mexico Alcarez-Rodriguez v. Garland, No. 21-411 (9th Cir. Dec. 28, 2023)motion to remand for new evidence; reasonably available evidence; denial of relief as abandoned; missed filing deadline; good cause standard; Matter of R-C-R-; transgender HIV positive; MexicoSponsors and friends of the podcast!Kurzban Kurzban Tetzeli and Pratt P.A.Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.Docketwise"Modern immigration software & case management"Stafi"Remote staffing solutions for businesses of all sizes"Promo Code: stafi2024Want to become a patron?Click here to check out our Patreon Page!CONTACT INFORMATIONEmail: kgregg@kktplaw.comFacebook: @immigrationreviewInstagram: @immigrationreviewTwitter: @immreviewAbout your hostCase notesRecent criminal-immigration article (p.18)Featured in San Diego VoyagerDISCLAIMER:Immigration Review® is a podcast made available for educational purposes only. It does not provide legal advice. Rather, it offers general information and insights from publicly available immigration cases. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the host. The podcast should not be used as a substitute for competent legal advice from a licensed attorney in your state.MUSIC CREDITS:"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0 Support the show

Matter of H. N. Ferreira, 28 I&N Dec. 765 (BIA 2023) I-751; removal of conditional LPR status; IJ authority to terminateDelgado-Victorio v. Garland, No. 23-60102 (5th Cir. Dec. 18, 2023) aggravated sexual assault with a deadly weapon in violation of Tex. Penal Code § 22.021(a)(1)(A) & (2)(A)(iv); Borden and mens rea; crime of violence; good cause for a continuanceSponsors and friends of the podcast!Kurzban Kurzban Tetzeli and Pratt P.A.Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.Docketwise"Modern immigration software & case management"Stafi"Remote staffing solutions for businesses of all sizes"Promo Code: stafi2024Want to become a patron?Click here to check out our Patreon Page!CONTACT INFORMATIONEmail: kgregg@kktplaw.comFacebook: @immigrationreviewInstagram: @immigrationreviewTwitter: @immreviewAbout your hostCase notesRecent criminal-immigration article (p.18)Featured in San Diego VoyagerDISCLAIMER:Immigration Review® is a podcast made available for educational purposes only. It does not provide legal advice. Rather, it offers general information and insights from publicly available immigration cases. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the host. The podcast should not be used as a substitute for competent legal advice from a licensed attorney in your state.MUSIC CREDITS:"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0 Support the show

United States v. Trice, No. 23-1406 (8th Cir. Dec. 12, 2023)least culpable conduct criminalized by Iowa Code § 726.6(1)(a); child endangerment; general intent definition; witnessing assault U.S. v. Menendez-Montalvo, No. 22-1687 (1st Cir. Dec. 12, 2023)crime of violence; Article 3.1 of Puerto Rico's Domestic Violence Law; psychological abuse; intent vs. actual force; Johnson; Stokeling; slight or de minimus force U.S. v. Amos, No. 20-3298 (3d Cir. Dec. 14, 2023) 18 Pa. Cons. Stat. § 2702(a)(3)–(7); crime of violence; aggravated assault; waived argument winning on appealSponsors and friends of the podcast!Kurzban Kurzban Tetzeli and Pratt P.A.Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.Docketwise"Modern immigration software & case management"Stafi"Remote staffing solutions for businesses of all sizes"Promo Code: stafi2024Want to become a patron?Click here to check out our Patreon Page!CONTACT INFORMATIONEmail: kgregg@kktplaw.comFacebook: @immigrationreviewInstagram: @immigrationreviewTwitter: @immreviewAbout your hostCase notesRecent criminal-immigration article (p.18)Featured in San Diego VoyagerDISCLAIMER:Immigration Review® is a podcast made available for educational purposes only. It does not provide legal advice. Rather, it offers general information and insights from publicly available immigration cases. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the host. The podcast should not be used as a substitute for competent legal advice from a licensed attorney in your state.MUSIC CREDITS:"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0 Support the show

Argueta-Hernandez v. Garland, No. 22-60307 (5th Cir. Dec. 5, 2023)untimely petition for review; withholding; final order; Bhaktibhai-Patel; Nasrallah; panel rehearing; claims processing rule; Santos-Zacaria; death threats alone; one central reason; a reason; nexus; government says leave country; willful blindness; MS-13; El Salvador; Villarreal Singh Bhagtana v. Garland, No. 20-1673 (2d Cir. Dec. 5, 2023) reasonable relocation; DHS burden; Bharatiya Janata Party (“BJP”); Shiromani Akali Dal Amritsar (“Mann”) Party; India United States v. Chaires, No. 20-4162 (2d Cir. Dec. 7, 2023)Minter; N.Y. Penal Law § 220.39(1); cocaine isomer; controlled substance offense; failure to argue below; categorical approach Aguilar-Sanchez v. Garland, No. 22-3598 (8th Cir. Dec. 4, 2023)sexual abuse of a minor aggravated felony: conduct and mens rea; Esquivel-Quintana; Minn. Stat. § 609.324, subd. 1(b)(3); Matter of Rodriguez-Rodriguez Mwendapeke v. Garland, No. 22-2383 (7th Cir. Dec. 7, 2023)complicity to robbery in the first degree in violation of KY. Rev. Stat. §§ 502.020 & 515.020, 515.020; generic definition of aiding and abetting; act through omission; verbal aiding and abetting; violent force; Taylor Sebastian-Sebastian v. Garland, No. 23-0267 (6th Cir. Dec. 8, 2023)nexus; inextricably intertwined; mixed motive; Chuj women unable to leave; witches; humanitarian asylum; Guatemala Sponsors and friends of the podcast!Kurzban Kurzban Tetzeli and Pratt P.A.Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.Docketwise"Modern immigration software & case management"Stafi"Remote staffing solutions for businesses of all sizes"Promo Code: stafi2024 Want to become a patron?Click here to check out our Patreon Page!CONTACT INFORMATIONEmail: kgregg@kktplaw.comFacebook: @immigrationreviewInstagram: @immigrationreviewTwitter: @immreviewAbout your hostCase notesRecent criminal-immigration article (p.18)Featured in San Diego VoyagerDISCLAIMER:Immigration Review® is a podcast made available for educational purposes only. It does not provide legal advice. Rather, it offers general information and insights from publicly available immigration cases. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the host. The podcast should not be used as a substitute for competent legal advice from a licensed attorney in your state.MUSIC CREDITS:"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0 Support the show