Immigration Review
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.
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Immigration Review
Ep. 147 - Precedential Decisions from 2/14/2023 - 2/20/2023 (unlawful presence bar; EB-1C; jurisdiction to review adjustment of status denial; cross-appeals; crime of violence - attempt, knowledge, and violent force; credibility, Cuba, and kidney stones)
Matter of Duarte-Gonzalez, 28 I&N Dec. 688 (BIA 2023)
- unlawful presence; 10-year bar; INA § 212(a)(9)(B)(i)(II); statutory construction; negative inference
Ren, et al. v. USCIS, No. 21-1661 (4th Cir. Feb. 14, 2023)
- EB-1C; executive or manager; evidentiary burden of proof; degree of managerial or executive tasks; daily responsibilities; Patel
Britkovyy v. Mayorkas, No. 21-3160 (7th Cir. Feb. 17, 2023)
- district court jurisdiction to review adjustment of status denial; APA; Patel; presumption of reviewability; legislative intent; statute over regulation
Lopez v. Garland, No. 20-71956 (9th Cir. Feb. 16, 2023)
- cross-appeals; waiver of appeal
USA v. Alvarez, No. 21-50088 (9th Cir. Feb. 16, 2023)
- crime of violence; categorical approach and attempt; felonious assault on a peace officer in violation of Ohio Rev. Code § 2903.13(A); Palomar-Santiago; fundamental fairness; § 1326; Valdivia Flores; Door; knowledge; de minimis contact; force capable of causing physical pain or injury; Castleman; Stokeling
Serra v. U.S. Att'y Gen., No. 21-10471 (11th Cir. Feb. 15, 2023)
- credibility; insignificant inconsistencies; asylum; credible fear interview transcript; timing of kidney stone; approximation; guessing; number of countries traveled through; persecution through prosecution; Cuba
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CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
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Twitter: @immreview
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DISCLAIMER:
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