Ep. 267 - Precedential Decisions from 6/2/2025 - 6/8/2025 (revocation of Consular Report of Birth Abroad; administrative closure; recalendaring; issue raised in notice of appeal; credibility; border interview; sexual abuse of a minor)
Immigration Review
Hadwan v. Dept. of State, No. 22-1624 (2d Cir. June 3, 2025)
- revocation of Consular Report of Birth Abroad (CRBA); revocation of passport abroad; CRBA revocation hearing; APA; due process; signed statement where signatory does not speak English; Office of Inspector General report against State Department officer
Matter of B-N-K-, 29 I&N Dec. 96 (BIA 2025)
- administrative closure; 8 C.F.R. § 1003.18; Matter of W-Y-U; recalendaring; TPS; persuasive reason for removal proceedings to be resolved on the merits
Singh v. Bondi, No. 22-6077 (2d Cir. June 3, 2025)
- credibility; border interview; REAL ID Act; I-213; Ramsameachire factors; Sikh; India
Linares-Rivas v. Bondi, 24-60186 (5th Cir. June 3, 2025)
- no jurisdiction to review non-LPR cancellation of removal discretion finding; exhaustion; issue raised in notice of appeal but not in BIA brief
Hsieh v. Bondi, No. 24-1013 (4th Cir. June 4, 2025)
- sexual abuse of a minor; coercion or enticement of a minor under 18 U.S.C. § 2422(b); crime of child abuse; Esquivel-Quintana; mens rea; attempt
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DISCLAIMER & CREDITS
See Eps. 1-200
Ep. 266 - Precedential Decisions from 5/26/2025 - 6/1/2025 (Adam Walsh Act no risk determination; bond; discretion; IAC motion to reopen; forced military conscription in Russia; deficient NTA; stays; avoiding doctrine of consular non-reviewability)
Immigration Review
Castaneira v. Noem, No. 23-5204 (D.C.C. May 30, 2025)
- Adam Walsh Act; no risk determination; Matter of Chawathe; specified offense against a minor; preponderance of the evidence standard
Matter of Beltrand-Rodriguez, 29 I&N Dec. 76 (BIA 2025)
- bond; danger; de novo review; sexual conduct against a child
Matter of Bain, 29 I&N Dec. 72 (BIA 2025)
- discretion for non-LPR cancellation of removal
Matter of D-E-B-, 29 I&N Dec. 83 (BIA 2025)
- motion to reopen; discretion; VAWA cancellation of removal; ineffective assistance of counsel; substantial compliance with Lozada; purpose of bar complaint requirement
Matter of N-N-B-, 29 I&N Dec. 79 (BIA 2025)
- CAT; forced military conscription in Russia; series of suppositions
Matter of Lopez-Ticas, 29 I&N Dec. 90 (BIA 2025)
- deficient NTA; egregious circumstances to permit withdrawing admissions and concessions; timely assertion of claims processing rule; retroactivity; change in law
Sarkisov v. Bondi, No. 25-0140 (6th Cir. May 29, 2025)
- stay of removal; Nken; denial despite non-opposition from the government
Hamilton v. U.S. Att'y Gen., No. 23-14095 (11th Cir. May 29, 2025)
- deficient NTA and continuous residence for INA § 212(h); initiation of proceedings; Niz Chavez and equitable tolling for motion to reopen
Pietersen, et al. v. Dept. of State, et al., No. 24-5092 (D.C.C. May 30, 2025)
- avoiding doctrine of consular non-reviewability; K-1 visa; erroneous standard for future visa petitions; INA § 201(g); fraud or willful misrepresentation; reason to believe; INA § 212(a)(6)(C)(i)
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DISCLAIMER & CREDITS
See Eps. 1-200
Ep. 265 - Precedential Decisions from 5/19/2025 - 5/25/2025 (jurisdiction; criminal penalties for obstructing removal; IIRIRA legislative history; untimely petition for review; hardship review; Sikh asylum claim)
Immigration Review
Xia v. Bondi, No. 24-2304 (2d Cir. May 19, 2025)
- Patel; no jurisdiction to review USCIS denial of adjustment of status
United States v. Doe, No. 22-14307 (11th Cir. May 21, 2025)
- criminal penalties under 8 U.S.C. § 1253(a)(1) for obstructing his removal or not cooperating with the procedures for obtaining travel out of the country; INA § 237(a); no requirement for admission; IIRIRA legislative history; deportation and exclusion
Ramos Goncalves v. Bondi, No. 24-1511 (1st Cir. May 20, 2025)
- untimely petition for review; post hoc extension; prison mailbox rule
Gonzalez-Juarez v. Bondi, No. 21-927 (9th Cir. May 20, 2025)
- exceptional and extremely unusual hardship; Wilkinson; standard of review; substantial evidence; Loper Bright; hardship in Mexico
Singh-Kar v. Bondi, No. 22-6309 (2d Cir. May 21, 2025)
- unable or unwilling to protect; ineffective assistance of counsel; Badal Party; Mann party; Sikh asylum claim; India
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DISCLAIMER & CREDITS
See Eps. 1-200
Ep. 264 - Precedential Decisions from 5/12/2025 - 5/18/2025 (email notifications; government nexus - asylum and CAT; mandatory detention; alien arriving; applicant for admission; motion to remand; prima facie case for relief; competency; mental health)
Immigration Review
Matter of F-B-G-M- & J-E-M-G-, 29 I&N Dec. 52 (BIA 2025)
- rebuttable presumption that email notifications sent via ECAS reach their recipient; equitable tolling of briefing deadlines
Matter of M-S-I-, 29 I&N Dec. 61 (BIA 2025)
- unable or unwilling to protect; acquiesce; generalized corruption; failure to report harm; Maoists; Nepal
Matter of Q. Li, 29 I&N Dec. 66 (BIA 2025)
- mandatory detention; alien arriving; applicant for admission; parole; INA § 235(b)(2)(A)
Soto Santos v. Bondi, No. 24-1733 (8th Cir. May 12, 2025)
- motion to remand; prima facie case for relief; hardship showing; enforcement priorities
Mohamed v. Bondi, No. 23-2556 (8th Cir. May 12, 2025)
- competency; mental health; fundamental procedural error; INA § 242(a)(2)(C)
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DISCLAIMER & CREDITS
See Eps. 1-200
Ep. 263 - Precedential Decisions from 5/5/2025 - 5/11/2025 (habeas; transfer of noncitizens; stay; bond; burdens; DUI; crime of child abuse; attempt; doctrine of consular nonreviewability; Religious Freedom Restoration Act)
Immigration Review
Ozturk v. Hyde, et al., No. 25-1019 (2d Cir. May 7, 2025) and Mahdawi v. Trump, et al., No. 25-1113 (2d Cir. May 9, 2025)
- habeas; transfer of noncitizens; INA § 241(g); venue; jurisdiction; INA § 242(a)(2)(B)(ii); INA § 242(g); INA § 242(b)(9); other jurisdiction stripping provisions; government motion for stay; government motion for mandamus
Matter of Choc-Tut, 29 I&N Dec. 48 (BIA 2025)
- bond; burdens; DUI; criminal court findings
Sandoval Argueta v. Bondi, No. 23-60080 (5th Cir. May 9, 2025)
- crime of child abuse; attempt; Loper Bright; no requirement for actual minor; INA § 237(a)(2)(E)(ii); motion top reconsider from abroad; judicial estoppel; DHS concessions
Calvary Albuquerque Inc., et al v. Rubio, et al., No. 24-2066 (10th Cir. May 6, 2025)
- doctrine of consular nonreviewability; Religious Freedom Restoration Act (RFRA); R-1 religious visa; renumeration or payment for B-1 work; fraud or willful misrepresentation; statutory interpretation
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DISCLAIMER & CREDITS
See Eps. 1-200
Ep. 262 - Precedential Decisions from 4/28/2025 - 5/4/2025 (mixed motive Ecuadorian women; M-R-M-S-; indigenous political parties; good moral character; fraud; unarmed assault with intent to rob or steal; fraud not theft; agg fel theft & attempt)
Immigration Review
Mayancela Guaman, et. al v. Bondi, No. 24-1295 (1st Cir. Apr. 28, 2025)
- mixed motive Ecuadorian women; BIA de novo review of nexus; Matter of M-R-M-S-; indigenous political parties; fear of Preside Correa; DHS burden to establish changed country conditions; Ecuador
Ibarra v. Bondi, No. 22-1560 (4th Cir. Apr. 29, 2025)
- good moral character catch-all provision at INA § 101(f); fraud; use of false identity; counsel’s assertion of Fifth Amendment privilege against self-incrimination
Baptista v. Bondi, No. 23-2237 (4th Cir. May 1, 2025)
- Mass. Gen. Laws ch. 265, § 20; unarmed assault with intent to rob or steal; fraud not theft; INA § 101(a)(43)(G) theft; definition of attempt; INA § 101(a)(43)(U) aggravated felony; larceny; steal; overt act
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DISCLAIMER & CREDITS
See Eps. 1-200
Ep. 261 - Precedential Decisions from 4/21/2025 - 4/27/2025 (voluntary departure; service on the weekend; CAT & MS-13; ineffective assistance of counsel motions to reopen; marriage and prima facie showing; firm resettlement; hardship to children)
Immigration Review
Velázquez v. Bondi, No. 23-929 (U.S. Apr. 22, 2025)
- voluntary departure; service on the weekend; 60 day departure period; jurisdiction; INA § 242(a)(1); “days”; presumption that Congress legislates in harmony with what came before it
Matter of A-A-R-, 29 I&N Dec. 38 (BIA 2025)
- CAT deferral; former MS-13 members; state exception policy in El Salvador; experts; prison conditions; sharing criminal information with El Salvador; State Department reports; acquiesce and willful blindness; intent to torture; standard of review
Zhou v. Bondi, No. 24-3866 (6th Cir. Apr. 23, 2025)
- jurisdiction to review ineffective assistance of counsel motion to reopen; INA § 237(a)(1)(H) waiver; prejudice; discretion
Hussen v. Bondi, No. 23-1047 (4th Cir. Apr. 22, 2025)
- marriage during removal proceedings; prima facie standard for motion to reopen; clear and convincing evidence; reopening as an important safeguard; Muslim marriage; Matter of Velarde; credibility; Ethiopia
Oscar v. Bondi, No. 23-3858 (9th Cir. Apr. 23, 2025)
- offer of firm resettlement; prima facie case; exceptions – government consciously restricted residence; Haiti; Chile
Mendez Nolasco v. Bondi, No. 23-1947 (1st Cir. Apr. 23, 2025)
- non LPR cancellation of removal; exceptional and extremely unusual hardship; standard of review; inability of children to speak Spanish; Recinas; factors in the aggregate
Chanchavac Garcia v. Bondi, No. 24-1296 (1st Cir. Apr. 24, 2025)
- non-LPR cancellation of removal; special needs and loss of educational opportunities; BIA failure to consider evidence and explain analysis
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DISCLAIMER & CREDITS
See Eps. 1-200
Ep. 260 - Precedential Decisions from 4/14/2025 - 4/20/2025 (illegal abduction and disappearing of individuals with withholding of removal grant; Executive overreach; facilitate; naturalization during removal proceedings)
Immigration Review
Abrego Garcia v. Noem, No. 25-1404 (4th Cir. Apr. 17, 2025)
- illegal abduction and disappearing of individuals with withholding of removal grants based on Executive overreach; facilitate
Ebu v. USCIS, No. 24-5431 (6th Cir. Apr. 16, 2025)
- declaratory relief; naturalization with ongoing removal proceedings; INA § 318; INA § 336(b); legislative history
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DISCLAIMER & CREDITS
See Eps. 1-200
Ep. 259 - Precedential Decisions from 4/7/2025 - 4/13/2025 (exceptional & extremely unusual hardship; failure to consider psychological report; notice of appeal deadline; former police officers; nexus; denying asylum as a matter of discretion; CIMT theft)
Immigration Review
Blanco Contreras v. Bondi, No. 22-1538 (1st Cir. Apr. 9, 2025)
- exceptional and extremely unusual hardship; Wilkinson; ignoring evidence; failure to consider psychological report
Matter of Iskandarani, 29 I&N Dec. 26 (BIA 2025)
- notice of appeal deadline; oral decision; written decision; 8 C.F.R. § 1003.38(b); law addendum
Matter of O-A-R-G-, 29 I&N Dec. 30 (BIA 2025)
- former police officers; immutability; particular social group; nexus; animus, anti-circularity; M-R-M-S-; police officers; FARC; Colombia
Thankarasa v. Att'y Gen. U.S., No. 23-3204 (3d Cir. Apr. 10, 2025)
- denying asylum as a matter of discretion; entry fraud; Matt of Pula; reconsidering asylum when withholding of removal is granted; Tamil; Sri Lanka
Chavez v. Bondi, No. 23-1379 (4th Cir. Apr. 10, 2025)
- CIMT; petit larceny; Loper Bright; affirmative defense; mens rea; reprehensible conduct; changing societal norms; due respect for Diaz-Lizarraga
Thank you NILA!
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DISCLAIMER & CREDITS
See Eps. 1-200
Ep. 258 - Precedential Decisions from 3/31/2025 - 4/6/2025 (PSG cooperators against MS-13; social distinction & ocular visibility; crime of violence; realistic probability test; naturalization review; INA § 310(c); warrant of arrest)
Immigration Review
Alvarez Mendoza v. Bondi, No. 24-1112 (1st Cir. Mar. 31, 2025)
- cooperators against MS-13; Henriquez-Rivas; persecution in the U.S.; Matter of H-L-S-A-; social distinction and ocular visibility; El Salvador
United States v. Cervenak, No. 23-3466 (6th Cir. Apr. 2, 2025) (en banc)
- crime of violence; realistic probability test; robbery in violation of Ohio Rev. Code § 2911.02
Mathin v. Mayorkas, 746 F. Supp. 3d 1327 (M.D. Fla. Aug. 16, 2024)
- naturalization review; INA § 310(c); warrant of arrest; statutory interpretation; declaratory relief
Safe Passage Project:
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DISCLAIMER & CREDITS
See Eps. 1-200
Ep. 257 - Precedential Decisions from 3/24/2025 - 3/30/2025 (crime of violence; force through omission; temporary appellate IJs; ultra vires argument; discovery to challenge I-130 denial; INA § 204(c); depositions)
Immigration Review
Delligatti v. United States, No. 23-825 (U.S. Mar. 21, 2025)
- crime of violence; force through omission; New York attempted murder; Castleman; Stokeling; meaning of “use”; limits of Borden; bodily injury; “ordinary meaning”
Ayala Chapa v. Bondi, No. 21-60039 (5th Cir. Mar. 24, 2025)
- temporary appellate IJs; temporary Board member; Santos Zacaria; INA § 103(g)(1); Attorney General authority; ultra vires argument
Yocom, et al. v. USCIS, et al., No. 22-0839 (S.D. Cal. Mar. 21, 2025)
- discovery to challenge I-130 denial; INA § 204(c); deposition of ex-wife; deposition of USCIS; no requirement to submit sworn statement; Munoz; coercive behavior; due process violation
Litigation tracker: https://www.justsecurity.org/107087/tracker-litigation-legal-challenges-trump-administration/
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DISCLAIMER & CREDITS
See Eps. 1-200
Ep. 256 - Precedential Decisions from 3/17/2025 - 3/23/2025 (deeming asylum application abandoned for failure to include declaration; point of comparison of CSA and state drug schedule; individualized inquiry for hardship; credibility)
Immigration Review
Matter of C-A-R-R-, 29 I&N Dec. 13 (BIA 2025)
- incomplete I-589; deeming asylum application abandoned for failure to include asylum declaration; cocaine admission and good moral character
Matter of Dor, 29 I&N Dec. 20 (BIA 2025)
- point of comparison of CSA and state drug schedule; INA § 237(a)(2)(B)(i); Brown; Mass. Gen. Law Ch. 94C § 32c(a); distribution of marijuana
Duarte De Martinez v. Bondi, No. 24-1057 (1st Cir. Mar. 19, 2025)
- individualized inquiry for exceptional and extremely unusual hardship; learning disability; inability to learn in foreign country; inability to learn foreign language; common hardship in the aggregate
Salinas v. Bondi, No. 23-2779 (8th Cir. Mar. 19, 2025)
- point of comparison of CSA and state drug schedule; INA § 237(a)(2)(B)(i); North Dakota definition of marijuana; Cannabis sativa L
Singh v. Bondi, No. 23-1247 (9th Cir. Mar. 17, 2025)
- credibility; Matter of R-K-K-; similar affidavits; DHS charts; Singh v. Garland distinguished; frivolous asylum finding; Mann Party; Sikh; India
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Important Announcement!
Immigration Review
- Episodes will be published every Tuesday morning, going forward : )
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- About your host
- Case notes
- Featured in San Diego Voyager
- All praise to the pod's wonderful editors!
DISCLAIMER & CREDITS
See Eps. 1-200
Ep. 255 - Precedential Decisions from 3/10/2025 - 3/16/2025 (alienage by clear, unequivocal, and convincing evidence; hardship and one-year filing deadline review: satisfaction of Attorney General; asylum in India - loan sharks and Mann Party; deference)
Immigration Review
Rosa v. Bondi, No. 24-1240 (1st Cir. Mar. 14, 2025)
- DHS burden to prove alienage by clear, unequivocal, and convincing evidence; Woodby standard
Wilkinson v. Att'y Gen. U.S., No. 21-3166 (3d Cir. Mar. 11, 2025)
- extreme and exceptionally unusual hardship; substantial evidence standard of review; psychological harm without experts
Rahman v. Bondi, No. 23-3608 (6th Cir. Mar. 13, 2025)
- types of hardship review; Wilkinson; INA § 212(i) waiver; INA § 212(a)(9)(B)(v) waiver; unlawful presence waiver; no adverse credibility review; satisfaction of the Attorney General
Dineshkumar Patel v. Bondi, No. 24-3614 (6th Cir. Mar. 11, 2025)
- fear of loan sharks; extortion; nexus; acquiesce; India
Gulomjonov v. Bondi, No. 21-2844 (7th Cir. Mar. 14, 2025)
- material change exception to one year asylum filing deadline; Loper Bright; satisfaction of the attorney general; heightened deference; 8 C.F.R. § 1208.4(a)(4)(ii); reasonable time; Catholic converts; Uzbekistan
Singh v. Bondi, No. 23-9589 (10th Cir. Mar. 11, 2025)
- unable or unwilling to protect; reporting to police; State Department reports; Mann party asylum claim; Sikh; India
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- About your host
- Case notes
- Featured in San Diego Voyager
- All praise to the pod's wonderful editors!
DISCLAIMER & CREDITS
See Eps. 1-200
Special Episode - Interview with Rekha and Michael Sharma-Crawford (the Pen & Sword College; trial lawyering in immigration court; personal backgrounds; Laken Riley Act; fighting back against Lozada bar complaint requirement)
Immigration Review
Links!!!!
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- Rekha's books: https://www.rekhasharmacrawford.com/
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The Pen & Sword College (formerly The Clinic at Sharma-Crawford Attorneys at Law)
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CONTACT INFORMATION
Email: kgregg@kktplaw.com
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- About your host
- Case notes
- Recent criminal-immigration article (p.18)
- Featured in San Diego Voyager
- All praise to the pod's wonderful editors!
DISCLAIMER & CREDITS
See Eps. 1-200
Ep. 254 - Precedential Decisions from 3/3/2025 - 3/9/2025 (LPR as arriving alien; parole; false testimony & good moral character; arson aggravated felony; politics in Nicaragua; political opinion; opposition to China’s property confiscation laws)
Immigration Review
Lau v. Bondi, No. 21-6623 (2d Cir. Mar. 4, 2025)
- LPR as arriving alien applicant for admission; INA § 101(a)(13)(C)(v); CIMT; Matter of Valenzuela-Felix; parole
Penaranda v. Bondi, No. 23-6584 (2d Cir. Mar. 7, 2025)
- false testimony, good moral character, and INA § 101(f)(6); Loper Bright and star decisis; Matter of Fernandes; timely assertion of claims processing rule violation; deficient NTA; Wilkinson and non-LPR cancellation of removal
Mohammed v. Bondi, No. 24-3649 (6th Cir. Mar. 4, 2025)
- arson in violation of VA Code § 18.2-77; malice; INA § 101(a)(43)(E)(i) arson aggravated felony; federal accomplice liability; 18 U.S.C. § 2
Laguna Rivera v. U.S. Att'y Gen., No. 23-12398 (11th Cir. Mar. 5, 2025)
- prior precedent rule; persecution of family members; exhaustion; failure to raise arguments to the BIA; considering support affidavits after adverse credibility; harm in the past; political involvement in Nicaragua
Tian v. Bondi, No. 22-6053 (2d Cir. Mar. 5, 2025)
- political opinion; opposition to China’s property confiscation laws; pretextual arrest as persecution; pretextual prosecution; police beating; BIA failure to analyze material evidence
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.
Cerenade
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The Pen & Sword College (formerly The Clinic at Sharma-Crawford Attorneys at Law)
- Use Promo Code: ImmReview2025
- Link to Nonprofit: https://thepen-and-swordkc.org/
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CONTACT INFORMATION
Email: kgregg@kktplaw.com
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- About your host
- Case notes
- Featured in San Diego Voyager
- All praise to the pod's wonderful editors!
DISCLAIMER & CREDITS
See Eps. 1-200
Ep. 253 - Precedential Decisions from 2/24/2025 - 3/2/2025 (exceptions to Hague Act adoption; habitual residence; I-130 petition by adoptive parent; crime of violence; threat of sodomy accusation; Virginia robbery)
Immigration Review
Xia v. Scott, No. 23-3055 (8th Cir. Feb. 27, 2025)
- exceptions to Hague Act adoption; habitual residence; I-130 petition by adoptive parent; reasoned consideration by BIA
United States v. Parham, No. 23-4249 (4th Cir. Feb. 26, 2025)
- crime of violence; threat of sodomy accusation; physical force; sentence enhancement; robbery in violation of Va. Code § 18.2-58
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.
Cerenade
"Leader in providing smart, secure, and intuitive cloud-based solutions"
The Pen & Sword College (formerly The Clinic at Sharma-Crawford Attorneys at Law)
- Use Promo Code: ImmReview2025
- Link to firm: https://sharma-crawford.com/
- Link to Nonprofit: https://thepen-and-swordkc.org/
- Link to books: https://www.rekhasharmacrawford.com/
Stafi
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CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
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- About your host
- Case notes
- Recent criminal-immigration article (p.18)
- Featured in San Diego Voyager
- All praise to the pod's wonderful editors!
DISCLAIMER & CREDITS
See Eps. 1-200
Ep. 252 - Precedential Decisions from 2/17/2025 - 2/23/2025 (odd, ends, and immigration news; in absentia motion to reopen; stop-time rule; equitable tolling; sua sponte; exceptional circumstances for missing hearing; notice in foreign language)
Immigration Review
Odd, ends, and immigration news
- Stay positive! : )
El Manyary v. Bondi, No. 22-3102 (8th Cir. Feb. 21, 2025)
- in absentia motion to reopen; Campos-Chavez; stop-time rule; equitable tolling; sua sponte; exceptional circumstances for missing hearing; hearing notice in foreign language
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.
Cerenade
"Leader in providing smart, secure, and intuitive cloud-based solutions"
The Pen & Sword College (formerly The Clinic at Sharma-Crawford Attorneys at Law)
- Use Promo Code: ImmReview2025
- Link to firm: https://sharma-crawford.com/
- Link to Nonprofit: https://thepen-and-swordkc.org/
- Link to books: https://www.rekhasharmacrawford.com/
Stafi
"Remote staffing solutions for businesses of all sizes"
- Promo Code: STAFI2025
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Want to become a patron?
CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
- About your host
- Case notes
- Recent criminal-immigration article (p.18)
- Featured in San Diego Voyager
- All praise to the pod's wonderful editors!
DISCLAIMER & CREDITS
See Eps. 1-200
Ep. 251 - Precedential Decisions from 2/10/2025 - 2/16/2025 (past persecution - Roma; disfavored group; firearms offense; CIMT & Loper Bright; continuance & diligence; drugs; sua sponte reopening; DV asylum; inadequate medical care)
Immigration Review
Lapadat, et al. v. Bondi, No. 23-1745 (9th Cir. Feb. 12, 2025)
- past persecution; being shot; attempted kidnapping; death & rape threats; IJ mischaracterizing testimony; Roma; “gypsies”; pernicious maltreatment; no requirement for lasting injuries; disfavored group analysis for well founded fear; relevance of EU policy
Perez-Perez, et al. v. Bondi, No. 23-4240 (9th Cir. Feb. 10, 2025)
- FRAP 15(a)(2)(A); listing names of petitioners in case caption
Murillo-Chavez v. Bondi, No. 23-1997 (9th Cir. Feb. 13, 2025)
- firearms offense; INA § 237(a)(2)(C); antique firearms exception; divisibility; O.R.S. § 166.250; admitted in any status for LPR cancellation; stop-time rule; SIJ status; Supreme Court effectively overruling precedent; criminal mistreatment in violation of O.R.S. § 163.205; CIMT definition & analysis post-Loper Bright
Ikome v. Bondi, No. 22-60606 (5th Cir. Feb. 12, 2025)
- continuance; motion to remand; Patel &Wilkinson; jurisdiction to consider adjustment of status continuance; motion to remand where I-130 approved; due diligence
Porter v. Bondi, No. 24-3125 (6th Cir. Jan. 24, 2025)
- possession with intent to distribute methamphetamine in violation of Va. Code Ann. § 18.2-248; no need for renumeration; CSA felony; methamphetamine isomers; drug divisibility
Sanches Alves v. Bondi, No. 24-1258 (1st Cir. Feb. 12, 2025)
- domestic violence-type asylum claim; nexus; personal dispute
Phimmady v. Bondi, No. 24-1330 (1st Cir. Feb. 10, 2025)
- sua sponte motion to reopen due to vacated conviction; BIA settled course of adjudication; using unpublished BIA decisions; diligence
Ferchichi v. Bondi, No. 23-1123 (8th Cir. Feb. 14, 2025)
- inadequate medical care; nexus; spina bifida; mixed motive; future persecution; Algeria
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.
Cerenade
"Leader in providing smart, secure, and intuitive cloud-based solutions"
The Pen & Sword College (formerly The Clinic at Sharma-Crawford Attorneys at Law)
- Use Promo Code: ImmReview2025
- Link to firm: https://sharma-crawford.com/
- Link to Nonprofit: https://thepen-and-swordkc.org/
- Link to books: https://www.rekhasharmacrawford.com/
Want to become a patron?
All praise to the pod's wonderful editors!
DISCLAIMER & CREDITS
See Eps. 1-200
Ep. 250 - Precedential Decisions from 2/3/2025 - 2/9/2025 (BIA overturning IJ; under color of law; Cal. Pen Code § 1473.7 vacated conviction; procedural or substantive defect; fear of cartels in Mexico; criminal prosecution of immigration attorneys)
Immigration Review
Funez-Ortiz v. McHenry, No. 23-2290 (4th Cir. Feb. 4, 2025)
- CAT protection; BIA overturning IJ; under color of law; gangs wearing military uniform; acquiescence; presumption of regularity
Matter of De Jesus-Platon, 29 I&N Dec. 7 (BIA 2025)
- Cal. Pen Code § 1473.7 vacated conviction; post-conviction relief; Cal. Pen. Code § 18.5; Matter of Velasquez-Rios; CIMT; Cal. Pen Code § 422; motion to remand; procedural or substantive defect; noncitizen's burden
Becerril-Sanchez v. Bondi, No. 23-3349 (8th Cir. Feb. 6, 2025)
- fear of cartels and police in Mexico; harm in utero as past persecution; insufficient threats and beating for past persecution; motion to reopen and women in Mexico
United States v. Greenberg, No. 23-7168 (2d Cir. Feb. 3, 2025)
- criminal prosecution of immigration attorneys; 18 U.S.C. § 1546(a) ¶ 1; conspiracy to obtain documents through fraud
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.
Cerenade
"Leader in providing smart, secure, and intuitive cloud-based solutions"
The Pen & Sword College (formerly The Clinic at Sharma-Crawford Attorneys at Law)
- Use Promo Code: ImmReview2025
- Link to firm: https://sharma-crawford.com/
- Link to Nonprofit: https://thepen-and-swordkc.org/
- Link to books: https://www.rekhasharmacrawford.com/
Want to become a patron?
CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
- About your host
- Case notes
- Recent criminal-immigration article (p.18)
- Featured in San Diego Voyager
- All praise to the pod's wonderful editors!
DISCLAIMER & CREDITS
See Eps. 1-200
Ep. 249 - Precedential Decisions from 1/27/2025 - 2/2/2025 (single scheme of criminal conduct; two or more CIMTs; derivative naturalization; present-perfect tense; legal separation; Loper Bright)
Immigration Review
Matter of Baeza-Galindo, 29 I&N Dec. 1 (BIA 2025)
- single scheme of criminal conduct; two or more CIMTs; temporal limitation; INA § 237(a)(2)(A)(ii); criminal intent
Turner v. U.S. Att’y Gen., No. 22-11207 (11th Cir. Jan. 30, 2025)
- former INA 321(a)(3); derivative naturalization; present-perfect tense; legal separation; Loper Bright; Skidmore deference
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.
Cerenade
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Want to become a patron?
CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
- About your host
- Case notes
- Recent criminal-immigration article (p.18)
- Featured in San Diego Voyager
- All praise to the pod's wonderful editors!
DISCLAIMER & CREDITS
See Eps. 1-200
Ep. 248 - Precedential Decisions from 1/20/2025 - 1/26/2025 (recent thoughts; CAT protection & credibility; crime of violence; general intent crimes; detention - dangerousness, mixed question of law and fact, and substantive due process)
Immigration Review
Odds and ends, nonprofits, and law students
- effected nonprofits and law students: email me if you need anything at kgregg@kktplaw.com
Aguilar-Quintanilla v. McHenry, No. 24-60142 (5th Cir. Jan. 24, 2024)
- CAT protection; removal does not moot CAT challenge; ICE facilitating return; suspected gang members in El Salvador; CAT even with adverse credibility; requirement to consider affidavits; requirement to actually consider evidence, rather than simply mention
Villagomez v. McHenry, No. 23-3558 (9th Cir. Jan. 24, 2025)
- crime of violence; general intent crimes; battery resulting in substantial bodily harm under Nev. Rev. Stat. § 200.481(2)(b); mens rea; violent force; Johnson; Borden
Martinez v. Clark, No. 21-35023 (9th Cir. Dec. 27, 2024) (remand)
- detention; dangerousness; jurisdiction; mixed question of law and fact; INA § 236
Doe v. Becerra, 732 F.Supp.3d 1071 (N.D. Cal. 2024)
- prolonged detention; mandatory detention; conditions of detention; habeas; punitive detention; alternatives to detention; substantive due process
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.
Cerenade
"Leader in providing smart, secure, and intuitive cloud-based solutions"
Want to become a patron?
CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
- About your host
- Case notes
- Recent criminal-immigration article (p.18)
- Featured in San Diego Voyager
- All praise to the pod's wonderful editors!
DISCLAIMER & CREDITS
See Eps. 1-200
Ep. 247 - Precedential Decisions from 1/13/2025 - 1/19/2025 (CIMTs & fleeing police; res judicata; electronic notice; indigenous men & nexus; PSG identification on appeal; aggravated felony obstruction of justice; transgender women in Guatemala)
Immigration Review
Ndungu v. Att'y Gen. U.S., No. 20-2562 (3d Cir. Jan. 13, 2025) (en banc)
- history of CIMT; transactional view of res judicata; fleeing or attempting to elude law enforcement, in violation of 75 Pa. Cons. Stat. § 3733(a.2)(2); documents to be considered under the categorical approach; divisibility analysis; different punishments; Pennsylvania’s mens rea gap filling statute; hypotheticals
Matter of Arciniegas-Patino, 28 I&N Dec. 883 (BIA 2025)
- electronic notice of briefing schedule and deadlines; ECA; duty to check email and SPAM folder; motion to reconsider
Vargas Panchi v. Garland, No. 24-1172 (1st Cir. Jan. 13, 2025)
- indigenous men in Ecuador; race; nexus; soccer fight; denial of medical care; pattern or practice of persecution
Mateo-Esteban v. Garland, No. 23-3951 (6th Cir. Jan. 13, 2025)
- asserting particular social group for first time on appeal; Matter of W-Y-C- & H-O-B-; children who fear gangs in Guatemala; failure to report harm and CAT protection
Godoy-Aguilar v. Garland, No. 19-70960 (9th Cir. Jan. 13, 2025)
- aggravated felony relating to obstruction of justice; INA § 101(a)(43)(S); Cal. Penal Code § 136.1(c)(1); Pugin; mens rea and related statutes; attempts; preventing arrest
Santos-Zacaria v. Garland, No. 19-60355 (5th Cir. Jan. 13, 2025)
- transgender women in Guatemala; past persecution as a child; rape; BIA fact finding; mixed question of law and fact; failure to conduct pattern or practice analysis
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.
Cerenade
"Leader in providing smart, secure, and intuitive cloud-based solutions"
Want to become a patron?
CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
- About your host
- Case notes
- Recent criminal-immigration article (p.18)
- Featured in San Diego Voyager
- All praise to the pod's wonderful editors!
DISCLAIMER & CREDITS
See Eps. 1-200
Ep. 246 - Precedential Decisions from 1/6/2025 - 1/12/2025 (Laken Riley Act; duty to intervene standard for government acquiesce or consent for CAT deferral; UN duty to intervene; two-pronged analysis; Boko Haram; Nigeria)
Immigration Review
Akinsanya v. Garland, No. 24-1412 (1st Cir. Jan. 10, 2025)
- duty to intervene standard for government acquiesce or consent for CAT deferral; UN duty to intervene; two-pronged analysis; Boko Haram; Nigeria
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.
Cerenade
"Leader in providing smart, secure, and intuitive cloud-based solutions"
Docketwise
"Modern immigration software & case management"
Stafi
"Remote staffing solutions for businesses of all sizes"
- Promo Code: stafi2024
- Get Started! Promo Code: FREE
Want to become a patron?
CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
- About your host
- Case notes
- Recent criminal-immigration article (p.18)
- Featured in San Diego Voyager
- All praise to the pod's wonderful editors!
DISCLAIMER & CREDITS
See Eps. 1-200
Ep. 245 - Precedential Decisions from 12/30/2024 - 1/5/2025 (SCOTUS preview; crime of violence; “bodily injury”; emotional or verbal injury; realistic probability test; wholesale exclusion of evidence during discretionary analysis as legal error)
Immigration Review
United States v. Defrance, No. 23-2409 (9th Cir. Dec. 30, 2024)
- crime of violence; “bodily injury”; MT Code Ann. § 45-5-206(1)(a); assault; emotional or verbal injury; realistic probability test
Zarzecki v. Garland, No. 21-3267 (7th Cir. Jan. 3, 2025)
- wholesale exclusion of evidence during adjustment of status discretionary analysis as legal error; de novo review of discretion
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"
Cerenade
"Leader in providing smart, secure, and intuitive cloud-based solutions"
Stafi
"Remote staffing solutions for businesses of all sizes"
- Promo Code: stafi2024
- Get Started! Promo Code: FREE
Want to become a patron?
CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
- About your host
- Case notes
- Recent criminal-immigration article (p.18)
- Featured in San Diego Voyager
- All praise to the pod's wonderful editors!
DISCLAIMER & CREDITS
See Eps. 1-200
Ep. 267 - Precedential Decisions from 6/2/2025 - 6/8/2025 (revocation of Consular Report of Birth Abroad; administrative closure; recalendaring; issue raised in notice of appeal; credibility; border interview; sexual abuse of a minor)
42:14
Ep. 266 - Precedential Decisions from 5/26/2025 - 6/1/2025 (Adam Walsh Act no risk determination; bond; discretion; IAC motion to reopen; forced military conscription in Russia; deficient NTA; stays; avoiding doctrine of consular non-reviewability)
1:00:55
Ep. 265 - Precedential Decisions from 5/19/2025 - 5/25/2025 (jurisdiction; criminal penalties for obstructing removal; IIRIRA legislative history; untimely petition for review; hardship review; Sikh asylum claim)
29:44
Ep. 264 - Precedential Decisions from 5/12/2025 - 5/18/2025 (email notifications; government nexus - asylum and CAT; mandatory detention; alien arriving; applicant for admission; motion to remand; prima facie case for relief; competency; mental health)
34:41
Ep. 263 - Precedential Decisions from 5/5/2025 - 5/11/2025 (habeas; transfer of noncitizens; stay; bond; burdens; DUI; crime of child abuse; attempt; doctrine of consular nonreviewability; Religious Freedom Restoration Act)
41:30
Ep. 262 - Precedential Decisions from 4/28/2025 - 5/4/2025 (mixed motive Ecuadorian women; M-R-M-S-; indigenous political parties; good moral character; fraud; unarmed assault with intent to rob or steal; fraud not theft; agg fel theft & attempt)
29:56
Ep. 261 - Precedential Decisions from 4/21/2025 - 4/27/2025 (voluntary departure; service on the weekend; CAT & MS-13; ineffective assistance of counsel motions to reopen; marriage and prima facie showing; firm resettlement; hardship to children)
54:57
Ep. 260 - Precedential Decisions from 4/14/2025 - 4/20/2025 (illegal abduction and disappearing of individuals with withholding of removal grant; Executive overreach; facilitate; naturalization during removal proceedings)
27:42
Ep. 259 - Precedential Decisions from 4/7/2025 - 4/13/2025 (exceptional & extremely unusual hardship; failure to consider psychological report; notice of appeal deadline; former police officers; nexus; denying asylum as a matter of discretion; CIMT theft)
44:09
Ep. 258 - Precedential Decisions from 3/31/2025 - 4/6/2025 (PSG cooperators against MS-13; social distinction & ocular visibility; crime of violence; realistic probability test; naturalization review; INA § 310(c); warrant of arrest)
42:25
Ep. 257 - Precedential Decisions from 3/24/2025 - 3/30/2025 (crime of violence; force through omission; temporary appellate IJs; ultra vires argument; discovery to challenge I-130 denial; INA § 204(c); depositions)
30:15
Ep. 256 - Precedential Decisions from 3/17/2025 - 3/23/2025 (deeming asylum application abandoned for failure to include declaration; point of comparison of CSA and state drug schedule; individualized inquiry for hardship; credibility)
43:48
Important Announcement!
0:53
Ep. 255 - Precedential Decisions from 3/10/2025 - 3/16/2025 (alienage by clear, unequivocal, and convincing evidence; hardship and one-year filing deadline review: satisfaction of Attorney General; asylum in India - loan sharks and Mann Party; deference)
50:14
Special Episode - Interview with Rekha and Michael Sharma-Crawford (the Pen & Sword College; trial lawyering in immigration court; personal backgrounds; Laken Riley Act; fighting back against Lozada bar complaint requirement)
1:12:47
Ep. 254 - Precedential Decisions from 3/3/2025 - 3/9/2025 (LPR as arriving alien; parole; false testimony & good moral character; arson aggravated felony; politics in Nicaragua; political opinion; opposition to China’s property confiscation laws)
48:33
Ep. 253 - Precedential Decisions from 2/24/2025 - 3/2/2025 (exceptions to Hague Act adoption; habitual residence; I-130 petition by adoptive parent; crime of violence; threat of sodomy accusation; Virginia robbery)
23:58
Ep. 252 - Precedential Decisions from 2/17/2025 - 2/23/2025 (odd, ends, and immigration news; in absentia motion to reopen; stop-time rule; equitable tolling; sua sponte; exceptional circumstances for missing hearing; notice in foreign language)
21:03
Ep. 251 - Precedential Decisions from 2/10/2025 - 2/16/2025 (past persecution - Roma; disfavored group; firearms offense; CIMT & Loper Bright; continuance & diligence; drugs; sua sponte reopening; DV asylum; inadequate medical care)
1:09:00
Ep. 250 - Precedential Decisions from 2/3/2025 - 2/9/2025 (BIA overturning IJ; under color of law; Cal. Pen Code § 1473.7 vacated conviction; procedural or substantive defect; fear of cartels in Mexico; criminal prosecution of immigration attorneys)
37:53
Ep. 249 - Precedential Decisions from 1/27/2025 - 2/2/2025 (single scheme of criminal conduct; two or more CIMTs; derivative naturalization; present-perfect tense; legal separation; Loper Bright)
24:50
Ep. 248 - Precedential Decisions from 1/20/2025 - 1/26/2025 (recent thoughts; CAT protection & credibility; crime of violence; general intent crimes; detention - dangerousness, mixed question of law and fact, and substantive due process)
47:09
Ep. 247 - Precedential Decisions from 1/13/2025 - 1/19/2025 (CIMTs & fleeing police; res judicata; electronic notice; indigenous men & nexus; PSG identification on appeal; aggravated felony obstruction of justice; transgender women in Guatemala)
50:37
Ep. 246 - Precedential Decisions from 1/6/2025 - 1/12/2025 (Laken Riley Act; duty to intervene standard for government acquiesce or consent for CAT deferral; UN duty to intervene; two-pronged analysis; Boko Haram; Nigeria)
17:46
Ep. 245 - Precedential Decisions from 12/30/2024 - 1/5/2025 (SCOTUS preview; crime of violence; “bodily injury”; emotional or verbal injury; realistic probability test; wholesale exclusion of evidence during discretionary analysis as legal error)
20:16