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
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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
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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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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
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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
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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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- About your host
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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
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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
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DISCLAIMER & CREDITS
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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
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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
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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
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- About your host
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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
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- About your host
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DISCLAIMER & CREDITS
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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
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Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
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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. 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
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Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
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CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
Instagram: @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. 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
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Docketwise
"Modern immigration software & case management"
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"Remote staffing solutions for businesses of all sizes"
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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
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Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
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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. 244 - Precedential Decisions from 12/23/2024 - 12/29/2024 (prior adverse credibility & reopening; stolen property aggravated felony; VAWA & hardship reopening; well-founded fear & Brazil; definition of exceptional & extremely unusual hardship)
Immigration Review
Singh v. Garland, No. 23-2065 (9th Cir. Dec. 24, 2024)
- prior adverse credibility & motion to reopen; disregarding affidavits; corroborating evidence; falsus in uno, falsus in omnibus; Mann party; Sikh; Badal Party
Chmukh v. Garland, No. 21-1096 (9th Cir. Dec. 23, 2024)
- RCW § 69.50.4013; possession of stolen property aggravated felony; INA § 101(a)(43)(G); particularly serious crime; aggravated felony satisfying N-A-M- first step; dangerousness; issue exhaustion; Ukraine
Magana-Magana v. Garland, No. 23-1887 (9th Cir. Dec. 26, 2024)
- VAWA motion to reopen; jurisdiction; mixed question of law and fact; extraordinary circumstances or extreme hardship to children; exhaustion; sua sponte
Rodrigues v. Garland, No. 23-1776 (1st Cir. Dec. 27, 2024)
- well-founded fear; objective reasonableness; drug dealers in Brazil; political opinion opposition to powerful family
Chacon-Ruiz v. Garland, No. 21-3694 (8th Cir. Dec. 24, 2024)
- motion to reopen for exceptional and extremely unusual hardship; motion to reconsider; children in foster care
Mateo-Mateo v. Garland, No. 23-2694 (7th Cir. Dec. 24, 2024)
- family-related violence-type asylum; harm by family member
Moctezuma-Reyes v. Garland, No. 24-0274 (6th Cir. Dec. 23, 2024)
- legal definition of exceptional and extremely unusual hardship; agency deference post-Loper Bright; star decisis post-Loper Bright; rare hardship
National Immigration Project links:
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CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
DISCLAIMER & CREDITS
See Eps. 1-200
Ep. 243 - Precedential Decisions from 12/16/2024 - 12/22/2024 (EB-2 visa; I-140 revocation; temporary Appellate IJ; Attorney General and INA § 103(g); BIA asylum affirmance; in absentia motion to reopen; hardship, voluntary departure &continuance review)
Immigration Review
Viana Guedes, et al., v, Mayorkas, et al., No. 24-1228 (1st Cir. Dec. 16, 2024)
- I-140 revocation; Bouarfa; jurisdiction; Patel; EB-2 NIW; discretion
Salomon-Guillen v. Garland, No. 23-1723 (4th Cir. Dec. 18, 2024)
- temporary Appellate Immigration Judge; substantive vs. internal housekeeping regulations; agency following regulations where rights are affected; INA § 103(g); discretionary findings; extreme hardship; Patel
Albayero-Gomez v. Garland, No. 23-3549 (8th Cir. Dec. 20, 2024)
- asylum; Matter of Burbano; unable or unwilling to protect; Guatemala
Luna v. Garland, No. 21-60195 (5th Cir. Dec. 17, 2024)
- in absentia motion to reopen; Campos-Chavez; deficient NTA; Rodriguez; non-receipt of notice of hearing; sworn affidavit; presumption of delivery
Cuenca-Arroyo v. Garland, No. 23-60100 (5th Cir. Dec. 18, 2024)
- exceptional and extremely unusual hardship; Wilkinson; jurisdiction to review voluntary departure; review of request for continuance
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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.
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CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
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DISCLAIMER & CREDITS
See Eps. 1-200
Ep. 242 - Precedential Decisions from 12/9/2024 - 12/15/2024 (crime of violence; H-1B & marijuana industry; revocation of I-130 petition; circumstance specific approach; aggravated felony rape; adverse credibility; family based particular social group)
Immigration Review
Case round up:
- United States v. Burwell, No. 16-3009 (D.C. Cir. Dec. 9, 2024) – crime of violence; divisibility; Federal bank robbery in violation of U.S.C. § 2113(a); common law robbery; Mathis peek; jury instructions
- Treez, Inc. v. DHS, Case No. 22-cv-07027 (N.D. Cal. Dec. 3, 2024) – marijuana dispensary; H-1B; aiding and abetting controlled substance act violation
Bouarfa v. Mayorkas, et al., No. 23-583 (U.S. Dec. 10, 2024)
- revocation of I-130 petition; INA § 204(c); jurisdiction; discretion; may; INA § 242(a)(2)(B)(ii)
Matter of Dominguez Reyes, 28 I&N Dec. 878 (BIA 2024)
- amount of loss; circumstance specific approach; INA § 101(a)(43)(D); certification of criminal documents
Quito-Guachichulca v. Garland, No. 23-1069 (8th Cir. Dec. 9, 2024)
- aggravated felony rape; INA § 101(a)(43)(A); sexual abuse; digital penetration; statutory interpretation; survey of state case law; res judicata
Mondzali Bopaka v. Garland, No. 21-1384 (1st Cir. Dec. 13, 2024)
- adverse credibility; motion to reopen to submit new evidence; I-589 errors and omissions; inconsistencies; ineffective assistance of counsel motion to reopen; Republic of the Congo
Lopez-Quinteros v. Garland, No. 23-1890 (1st Cir. Dec. 13, 2024)
- family based particular social group; business owners; mixed motive; gang extortion; El Salvador
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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.
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CONTACT INFORMATION
Email: kgregg@kktplaw.com
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DISCLAIMER & CREDITS
See Eps. 1-200
Ep. 241 - Precedential Decisions from 12/2/2024 - 12/8/2024 (Senator Markey Immigrants' List event!; mental health; extraordinary circumstances exception to one-year asylum deadline; changed circumstances; aggregating all sources of torture; gangs)
Immigration Review
Escobar Larin v. Garland, No. 23-2088 (1st Cir. Dec. 5, 2024)
- mental health; extraordinary circumstances exception to one-year asylum deadline; changed circumstances; aggregating all sources of torture; gangs; El Salvador
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Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
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CONTACT INFORMATION
Email: kgregg@kktplaw.com
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DISCLAIMER & CREDITS
See Eps. 1-200
Ep. 240 - Precedential Decisions from 11/25/2024 - 12/1/2024 (thank you Patrons!; CAT deferral; political power in Guinea; exhaustion of particularly serious crime argument before the BIA; MD. Crim. Code § 8-301(c)(2)(i) identity fraud)
Immigration Review
Lamine Kouyate v. Garland, No. 23-1960 (4th Cir. Nov. 27, 2024)
- CAT deferral; political power in Guinea; exhaustion of particularly serious crime argument before the BIA; MD. Crim. Code § 8-301(c)(2)(i) identity fraud
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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"
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CONTACT INFORMATION
Email: kgregg@kktplaw.com
Facebook: @immigrationreview
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DISCLAIMER & CREDITS
See Eps. 1-200
Ep. 239 - Precedential Decisions from 11/18/2024 - 11/24/2024 (BIA notice of appeal deadlines; equitable tolling; diligence; timely objection to deficient NTA; retroactivity; federal definition of marijuana; hemp; realistic probability test)
Immigration Review
Diaz-Valdez v. Garland, No. 23-1576 (1st Cir. Nov. 22, 2024)
- BIA notice of appeal deadlines; equitable tolling; diligence; extraordinary circumstances; attorney statements; evidentiary sufficiency; guaranteed delivery
Matter of Larios-Gutierrez De Pablo and Pablo-Larios, 28 I&N Dec. 868 (BIA 2024)
- timely objection to deficient NTA; retroactivity; Matter of Fernandes; claims processing rule; change of law
USA v. Minor, No. 22-51083 (5th Cir. Nov. 20, 2024)
- federal definition of marijuana; hemp; guideline sentence enhancement; time of comparison; Brown v. United States; realistic probability test does not apply
Acacia Justice
- Get involved at the Acacia Center for Justice:
- Sign up to receive Acacia’s “Monthly Jobs Roundup”:
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"
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DISCLAIMER & CREDITS
Ep. 238 - Precedential Decisions from 11/11/2024 - 11/17/2024 (nexus to political opinion; church leaders; small business owners; death threats, extortion & past persecution; reasonable relocation; gang violence; unable or unwilling to protect)
Immigration Review
Aleman Belloso v. Garland, No. 23-114 (9th Cir. Nov. 13, 2024)
- nexus; church leader; political opinion; particular social group - influential church leaders; no requirement to report harm for CAT; circularity not fatal; agency misconstruing PSG; no need to report government harm; FMLN; El Salvador
Manuel-Soto v. Att'y Gen. U.S., No. 24-1089 (3d Cir. Nov. 12, 2024)
- small business owners; particularity; immutability; police investigation and unable or unwilling; Guatemala
Urias-Orellana v. Garland, No. 24-1042 (1st Cir. Nov. 14, 2024)
- death threats, extortion, and past persecution; reasonable relocation; failure to report and government acquiescence; country condition reports; El Salvador
Cortez-Mejia v. Garland, No. 23-1717 (1st Cir. Nov. 15, 2024)
- generalized fear of gang violence; 18th Street Gang recruitment against MS-13; death threats; El Salvador
Medina-Suguilanda v. Garland, No. 23-2031 (1st Cir. Nov. 14, 2024)
- unable or unwilling to protect; failure to report to police because of risk of danger; domestic violence; mixed question of law and fact; Ecuador
ABA Commission on Immigration
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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)
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
Ep. 244 - Precedential Decisions from 12/23/2024 - 12/29/2024 (prior adverse credibility & reopening; stolen property aggravated felony; VAWA & hardship reopening; well-founded fear & Brazil; definition of exceptional & extremely unusual hardship)
57:57
Ep. 243 - Precedential Decisions from 12/16/2024 - 12/22/2024 (EB-2 visa; I-140 revocation; temporary Appellate IJ; Attorney General and INA § 103(g); BIA asylum affirmance; in absentia motion to reopen; hardship, voluntary departure &continuance review)
39:37
Ep. 242 - Precedential Decisions from 12/9/2024 - 12/15/2024 (crime of violence; H-1B & marijuana industry; revocation of I-130 petition; circumstance specific approach; aggravated felony rape; adverse credibility; family based particular social group)
49:05
Ep. 241 - Precedential Decisions from 12/2/2024 - 12/8/2024 (Senator Markey Immigrants' List event!; mental health; extraordinary circumstances exception to one-year asylum deadline; changed circumstances; aggregating all sources of torture; gangs)
17:45
Ep. 240 - Precedential Decisions from 11/25/2024 - 12/1/2024 (thank you Patrons!; CAT deferral; political power in Guinea; exhaustion of particularly serious crime argument before the BIA; MD. Crim. Code § 8-301(c)(2)(i) identity fraud)
15:16
Ep. 239 - Precedential Decisions from 11/18/2024 - 11/24/2024 (BIA notice of appeal deadlines; equitable tolling; diligence; timely objection to deficient NTA; retroactivity; federal definition of marijuana; hemp; realistic probability test)
29:32
Ep. 238 - Precedential Decisions from 11/11/2024 - 11/17/2024 (nexus to political opinion; church leaders; small business owners; death threats, extortion & past persecution; reasonable relocation; gang violence; unable or unwilling to protect)
40:13