Ep. 316 - Precedential Decisions: 5/11/2026 - 05/17/2026 (no mandatory detention of EWIs; seeking admission; cannot against surplusage; due process rights of noncitizens; past persecution; reasonable relocation in India; Sikh; Urias Orellana)

Immigration Review

Immigration Review
Ep. 316 - Precedential Decisions: 5/11/2026 - 05/17/2026 (no mandatory detention of EWIs; seeking admission; cannot against surplusage; due process rights of noncitizens; past persecution; reasonable relocation in India; Sikh; Urias Orellana)
May 19, 2026

Lopez-Campos, et al. v. Raycraft, et al., No. 25-1965 (6th Cir. May 11, 2026)

  • no mandatory detention of EWIs; Hurtado; seeking admission; INA § 235(a)(2)(B); Laken Riley Act; applicant for admission entry; canon of constitutional avoidance; plain text; statutory interpretation; longstanding agency interpretation; legislative history; use of the word “otherwise”; cannot against surplusage; due process rights of noncitizens

 


B. Singh v. Blanche, No. 24-815 (9th Cir. May 15, 2026)

  • past persecution; beatings; threats; reasonable relocation in India; Law Library of Congress report; Mann Party; Sikh; Urias Orellana; substantial evidence



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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Episode Artwork Ep. 316 - Precedential Decisions: 5/11/2026 - 05/17/2026 (no mandatory detention of EWIs; seeking admission; cannot against surplusage; due process rights of noncitizens; past persecution; reasonable relocation in India; Sikh; Urias Orellana) 25:50 Episode Artwork Ep. 315 - Precedential Decisions: 5/4/2026 - 05/10/2026 (IJ duty to develop record; Mexico - CAT & informants, dv asylum, "arrival" & serious nonpolitical crime; time barred MTR & asylum; bond for EWIs; denatz & NTA advisals; consular nonreviewability) 1:09:07 Episode Artwork Ep. 314 - Precedential Decisions: 4/27/2026 - 05/3/2026 (no mandatory detention for EWIs; bond & FBI; in absentia - children & exceptional circumstances; tolling; credibility; 204(c); foreign convictions) 1:17:55 Episode Artwork Ep. 313 - Precedential Decisions: 4/20/2026 - 04/26/2026 (anti-gang political opinion; opposition to gang recruitment; de fact government; credibility; DHS failure to appear; DACA & termination; good moral character; Matter of K) 46:54 Episode Artwork Ep. 312 - Precedential Decisions: 4/13/2026 - 04/19/2026 (clear error review; no closing argument; alleged national security threat; Secretary of State letter; alleged fraud; conviction & community service; hardship & Roma; aggravated felony rape) 50:04 Episode Artwork Ep. 311 - Precedential Decisions: 4/6/2026 - 04/12/2026 (FARO; Riley; ICE emails; termination; in absentia; ICE non-appearance in court; particular social group exhaustion; nexus; pro se exhaustion; mootness; deficient Form I-693) 33:02 Episode Artwork Ep. 310 - Precedential Decisions: 3/30/2026 - 04/5/2026 (I-864 lawsuit; equitable tolling & stateless people; reinstatement; drug trafficking; medical and psychological hardship; VAWA cancellation; notice of appeal specificity; I-601A; fake cases) 54:29 Episode Artwork Special Episode Interview with Homero López - former Appellate Immigration Judge, and current ISLA Legal Director 1:18:09 Episode Artwork Ep. 309 - Precedential Decisions: 3/23/2026 - 03/29/2026 (mandatory detention for EWIs; reliability of I-213s; termination; IJ can't assert deficient NTA; CIMT & one year or longer sentence; attempted use of physical force; reasonable fear jurisdiction) 47:30 Episode Artwork Ep. 308 - Precedential Decisions from 3/16/2026 - 3/22/2026 (Padilla ineffective assistance & near-certain removal; qualifying relative age out; hardship; non-attorney ineffective assistance; sua sponte reopening jx; receipt of stolen property agg fel) 39:19 Episode Artwork Ep. 307 - Precedential Decisions from 3/9/2026 - 3/15/2026 (material support of terrorism waiver; fraud and application withdrawal; continuance & SIJ; admin closure & I-601A; flight risk & bond; past persecution; hardship; CSPA; age-out; F2A to F1) 1:00:03 Episode Artwork Ep. 306 - Precedential Decisions from 3/2/2026 - 3/8/2026 (substantial evidence; past persecution; § 242(a)(2)(B)(ii) & pure question of law; expert reliability; fundamental change & asylum; fraud particularly serious crime; U-visa waiver jurisdiction) 45:28 Episode Artwork Ep. 305 - Precedential Decisions from 2/23/2026 - 3/1/2026 (Florida attempted robbery; crime of violence; admission & 237(a)(1)(H) waiver; cruel legal interpretations; administrative closure & delay; past persecution; acquiescence; Mexican mental health) 53:35 Episode Artwork Ep. 304 - Precedential Decisions from 2/16/2026 - 2/22/2026 (aggravated felony rape; remand for biometrics; failure to report harm; conversion from Islam to Russian Orthodox; in absentia MTR; IAC; exhaustion; asylum despite adverse credibility) 41:34 Episode Artwork Ep. 303 - Precedential Decisions from 2/9/2026 - 2/15/2026 (former derivative citizenship; paternity through legitimation; Riley & PFR; marriage fraud; revoking I-130; mandatory detention for all EWIs; redundant & superfluous statutory interpretation) 42:07 Episode Artwork Special Episode Interview with Irina Restova - Founder of EB-5 Support, attorney, and FINRA-regulated investment broker (the EB-5 Interview!) 1:07:44 Episode Artwork Ep. 302 - Precedential Decisions from 2/2/2026 - 2/8/2026 (TPS for Haiti; reliability and persuasiveness of expert testimony; sua sponte reopening based on marriage; EAJA & habeas; traffic & in absentia reopening; change in law, reopening & diligence) 43:55 Episode Artwork Ep. 301 - Precedential Decisions from 1/26/2026 - 2/1/2026 (particularly serious crime; N-A-M-; no misdemeanor presumption; discretion; in absentia; imputed gang & pro se asylum; robbery & attempted theft aggravated felony) 36:47 Episode Artwork Ep. 300!!! - Precedential Decisions from 1/19/2026 - 1/25/2026 (unable or unwilling to protect & dv-type asylum; no police reporting requirement; frivolous asylum filing warning; crime of violence; unborn person; CIMT & lewd conduct) 36:38 Episode Artwork Ep. 299 - Precedential Decisions from 1/12/2026 - 1/18/2026 (California assault & crime of violence; serious non political crime & duress; deficient NTA; 237(a)(1)(H) waivers & fraud; termination of refugee status; Salvadoran prisons & CAT) 49:39 Episode Artwork Ep. 297 & 298 - Precedential Decisions from 12/29/2025 - 1/11/2026 (cocaine isomers; realistic probability; jurisdiction & AOS; domestic violence-type asylum; IAC; Loper Bright & Lozada; material misrepresentation; naturalization; death threats) 48:09 Episode Artwork Ep. 296 - Precedential Decisions from 12/22/2025 - 12/28/2025 (bond; material support; asylum; PSG; family-based; business ownership; authentication of records; crime of child abuse; jurisdiction; extraordinary circumstances; mixed questions) 40:24 Episode Artwork Ep. 295 - Precedential Decisions from 12/15/2025 - 12/21/2025 (DHS burden to prove alienage; CAT; discretion; criminal history; bond; well-founded fear; GMC; due process; firm resettlement) 53:33 Episode Artwork Special Episode - Interview with former USCIS, DHS, and Department of State Attorney Extraordinaire, Nicholas Perry 1:09:08 Episode Artwork Ep. 294 - Precedential Decisions from 12/8/2025 - 12/14/2025 (untimely asylum filing; rehab & discretion; CAT - particularly serious crime, mental health, Haitian prisons, drug cartels & snitches; bond & dangerousness) 34:56