Ep. 324 - Precedential Decisions: 7/6/2026 - 07/12/2026 (El Salvador’s State of Exception; forced military conscription; particularly serious crime; Y-L-; embezzlement & fraud; immutability & Serbian soccer players; WH-only review; ineffective assistance)

Immigration Review

Immigration Review
Ep. 324 - Precedential Decisions: 7/6/2026 - 07/12/2026 (El Salvador’s State of Exception; forced military conscription; particularly serious crime; Y-L-; embezzlement & fraud; immutability & Serbian soccer players; WH-only review; ineffective assistance)
Jul 14, 2026
Kevin A. Gregg, Esq.

Aguilar-Villalobos v. Blanche, No. 23-6899 (2d Cir. July 8, 2026)

  • adverse credibility; inconsistency; El Salvador’s State of Exception; intentionally horrendous prison conditions; prison as torture; CAT

 


Matter of R-A-N-, 29 I&N Dec. 739 (BIA 2026)

  • forced military conscription; atrocities; well-founded fear of persecution; nexus; Russia

 


Lopez-Lopez v. Blanche, No. 25-1924 (8th Cir. July 7, 2026)

  • issue exhaustion 

 


Guevara Martinez v. Blanche, No. 25-1429 (4th Cir. July 8, 2026)

  • elements based approach to particularly serious crime analysis; Virginia assault and battery against a family member; credibility; CAT; El Salvador

 


Ramos v. Blanche, No. 25-2037 (4th Cir. July 9, 2026)

  • embezzlement; Va. Code Ann. § 18.2-111; fraud or deceit definitions; INA § 101(a)(43)(M)(i); concealment; categorical approach; I-130 continuance  

 


Andric v. Blanche, No. 25-1448 (7th Cir. July 1, 2026)

  • Serbian soccer players; particular social group waiver; employment immutability; nexus; IJ including boilerplate legal addendum

 


E.E.V., et al. v. Blanche, No. 25-2256 (7th Cir. July 6, 2026)

  • jurisdiction; claims processing; 30 day deadline; final order of removal; Riley; reinstatement; FARO; equitable tolling and reliance on old precedent; timeliness; substantive PFR challenge not required; venue

 

 

Sarr v. Blanche, No. 24-5264 (9th Cir. July 7, 2026)

  • particularly serious crime; drug trafficking crime; Y-L- presumption; Loper Bright; star decisis

 


Menjivar-Ayala, et al. v. Blanche, No. 24-4562 (9th Cir. July 9, 2026)

  • ineffective assistance of counsel before the circuit court; failure to file brief; motion for BIA to reissue decision; BIA failure to give reasoned consideration; presumption of prejudice ; courtesy copy on noncitizen; reliance on immigration attorney



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. 324 - Precedential Decisions: 7/6/2026 - 07/12/2026 (El Salvador’s State of Exception; forced military conscription; particularly serious crime; Y-L-; embezzlement & fraud; immutability & Serbian soccer players; WH-only review; ineffective assistance) 59:36 Episode Artwork Ep. 323 - Precedential Decisions: 6/29/2026 - 07/5/2026 (birthright citizenship; bond for EWIs - due process & statutory; credibility; bond venue; withholding-only review & FARO PFR; child endangerment; strict Lozada compliance; reopening) 1:09:36 Episode Artwork Ep. 322 - Precedential Decisions: 6/22/2026 - 06/28/2026 (returning LPR; TPS; no more equal protection; metering; motion to reopen untimely appeal; PFR & FARO; discretionary asylum; ACA termination; hardship & discretion; M-A-M- safeguards; PSC) 1:15:35 Episode Artwork Ep. 321 - Precedential Decisions: 6/15/2026 - 06/21/2026 (30-day deadline to appeal to the BIA; equitable tolling; particularly social group articulation; ACA agreements; safe third country; forced abortion; corroboration; incorrect document translation) 32:46 Episode Artwork Ep. 320 - Precedential Decisions: 6/8/2026 - 06/14/2026 (petition for review withholding of removal; Matter of Y-L-; BIA stays; sua sponge reopening; reweighing evidence; crime of violence; recklessness; violation of a protective order) 46:56 Episode Artwork Ep. 319 - Precedential Decisions: 6/1/2026 - 06/7/2026 (PSG - must consider all claims, family, nationwide social distinction; crime of child abuse; mandatory detention; discretion & crimes; particularly serious crime; AI sanctions; equitable tolling) 1:03:13 Episode Artwork Special Episode Interview with San Diego Immigration Attorney Andrew Nietor, candidate for AILA National Secretary 1:06:48 Episode Artwork Ep. 318 - Precedential Decisions: 5/25/2026 - 05/31/2026 (adjustment & missed BIA briefing; past persecution; untimely DHS appeal; lack of candor about criminal history; 204(c) & I-130 revocation; danger; crime of violence; hardship; corroboration) 58:40 Episode Artwork Ep. 317 - Precedential Decisions: 5/18/2026 - 05/24/2026 (right to counsel; motion to change venue; DESPERATE NEED for neutral arbiter; Mexican mental health claims; nexus & fear of family; crime of violence; carjacking) 36:06 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