February 05, 2024

Ep. 197 - Precedential Decisions from 1/29/2024 - 2/4/2024 (deficient NTA; Form I-261; persecution because of debts; motion to reopen & mental health; mixed adverse credibility finding; clearly and beyond doubt admissible & false claim to citizenship)

Listen Later

47 minutes

Matter of Aguilar Hernandez, 28 I&N Dec. 774 (BIA 2024)

deficient NTA; Form I-261; interlocutory appeal; termination; regulatory interpretation; factual and legal allegations in an NTA; Niz-Chavez dicta

Gaspar-Felipe v. Garland, No. 22-3372 (8th Cir. Jan. 30, 2024)

indigenous asylum claim; persecution because of debts; family remaining in country of fear; Guatemala

Davis v. Garland, No. 22-3262 (8th Cir. Feb. 1, 2024)

motion to reopen; asylum waiver; mental health; mental competency; new and previously unavailable evidence

Lopez-Benitez v. Garland, No. 22-1808 (4th Cir. Jan. 30, 2024)

nexus; incidental or tangential; MS-13 extortion as persecution; exhaustion post-Santos-Zacaria; El Salvador

Ayala-Osegueda v. Garland, No. 22-1707 (4th Cir. Feb. 1, 2024)

mixed adverse credibility finding; express credibility; family based particular social group; nexus; persuasiveness; asylum despite adverse credibility; extortion; MS-13; El Salvador

Nivar Santana v. Garland, No. 22-2114 (4th Cir. Feb. 2, 2024)

clearly and beyond doubt admissible; adjustment of status; false claim to citizenship; definition of “assimilation”; military service; evidentiary admission and fundamental fairness

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"

Stafi
"Remote staffing solutions for businesses of all sizes"

Promo Code: stafi2024
Get Started! Promo Code: FREE

Want to become a patron?

Click here to check out our Patreon Page!

CONTACT INFORMATION
Email: [email protected]
Facebook: @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview

About your host
Case notes
Recent criminal-immigration article (p.18)
Featured in San Diego Voyager

DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide legal advice. Rather, it offers general information and insights from publicly available immigration cases. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the host. The podcast should not be used as a substitute for competent legal advice from a licensed attorney in your state.

MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0

Support the show

...more

View all episodes

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Immigration Review

By Kevin A. Gregg, Esq. ([email protected])

4.9

149149 ratings

February 05, 2024

Ep. 197 - Precedential Decisions from 1/29/2024 - 2/4/2024 (deficient NTA; Form I-261; persecution because of debts; motion to reopen & mental health; mixed adverse credibility finding; clearly and beyond doubt admissible & false claim to citizenship)

Listen Later

47 minutes

Matter of Aguilar Hernandez, 28 I&N Dec. 774 (BIA 2024)

deficient NTA; Form I-261; interlocutory appeal; termination; regulatory interpretation; factual and legal allegations in an NTA; Niz-Chavez dicta

Gaspar-Felipe v. Garland, No. 22-3372 (8th Cir. Jan. 30, 2024)

indigenous asylum claim; persecution because of debts; family remaining in country of fear; Guatemala

Davis v. Garland, No. 22-3262 (8th Cir. Feb. 1, 2024)

motion to reopen; asylum waiver; mental health; mental competency; new and previously unavailable evidence

Lopez-Benitez v. Garland, No. 22-1808 (4th Cir. Jan. 30, 2024)

nexus; incidental or tangential; MS-13 extortion as persecution; exhaustion post-Santos-Zacaria; El Salvador

Ayala-Osegueda v. Garland, No. 22-1707 (4th Cir. Feb. 1, 2024)

mixed adverse credibility finding; express credibility; family based particular social group; nexus; persuasiveness; asylum despite adverse credibility; extortion; MS-13; El Salvador

Nivar Santana v. Garland, No. 22-2114 (4th Cir. Feb. 2, 2024)

clearly and beyond doubt admissible; adjustment of status; false claim to citizenship; definition of “assimilation”; military service; evidentiary admission and fundamental fairness

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"

Stafi
"Remote staffing solutions for businesses of all sizes"

Promo Code: stafi2024
Get Started! Promo Code: FREE

Want to become a patron?

Click here to check out our Patreon Page!

CONTACT INFORMATION
Email: [email protected]
Facebook: @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview

About your host
Case notes
Recent criminal-immigration article (p.18)
Featured in San Diego Voyager

DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide legal advice. Rather, it offers general information and insights from publicly available immigration cases. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the host. The podcast should not be used as a substitute for competent legal advice from a licensed attorney in your state.

MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0

Support the show

...more

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