August 12, 2024

Ep. 224 - Precedential Decisions from 8/5/2024 - 8/11/2024 (denaturalization & estoppel; mental health & asylum; hardship review; attorney unpreparedness & continuances; particularly serious crimes; domestic violence & asylum; credibility)

Listen Later

1 hour 5 minutes

Intro + Nakka, et al. v. USCIS (CA9) and United States v. Valdivias-Soto (CA9)

Indian derivative visas and CSPA; translation errors in removal proceedings and right to counsel

United States v. Munoz, No. 22-11574 (11th Cir. Aug. 7, 2024)

denaturalization; clearly erroneous; collateral estoppel; judicial estoppel; date of conspiracy and other criminal indictments; necessary for conviction

Joshi v. Garland, No. 23-1236 (4th Cir. Aug. 8, 2024)

involuntary mental health confinement as persecution; prosecution as persecution; parens patriae; electroconvulsive therapy

Garcia Cortes v. Garland, No. 22-1930 (4th Cir. Aug. 7, 2024)

exceptional and extremely unusual hardship; Wilkinson; review of whether IJ considered all evidence; rejecting expert therapist opinion and predictive findings

Bustos-Millan v. Garland, No. 21-2889 (7th Cir. Aug. 6, 2024)

attorney unpreparedness; ineffective assistance of counsel; continuance; due process

Lafortune v. Garland, No. 23-1617 (1st Cir. Aug. 5, 2024)

particularly serious crime; N-A-M- two-step analysis; elements based approach not required; conspiracy to commit bank fraud in violation of 18 U.S.C. § 1349; CAT claims and Haiti

Gonzalez-Arevalo v. Garland, No. 23-1341 (1st Cir. Aug. 7, 2024)

nexus; gang retribution against family; relying on speculative noncitizen testimony; mixed motive; Guatemala

De Oliveira Rodrigues v. Garland, No. 23-2081 (1st Cir. Aug. 8, 2024)

adverse credibility; omissions from credible fear interview; omissions from written affidavit; failure to corroborate; inconsistencies

Tista-Ruiz de Ajualip v. Garland, No. 23-3274 (6th Cir. Aug. 9, 2024)

IJ and BIA independent duty to review the record for viable PSG and anti-circularity; Matter of A-B-; domestic violence; Matter of W-Y-C-& H-O-B-; unable or unwilling; Guatemala

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

Immigration Lawyer's Toolbox

https://immigrationlawyerstoolbox.com/immigration-review

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Click here to check out our Patreon Page!

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

Featured in San Diego Voyager

DISCLAIMER & CREDITS
See Eps. 1-200

Support the show

...more

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Immigration Review

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

4.9

143143 ratings

August 12, 2024

Ep. 224 - Precedential Decisions from 8/5/2024 - 8/11/2024 (denaturalization & estoppel; mental health & asylum; hardship review; attorney unpreparedness & continuances; particularly serious crimes; domestic violence & asylum; credibility)

Listen Later

1 hour 5 minutes

Intro + Nakka, et al. v. USCIS (CA9) and United States v. Valdivias-Soto (CA9)

Indian derivative visas and CSPA; translation errors in removal proceedings and right to counsel

United States v. Munoz, No. 22-11574 (11th Cir. Aug. 7, 2024)

denaturalization; clearly erroneous; collateral estoppel; judicial estoppel; date of conspiracy and other criminal indictments; necessary for conviction

Joshi v. Garland, No. 23-1236 (4th Cir. Aug. 8, 2024)

involuntary mental health confinement as persecution; prosecution as persecution; parens patriae; electroconvulsive therapy

Garcia Cortes v. Garland, No. 22-1930 (4th Cir. Aug. 7, 2024)

exceptional and extremely unusual hardship; Wilkinson; review of whether IJ considered all evidence; rejecting expert therapist opinion and predictive findings

Bustos-Millan v. Garland, No. 21-2889 (7th Cir. Aug. 6, 2024)

attorney unpreparedness; ineffective assistance of counsel; continuance; due process

Lafortune v. Garland, No. 23-1617 (1st Cir. Aug. 5, 2024)

particularly serious crime; N-A-M- two-step analysis; elements based approach not required; conspiracy to commit bank fraud in violation of 18 U.S.C. § 1349; CAT claims and Haiti

Gonzalez-Arevalo v. Garland, No. 23-1341 (1st Cir. Aug. 7, 2024)

nexus; gang retribution against family; relying on speculative noncitizen testimony; mixed motive; Guatemala

De Oliveira Rodrigues v. Garland, No. 23-2081 (1st Cir. Aug. 8, 2024)

adverse credibility; omissions from credible fear interview; omissions from written affidavit; failure to corroborate; inconsistencies

Tista-Ruiz de Ajualip v. Garland, No. 23-3274 (6th Cir. Aug. 9, 2024)

IJ and BIA independent duty to review the record for viable PSG and anti-circularity; Matter of A-B-; domestic violence; Matter of W-Y-C-& H-O-B-; unable or unwilling; Guatemala

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

Immigration Lawyer's Toolbox

https://immigrationlawyerstoolbox.com/immigration-review

Want to become a patron?

Click here to check out our Patreon Page!

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

Featured in San Diego Voyager

DISCLAIMER & CREDITS
See Eps. 1-200

Support the show

...more

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