January 20, 2025

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)

Listen Later

50 minutes

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

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.

Cerenade
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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

About your host
Case notes
Recent criminal-immigration article (p.18)
Featured in San Diego Voyager
All praise to the pod's wonderful editors!
- Luana Lima Serra

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

January 20, 2025

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)

Listen Later

50 minutes

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

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.

Cerenade
"Leader in providing smart, secure, and intuitive cloud-based solutions"

Click me!

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

About your host
Case notes
Recent criminal-immigration article (p.18)
Featured in San Diego Voyager
All praise to the pod's wonderful editors!
- Luana Lima Serra

DISCLAIMER & CREDITS
See Eps. 1-200

Support the show

...more

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