March 14, 2022

Ep. 98 - Precedential Decisions from 3/7/2022 - 3/13/2022 (untimely BIA briefs; frivolous asylum finding; crime of domestic violence; aggravated felony - rape, money laundering; divisibility; I-130 petition & INA § 204(c))

Listen Later

39 minutes

Into + Wooden v. U.S., No. 20-5279 (U.S. Mar. 7, 2022)

Armed Career Criminal Act (ACCA); different occasions; single scheme of criminal misconduct; INA § 237(a)(2)(A)(ii); CIMT

Oluwajana v. Garland, No. 21-1804 (7th Cir. Mar. 9, 2022)

due process; motion to extend briefing deadline; motion to accept untimely brief; abuse of discretion; general remand by OIL; EOIR FOIA

Matter of M-M-A-, 28 I&N Dec. 494 (BIA 2022)

frivolous asylum finding; sufficiency of IJ factual findings; regulations as a whole; regulatory interpretation; discretion

Valdez Amador v. Garland, No. 13-71406 (9th Cir. Mar. 9, 2022)

INA § 237(a)(2)(E)(i) crime of domestic violence; corporal injury on a spouse or cohabitant; Cal. Pen. Code § 273.5(a); rape of an unconscious person; Cal. Pen. Code § 261(a)(4); divisibility; Mathis; INA § 101(a)(43)(A)

Fakhuri v. Garland, No. 19-60275 (5th Cir. Mar. 11, 2022)

categorical approach; divisibility; elements; different criminal punishments; aggravated felony; attempt; money laundering; INA § 101(a)(43)(U); § 101(a)(43)(D); Tenn. Code § 39-14-101; Tenn. Code § 39-14-903

Iyawe v. Garland, et al., No. 20-3088 (8th Cir. Mar. 11, 2022)

I-130 petition; INA § 204(c); APA; arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; deference to prior USCIS decision

*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"

Want to become a patron?

Click here to check out our Patreon Page!

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

Learn about your host!
More episodes!
Case notes!
Top 15 immigration podcast in the U.S.!
As referenced in findcourses.com and findcourses.co.uk!

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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Immigration Review

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

4.9

145145 ratings

March 14, 2022

Ep. 98 - Precedential Decisions from 3/7/2022 - 3/13/2022 (untimely BIA briefs; frivolous asylum finding; crime of domestic violence; aggravated felony - rape, money laundering; divisibility; I-130 petition & INA § 204(c))

Listen Later

39 minutes

Into + Wooden v. U.S., No. 20-5279 (U.S. Mar. 7, 2022)

Armed Career Criminal Act (ACCA); different occasions; single scheme of criminal misconduct; INA § 237(a)(2)(A)(ii); CIMT

Oluwajana v. Garland, No. 21-1804 (7th Cir. Mar. 9, 2022)

due process; motion to extend briefing deadline; motion to accept untimely brief; abuse of discretion; general remand by OIL; EOIR FOIA

Matter of M-M-A-, 28 I&N Dec. 494 (BIA 2022)

frivolous asylum finding; sufficiency of IJ factual findings; regulations as a whole; regulatory interpretation; discretion

Valdez Amador v. Garland, No. 13-71406 (9th Cir. Mar. 9, 2022)

INA § 237(a)(2)(E)(i) crime of domestic violence; corporal injury on a spouse or cohabitant; Cal. Pen. Code § 273.5(a); rape of an unconscious person; Cal. Pen. Code § 261(a)(4); divisibility; Mathis; INA § 101(a)(43)(A)

Fakhuri v. Garland, No. 19-60275 (5th Cir. Mar. 11, 2022)

categorical approach; divisibility; elements; different criminal punishments; aggravated felony; attempt; money laundering; INA § 101(a)(43)(U); § 101(a)(43)(D); Tenn. Code § 39-14-101; Tenn. Code § 39-14-903

Iyawe v. Garland, et al., No. 20-3088 (8th Cir. Mar. 11, 2022)

I-130 petition; INA § 204(c); APA; arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; deference to prior USCIS decision

*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"

Want to become a patron?

Click here to check out our Patreon Page!

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

Learn about your host!
More episodes!
Case notes!
Top 15 immigration podcast in the U.S.!
As referenced in findcourses.com and findcourses.co.uk!

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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