Meza Diaz, et al. v. Garland, No. 23-973 (9th Cir. Oct. 8, 2024)

• family-based past persecution claim; harm to family members as persecution; nexus for kidnapping; unable or unwilling to control only in home city; police statement that they cannot protect; cartel; Mexico

Alvarado-Reyes v. Garland, No. 23-1726 (1st Cir. Oct. 7, 2024)

• nexus; family; Salvadoran men; resistance to gang recruitment; BIA reasoned consideration; due process and indiscernible transcripts; El Salvador

Next Lawyer Up Podcast

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Nguyen v. Jaddou, No. 23-20597 (5th Cir. Oct. 3, 2024)

• EB-3 visa; revoked I-140 petition; portability; successor-in-interest; jurisdiction

Singh v. Garland, No. 23-95 (9th Cir. Oct. 4, 2024)

• credibility; Matter of R-K-K-; similar affidavits; DHS charts; relocation; speculation; absence from Department of State report; Mann Party; Sikh; India

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Tereshchenko v. Karimi, No. 24-172 (2d Cir. May 16, 2024)

• Hague Convention on the Civil Aspects of International Child Abduction; wrongful removal; Interpol Yellow Notice; waiving affirmative defense; Ukraine

United States v. Verdugo, 682 F. Supp. 3d 869 (S.D. Cal. 2023)

• generic federal definition of methamphetamine; analogs vs. isomers; Cal. Health and Safety Code §§ 11379(a) and 11378; United States v. Rodriguez Gamboa

Sridej v. Blinken, et al., No. 23-16021 (9th Cir. July 23, 2024)

• extradition; habeas; State Department official; the rule of non-inquiry; CAT; Thailand

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Matter of Thakker, 28 I&N Dec. 843 (BIA 2024)

• Matter of Jurado; temporary taking; Diaz Lizarraga; retail theft; 18 Penn. Con. Stat § 3929(a)(l) 

Mazariegos-Rodas v. Garland, No. 21-4064 (6th Cir. Sept. 20, 2024)

• family nexus; due process, bias, and exhaustion; ignoring fact affidavits; substantial; gang need not explain reason for targeting; mixed motive; Matter of M-R-M-S-; animus not required; generous BIA standard for mixed-motive cases; Brand-X

Badose v. Garland, No. 23-1156 (1st Cir. Sept. 20, 2024)

• DHS failure to oppose motion to remand for adjustment of status; settled course of adjudication; arbitrary and capricious departure; adverse credibility; improper BIA factfinding on motion to remand

Banyee v. Garland, No. 22-2252 (8th Cir. Sept. 17, 2024)

• mandatory detention; INA § 236(c); prolonged detention; bond hearing; Demore

Lopez Orellana v. Garland, No. 23-60248 (5th Cir. Sept. 18, 2024)

• service of FARO; DHS violations of NOI and FARO procedures; INA § 101(a)(43)(S) obstruction of justice; specific intent; general intent; prejudice; facilitating return of removed noncitizen

Singh v. Garland, No. 20-70050 (9th Cir. Sept. 17, 2024)

• in absentia motion to reopen based on exceptional circumstances; unconscionable result of removal; totality of the circumstances; accepting affidavits; erroneous reliance on attorney; Lozada inapplicable

National immigration Project of the National Lawyers Guild Supreme Court resource

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Castellanos-Ventura v. Garland, No. 21-6293 (2d Cir. Sept. 13, 2024)

• Honduran women; harm by family as a child; failure to report as a child; unable or unwilling to protect; erroneous reliance on State Department report; failure to consider conflicting evidence

Patel v. Garland, No. 23-3461 (6th Cir. Sept. 10, 2024)

• I-601; adjustment of status; Patel; jurisdiction; judicial bias; manner of entry; erroneous factual finding and legal error

Lopez v. Garland, No. 23-870 (9th Cir. Sept. 11, 2024)

• Reno Municipal Code § 8.10.040 petty theft; INA § 237(a)(2)(A)(ii); Diaz-Lizaragga and CIMT definition; Skidmore deference; availability of pardon; single scheme of criminal conduct; persecution suffered in utero as a fetus

Click me to learn more about Family Action Network Movement (FANM)




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Matter of R-T-P-, 28 I&N Dec. 828 (BIA 2024)

• deficient NTA; claims processing rule; termination; IJ amending NTA

United States v. Perez Garcia, No. 23-435 (9th Cir. Sept. 4, 2024)

• crime of violence; recklessness; Borden; Cal. Pen. Code § 245(a)(1) assault with a deadly weapon other than a firearm; intent, knowing; mens rea

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Mouns v. Garland, No. 22-1368 (4th Cir. Aug. 28, 2024)

• changed country condition motion to reopen; L-O-G-; prima facie standard; Coelho; reasonable likelihood; Yemen

Matter of D. Rodriguez, 28 I&N Dec. 815 (BIA 2024)

• attempt; crimes of child abuse, neglect, or abandonment; context; statutory interpretation; Congressional silence; Texas attempt; Tx Pen. Code §§ 15.01(a) and 22.04(a)(1); consideration of police reports in discretionary analysis

Momin v. Jaddou, No. 23-20327 (5th Cir. Aug. 28, 2024)

• Patel; incorrect birthdates; adjustment of status; I-601 waiver; INA § 242(a)(2)(B)(i)

Silva Pazine v. Garland, No. 23-1894 (1st Cir. Aug. 27, 2024)

• nexus; harm in the U.S.; domestic violence; Brazilian Women particular social group; mixed motive; misogyny in Brazil

Dominguez Ojeda v. Garland, No. 23-835 (9th. Cir. Aug. 29, 2024)

• discretion to consider new evidence during reasonable fear interview review

Meza-Carmona v. Garland, No. 20-73293 (9th Cir. Aug. 26, 2024)

• physically present; continuous period; U.S. citizenship law in 1968; permissible inference 

Zia v. Garland, No. 21-1325 (9th Cir. Aug. 26, 2024)

• I-751 waiver review; INA §§ 242(a)(2)(B)(i), (ii); adverse credibility; Patel; Wilkinson; jurisdiction 

Lall v. USCIS, No. 20-2051 (3rd Cir. Aug. 27, 2024)

• U.S. citizenship revocation; derivative citizenship through adoptive parents; equitable estoppel

KKTP's medical malpractice article in the Florida Bar Journal!

• Neither Goose Nor Gander: Why Tort Reform Fails

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• Case notes
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DISCLAIMER & CREDITS
See Eps. 1-200

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Aben v. Garland, No. 20-60937 (5th Cir. Aug. 20, 2024)

• Asylum; withholding of removal; CAT; imputed political opinion; substantial evidence; past persecution; nexus; corroborating evidence; Anglophone; Cameroon

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DISCLAIMER & CREDITS
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Bent v. Garland, No. 22-1910 (9th Cir. Aug. 15, 2024)

• Cal. Pen. Code § 1473.7(a)(1); equitably tolling for motion to reopen where criminal conviction vacated; due diligence; extraordinary circumstance 

United States v. Manzano, No. 23-6073 (10th Cir. Aug. 13, 2024)

• generic definition of murder; Oklahoma second degree murder in violation of Okla. Stat. tit. 21, § 701.8; killing in commission of a non-dangerous felony

Bernardo-De La Cruz v. Garland, No. 21-1621 (7th Cir. Aug. 15, 2024)

• voluntary departure; 8 C.F.R. § 1240.26(i); temporary BIA member; Appointment’s Clause; not considering relocation hardship when children will remain for non-LPR cancellation; legal error and “completely ignored” evidence

Penafiel-Peralta v. Garland, No. 23-1959 (1st Cir. Aug. 12, 2024)

• mixed motive; nexus; land dispute; family membership; Ecuador 

Lemus-Aguilar v. Garland, No. 23-1799 (1st Cir. Aug. 12, 2024)

• nexus; single, Salvadoran mothers with no familial protection; criminal gang activity; El Salvador

Charles v. Garland, No. 23-1857 (1st Cir. Aug. 15, 2024)

• review of the BIA’s denial of sua sponte reopening; failure to consider medical evidence; unpublished BIA decisions

Rosa v. Garland, No. 22-1523 (1st Cir. Aug. 16, 2024)

• adjustment of status; uncorroborated police reports; failure to follow BIA precedent; uncorroborated police reports to deny discretionary relief; Matter of Arreguin; Matter of Thomas; Fifth Amendment right not to testify when criminal charges pending

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.

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• About your host
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• Recent criminal-immigration article (p.18)
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DISCLAIMER & CREDITS
See Eps. 1-200

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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 

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Featured in San Diego Voyager

DISCLAIMER & CREDITS
See Eps. 1-200

Support the show