Ep. 235 - Precedential Decisions from 10/21/2024 - 10/27/2024 (past persecution; death threats; nexus; family membership; metering; injunction; credibility; hardship review; Haitian mental health claims)
10/28/24 • 35 min
Corpeno-Romero, et al. v. Garland, No. 23-576 (9th Cir. Oct. 23, 2024)
- past persecution; death threats; nexus; family membership; no requirement to wait to be killed; emotional trauma; lessened-harm standard for children; mixed motive and family based asylum; M-18 gang; El Salvador
Al Otro Lado, et al. v. EOIR, et al., No. 22-55988 (9th Cir. Oct. 23, 2024)
- metering; Asylum Transit Rule; nationwide injunction; APA
Garcia Oliva v. Garland, No. 23-1841 (1st Cir. Oct. 21, 2024)
- adverse credibility; omissions; discrepancy; heart of the claim; candor; former bodyguards; Guatemala
Galvez-Bravo v. Garland, No. 24-0239 (6th Cir. Oct. 23, 2024)
- exceptional and extremely unusual hardship; mixed question of law and fact; motion to reopen; dyslexia; unexplained departure by the BIA
Francois v. Garland, No. 20-61134 (5th Cir. Oct. 24, 2024)
- standard of review; mental health facilities in Haiti; clear error; BIA shirking duties; sua sponte remand for further factual findings
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DISCLAIMER & CREDITS
See Eps. 1-200
Corpeno-Romero, et al. v. Garland, No. 23-576 (9th Cir. Oct. 23, 2024)
- past persecution; death threats; nexus; family membership; no requirement to wait to be killed; emotional trauma; lessened-harm standard for children; mixed motive and family based asylum; M-18 gang; El Salvador
Al Otro Lado, et al. v. EOIR, et al., No. 22-55988 (9th Cir. Oct. 23, 2024)
- metering; Asylum Transit Rule; nationwide injunction; APA
Garcia Oliva v. Garland, No. 23-1841 (1st Cir. Oct. 21, 2024)
- adverse credibility; omissions; discrepancy; heart of the claim; candor; former bodyguards; Guatemala
Galvez-Bravo v. Garland, No. 24-0239 (6th Cir. Oct. 23, 2024)
- exceptional and extremely unusual hardship; mixed question of law and fact; motion to reopen; dyslexia; unexplained departure by the BIA
Francois v. Garland, No. 20-61134 (5th Cir. Oct. 24, 2024)
- standard of review; mental health facilities in Haiti; clear error; BIA shirking duties; sua sponte remand for further factual findings
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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"
Cerenade"Leader in providing smart, secure, and intuitive cloud-based solutions"
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CONTACT INFORMATION
Email: [email protected]
Facebook: @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
DISCLAIMER & CREDITS
See Eps. 1-200
Previous Episode
Ep. 234 - Precedential Decisions from 10/14/2024 - 10/20/2024 (in absentia motion to reopen - exceptional circumstances; totality of circumstances; traffic accidents; past persecution; unfulfilled threats; NACARA; economic hardship; mixed question review)
Montejo-Gonzalez, et al. v. Garland, No. 21-304 (9th Cir. Oct. 17, 2024)
- in absentia motion to reopen based on exceptional circumstances; unconscionable result of removal; totality of the circumstances; traffic accidents; children; prima facie relief inapplicable
Vargas-Salazar v. Garland, No. 23-2097 (1st Cir. Oct. 17, 2024)
- past persecution; unfulfilled threats; outpatient medical treatment; gangs; extortion; Ecuador
Figueroa v. Garland, No. 22-1272 (1st Cir. Oct. 17, 2024)
- Nicaraguan Adjustment and Central American Relief Act (NACARA); extreme and exceptionally unusual hardship; financial hardship; hardship review - mixed question of law and fact
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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"
Cerenade"Leader in providing smart, secure, and intuitive cloud-based solutions"
Stafi
"Remote staffing solutions for businesses of all sizes"
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Want to become a patron?
CONTACT INFORMATION
Email: [email protected]
Facebook: @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
DISCLAIMER & CREDITS
See Eps. 1-200
Next Episode
Ep. 236 - Precedential Decisions from 10/28/2024 - 11/3/2024 (denaturalization; ineffective assistance of counsel; CIMT; elements of sentence enhancement; aging out qualifying relatives; hardship review; fraud; § 237(a)(1)(H) waiver & I-751 petition)
Farhane v. United States, No. 20-1666 (2d Cir. Oct. 31, 2024) (en banc)
- denaturalization; ineffective assistance of counsel in criminal proceedings; Strickland; collateral consequences; Padilla
Matter of Khan, 28 I&N Dec. 850 (BIA 2024)
- CIMT; categorical approach; consideration elements of sentence enhancement; gross vehicular manslaughter while intoxicated; Cal. Pen. Code § 191.5(b); sentencing enhancement for fleeing the scene of an accident Cal. Veh. Code § 20001(c); combining mens rea and actus reas; standalone § 212(h) waiver; continuous residence for LPR cancellation
Diaz-Arellano v. U.S. Att'y Gen., No. 22-12446 (11th Cir. Oct. 29, 2024)
- aging out qualifying relatives; non-LPR cancellation of removal; Loper Bright
Sustaita-Cordova v. Garland, No. 23-60095 (5th Cir. Oct. 31, 2024)
- hardship review; Wilkinson and good moral character; contested facts; U visa waiver; deficient NTA claims processing rule
Seldon v. Garland, No. 24-0246 (6th Cir. Oct. 31, 2024)
- fraud; § 237(a)(1)(H) waiver & joint I-751 petition; Loper Bright; Kisor deference; Bador; failure to inform about asylum or other relief; refusal to answer questions at interview
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"
Cerenade"Leader in providing smart, secure, and intuitive cloud-based solutions"
Stafi
"Remote staffing solutions for businesses of all sizes"
- Promo Code: stafi2024
- Get Started! Promo Code: FREE
Want to become a patron?
CONTACT INFORMATION
Email: [email protected]
Facebook: @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
DISCLAIMER & CREDITS
See Eps. 1-200
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