
Ep. 47 - Precedential Decisions from 3/15/2021 - 3/21/2021 (failure to maintain student status; adverse credibility - inconsistencies; citizenship and burdens; changed country conditions motions to reopen - personal circumstances)
03/22/21 • 26 min
[2:17] Awuku-Asare v. Garland, No. 19-9516 (10th Cir. Mar. 16, 2021)
- F-1 student status; failure to maintain status; statutory interpretation; definition of the word “fail”
[7:15] Cuesta-Rojas v. Garland, No. 20-1302 (1st Cir. Mar. 15, 2021)
- asylum; adverse credibility; sworn statement; discrepancies; corroborating evidence; definition of arrest
[14:12] Thile v. Garland, No. 20-1259 (1st Cir. Mar. 19, 2021)
- citizenship; burdens; identity; asylum; China; India; Tibet
[18:20] Aguilar-Osorio v. Garland, No. 19-73000 (9th Cir. Mar. 15, 2021)
- particular social group; witnesses to gang activity; Department of State reports
[20:31] Rodriguez v. Garland, No. 20-70240 (9th Cir. Mar. 15, 2021)
- motion to reopen; materially changed country conditions; change in personal circumstances; Mexico
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
www.kktplaw.com/
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
www.docketwise.com/immigration-review
"Modern immigration software & case management"
*Want to become a patron of Immigration Review?
Check out our Patreon page at https://www.patreon.com/immigrationreview
*CONTACT INFORMATION
Email: [email protected]
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*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured in the top 15 of Immigration Podcast in the U.S.! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.
[2:17] Awuku-Asare v. Garland, No. 19-9516 (10th Cir. Mar. 16, 2021)
- F-1 student status; failure to maintain status; statutory interpretation; definition of the word “fail”
[7:15] Cuesta-Rojas v. Garland, No. 20-1302 (1st Cir. Mar. 15, 2021)
- asylum; adverse credibility; sworn statement; discrepancies; corroborating evidence; definition of arrest
[14:12] Thile v. Garland, No. 20-1259 (1st Cir. Mar. 19, 2021)
- citizenship; burdens; identity; asylum; China; India; Tibet
[18:20] Aguilar-Osorio v. Garland, No. 19-73000 (9th Cir. Mar. 15, 2021)
- particular social group; witnesses to gang activity; Department of State reports
[20:31] Rodriguez v. Garland, No. 20-70240 (9th Cir. Mar. 15, 2021)
- motion to reopen; materially changed country conditions; change in personal circumstances; Mexico
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
www.kktplaw.com/
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
www.docketwise.com/immigration-review
"Modern immigration software & case management"
*Want to become a patron of Immigration Review?
Check out our Patreon page at https://www.patreon.com/immigrationreview
*CONTACT INFORMATION
Email: [email protected]
Facebook: "Immigration Review Podcast" or @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured in the top 15 of Immigration Podcast in the U.S.! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.
Previous Episode

Ep. 46 - Precedential Decisions from 3/8/2021 - 3/14/2021 (realistic probability-Fla. marijuana poss.; CIMT-conspiracy, assault, threats; particularly serious crime-mental health; persecution and PSGs; reopening-changed conditions/in absentia; stepchild)
[2:13] Gonzalez v. Wilkinson, No. 19-3412 (8th Cir. Mar. 9, 2021)
- realistic probability test; cancellation of removal; Fla. Stat. § 893.13(6)(b); possession of marijuana; divisibility; Matter of Guadarrama
[7:29] Matter of Nemis, 28 I&N Dec. 250 (BIA 2021)
- conspiracy; fraud; CIMT; conspiracy to commit visa fraud in violation of 18 U.S.C. § 371 and 18 U.S.C. § 1546(a)
[15:33] Matter of Aguilar-Mendez, 28 I&N Dec. 262 (BIA 2021)
- CIMT; assault by means of force likely to produce great bodily injury in violation of Cal. Pen. Code § 245(a)(4); voluntary departure
[19:01] Birhanu v. Wilkinson, No. 19-9599 (10th Cir. Mar. 9, 2021)
- CIMT; recklessness; making threats of terrorism in violation of Utah Code Ann. § 76-5-107.3(1)(b)(ii); single scheme of criminal conduct; INA § 237(a)(2)(A)(ii); particularly serious crime; mental health; competency hearing
[25:20] Jama v. Wilkinson, No. 19-2250 (8th Cir. Mar. 11, 2021)
- particularly serious crime; Matter of G-G-S-; mental health; BIA fact finding; CAT deferral; Somalia
[30:11] Sanchez v. Garland, No. 16-73745 (9th Cir. Mar. 11, 2021)
- past persecution; threats; gangs; women; social distinction; El Salvador
[33:23] Lucaj v. Wilkinson, No. 20-1566 (1st Cir. Mar. 10, 2021)
- motion to reopen based on materially changed country conditions; deterioration of conditions; asylum; Albania
[36:03] Lopez v. Garland, No. 20-3762 (6th Cir. Mar. 12, 2021)
- in absentia motion to reopen; notice to appear (NTA) in native language
[37:55] Arguijo v. USCIS, No. 13-cv-05751 (7th Cir. Mar. 12, 2021)
- Violence Against Women Act; VAWA; stepchild; dictionary definition
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
www.kktplaw.com/
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
www.docketwise.com/immigration-review
"Modern immigration software & case management"
*Want to become a patron of Immigration Review?
Check out our Patreon page at https://www.patreon.com/immigrationreview
*CONTACT INFORMATION
Email: [email protected]
Facebook: "Immigration Review Podcast" or @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.
Next Episode

Ep. 48 - Precedential Decisions from 3/22/2021 - 3/28/2021 (controlled substance; divisibility; burdens; affidavits; presumption of delivery; aggravated felony - drug trafficking and illegal reentry; reinstatement; particular social groups; mental health)
[2:40] Alejos-Perez v. Garland, No. 19-60256 (5th Cir. Mar. 22, 2021)
- law relating to a controlled substance; INA § 237(a)(2)(B)(i); Texas Health and Safety Code § 481.1161(a); divisibility; ambiguity; burdens; drugs as elements; jury instructions; different punishments; intermediate state court decisions
[10:33] Njilefac v. Garland, No. 20-60520 (5th Cir. Mar. 24, 2021)
- affidavits; presumption of delivery; due process; motion to reconsider
[14:54] Lopez-Chavez v. Garland, No. 18-3735 (8th Cir. Mar. 22, 2021)
- aggravated felony; Moncrieffe v. Holder; INA § 101(a)(43)(O); INA § 101(a)(43)(B); 8 U.S.C. § 1326; § 1325; illegal reentry; small amount of marijuana; retroactivity
[25:01] Gutierrez-Gutierrez v. Garland, No. 18-2034 (8th Cir. Mar. 22, 2021)
- reinstatement; procedurally lawful admission; Matter of Quilantan; motion to reopen; jurisdiction; gross miscarriage of justice
[30:03] Acevedo v. Garland, No. 19-72381 (9th Cir. Mar. 24, 2021)
- particular social group; particularity; intellectual disability; subgroups; psychological reports; social distinction; relevant society; asylum; El Salvador
*Sponsors and friends of the podcast!
Kurzban Kurzban Tetzeli and Pratt P.A.
www.kktplaw.com/
Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.
Docketwise
www.docketwise.com/immigration-review
"Modern immigration software & case management"
*Want to become a patron of Immigration Review?
Check out our Patreon page at https://www.patreon.com/immigrationreview
*CONTACT INFORMATION
Email: [email protected]
Facebook: "Immigration Review Podcast" or @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview
*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/
*More episodes at: https://www.kktplaw.com/immigration-review-podcast/
*Featured in the top 15 of Immigration Podcast in the U.S.! https://blog.feedspot.com/immigration_podcasts/
DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.
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