Immigration Review
By Kevin A. Gregg, Esq. (kgregg@kktplaw.com)
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Subscribers: 13
Reviews: 0
Episodes: 289
Description
A weekly podcast of immigration case summaries and practice insights from your host, Kevin A. Gregg, a partner at the law firm Kurzban Kurzban Tetzeli & Pratt P.A. Each Monday, the Immigration Review podcast reviews the latest published opinions from the U.S. Supreme Court, the Board of Immigration Appeals, and all U.S. Circuit Courts of Appeals—discussing some in depth, providing holdings for others, and always giving practical insights, rummaging through the week’s decisions so you don’t have to. *Read about your host and the KKTP law firm here: https://www.kktplaw.com/attorney/gregg-kevin-a/
| Episode | Date |
|---|---|
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Ep. 265 - Precedential Decisions from 5/19/2025 - 5/25/2025 (jurisdiction; criminal penalties for obstructing removal; IIRIRA legislative history; untimely petition for review; hardship review; Sikh asylum claim)
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May 27, 2025 |
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Ep. 264 - Precedential Decisions from 5/12/2025 - 5/18/2025 (email notifications; government nexus - asylum and CAT; mandatory detention; alien arriving; applicant for admission; motion to remand; prima facie case for relief; competency; mental health)
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May 20, 2025 |
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Ep. 263 - Precedential Decisions from 5/5/2025 - 5/11/2025 (habeas; transfer of noncitizens; stay; bond; burdens; DUI; crime of child abuse; attempt; doctrine of consular nonreviewability; Religious Freedom Restoration Act)
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May 13, 2025 |
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Ep. 262 - Precedential Decisions from 4/28/2025 - 5/4/2025 (mixed motive Ecuadorian women; M-R-M-S-; indigenous political parties; good moral character; fraud; unarmed assault with intent to rob or steal; fraud not theft; agg fel theft & attempt)
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May 06, 2025 |
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Ep. 261 - Precedential Decisions from 4/21/2025 - 4/27/2025 (voluntary departure; service on the weekend; CAT & MS-13; ineffective assistance of counsel motions to reopen; marriage and prima facie showing; firm resettlement; hardship to children)
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Apr 29, 2025 |
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Ep. 260 - Precedential Decisions from 4/14/2025 - 4/20/2025 (illegal abduction and disappearing of individuals with withholding of removal grant; Executive overreach; facilitate; naturalization during removal proceedings)
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Apr 22, 2025 |
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Ep. 259 - Precedential Decisions from 4/7/2025 - 4/13/2025 (exceptional & extremely unusual hardship; failure to consider psychological report; notice of appeal deadline; former police officers; nexus; denying asylum as a matter of discretion; CIMT theft)
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Apr 15, 2025 |
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Ep. 258 - Precedential Decisions from 3/31/2025 - 4/6/2025 (PSG cooperators against MS-13; social distinction & ocular visibility; crime of violence; realistic probability test; naturalization review; INA § 310(c); warrant of arrest)
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Apr 08, 2025 |
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Ep. 257 - Precedential Decisions from 3/24/2025 - 3/30/2025 (crime of violence; force through omission; temporary appellate IJs; ultra vires argument; discovery to challenge I-130 denial; INA § 204(c); depositions)
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Apr 01, 2025 |
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Ep. 256 - Precedential Decisions from 3/17/2025 - 3/23/2025 (deeming asylum application abandoned for failure to include declaration; point of comparison of CSA and state drug schedule; individualized inquiry for hardship; credibility)
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Mar 25, 2025 |
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Important Announcement!
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Mar 24, 2025 |
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Ep. 255 - Precedential Decisions from 3/10/2025 - 3/16/2025 (alienage by clear, unequivocal, and convincing evidence; hardship and one-year filing deadline review: satisfaction of Attorney General; asylum in India - loan sharks and Mann Party; deference)
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Mar 17, 2025 |
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Special Episode - Interview with Rekha and Michael Sharma-Crawford (the Pen & Sword College; trial lawyering in immigration court; personal backgrounds; Laken Riley Act; fighting back against Lozada bar complaint requirement)
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Mar 13, 2025 |
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Ep. 254 - Precedential Decisions from 3/3/2025 - 3/9/2025 (LPR as arriving alien; parole; false testimony & good moral character; arson aggravated felony; politics in Nicaragua; political opinion; opposition to China’s property confiscation laws)
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Mar 10, 2025 |
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Ep. 253 - Precedential Decisions from 2/24/2025 - 3/2/2025 (exceptions to Hague Act adoption; habitual residence; I-130 petition by adoptive parent; crime of violence; threat of sodomy accusation; Virginia robbery)
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Mar 03, 2025 |
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Ep. 252 - Precedential Decisions from 2/17/2025 - 2/23/2025 (odd, ends, and immigration news; in absentia motion to reopen; stop-time rule; equitable tolling; sua sponte; exceptional circumstances for missing hearing; notice in foreign language)
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Feb 24, 2025 |
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Ep. 251 - Precedential Decisions from 2/10/2025 - 2/16/2025 (past persecution - Roma; disfavored group; firearms offense; CIMT & Loper Bright; continuance & diligence; drugs; sua sponte reopening; DV asylum; inadequate medical care)
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Feb 17, 2025 |
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Ep. 250 - Precedential Decisions from 2/3/2025 - 2/9/2025 (BIA overturning IJ; under color of law; Cal. Pen Code § 1473.7 vacated conviction; procedural or substantive defect; fear of cartels in Mexico; criminal prosecution of immigration attorneys)
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Feb 10, 2025 |
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Ep. 249 - Precedential Decisions from 1/27/2025 - 2/2/2025 (single scheme of criminal conduct; two or more CIMTs; derivative naturalization; present-perfect tense; legal separation; Loper Bright)
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Feb 03, 2025 |
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Ep. 248 - Precedential Decisions from 1/20/2025 - 1/26/2025 (recent thoughts; CAT protection & credibility; crime of violence; general intent crimes; detention - dangerousness, mixed question of law and fact, and substantive due process)
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Jan 27, 2025 |
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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)
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Jan 20, 2025 |
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Ep. 246 - Precedential Decisions from 1/6/2025 - 1/12/2025 (Laken Riley Act; duty to intervene standard for government acquiesce or consent for CAT deferral; UN duty to intervene; two-pronged analysis; Boko Haram; Nigeria)
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Jan 13, 2025 |
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Ep. 245 - Precedential Decisions from 12/30/2024 - 1/5/2025 (SCOTUS preview; crime of violence; “bodily injury”; emotional or verbal injury; realistic probability test; wholesale exclusion of evidence during discretionary analysis as legal error)
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Jan 06, 2025 |
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Ep. 244 - Precedential Decisions from 12/23/2024 - 12/29/2024 (prior adverse credibility & reopening; stolen property aggravated felony; VAWA & hardship reopening; well-founded fear & Brazil; definition of exceptional & extremely unusual hardship)
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Dec 30, 2024 |
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Ep. 243 - Precedential Decisions from 12/16/2024 - 12/22/2024 (EB-2 visa; I-140 revocation; temporary Appellate IJ; Attorney General and INA § 103(g); BIA asylum affirmance; in absentia motion to reopen; hardship, voluntary departure &continuance review)
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Dec 23, 2024 |
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Ep. 242 - Precedential Decisions from 12/9/2024 - 12/15/2024 (crime of violence; H-1B & marijuana industry; revocation of I-130 petition; circumstance specific approach; aggravated felony rape; adverse credibility; family based particular social group)
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Dec 16, 2024 |
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Ep. 241 - Precedential Decisions from 12/2/2024 - 12/8/2024 (Senator Markey Immigrants' List event!; mental health; extraordinary circumstances exception to one-year asylum deadline; changed circumstances; aggregating all sources of torture; gangs)
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Dec 09, 2024 |
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Ep. 240 - Precedential Decisions from 11/25/2024 - 12/1/2024 (thank you Patrons!; CAT deferral; political power in Guinea; exhaustion of particularly serious crime argument before the BIA; MD. Crim. Code § 8-301(c)(2)(i) identity fraud)
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Dec 02, 2024 |
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Ep. 239 - Precedential Decisions from 11/18/2024 - 11/24/2024 (BIA notice of appeal deadlines; equitable tolling; diligence; timely objection to deficient NTA; retroactivity; federal definition of marijuana; hemp; realistic probability test)
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Nov 25, 2024 |
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Ep. 238 - Precedential Decisions from 11/11/2024 - 11/17/2024 (nexus to political opinion; church leaders; small business owners; death threats, extortion & past persecution; reasonable relocation; gang violence; unable or unwilling to protect)
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Nov 18, 2024 |
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Ep. 237 - Precedential Decisions from 11/4/2024 - 11/10/2024 (mental competency; M-A-M- safeguards; termination for regulator violations; serious reasons for believing serious non-political crime; probable cause; police acquiescence; failure to act)
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Nov 11, 2024 |
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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)
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Nov 04, 2024 |
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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)
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Oct 28, 2024 |
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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)
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Oct 21, 2024 |
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Ep. 233 - Precedential Decisions from 10/7/2024 - 10/13/2024 (family-based past persecution claim; harm to family members as persecution; unable or unwilling to control only in home city in Mexico; Salvadoran men; resistance to gang recruitment)
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Oct 14, 2024 |
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Ep. 232 - Precedential Decisions from 9/30/2024 - 10/6/2024 (EB-3 visa; revoked I-140 petition; portability; credibility; Matter of R-K-K-; similar affidavits; DHS charts; relocation)
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Oct 07, 2024 |
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Ep. 231 - Precedential Decisions from 9/23/2024 - 9/29/2024 (Ukraine; Hague Convention on the Civil Aspects of International Child Abduction; wrongful removal; generic federal definition of methamphetamine; extradition; State Department & CAT)
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Sep 30, 2024 |
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Ep. 230 - Precedential Decisions from 9/16/2024 - 9/22/2024 (CIMT & retail theft; family, nexus & mixed motive; DHS non-opp to motion to remand; prolonged detention; FARO & aggravated felony obstruction of justice; extraordinary circumstances & reopening)
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Sep 23, 2024 |
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Ep. 229 - Precedential Decisions from 9/9/2024 - 9/15/2024 (failure to report as a child; manner of entry, jurisdiction & Patel; petty theft & CIMT; single scheme; pardons; Skidmore deference; fetus persecution)
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Sep 16, 2024 |
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Ep. 228 - Precedential Decisions from 9/2/2024 - 9/8/2024 (deficient NTA; claims processing rule; termination; IJ amending NTA; crime of violence; recklessness; Borden; Cal. Pen. Code § 245(a)(1) assault with a deadly weapon other than a firearm)
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Sep 09, 2024 |
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Ep. 227 - Precedential Decisions from 8/26/2024 - 9/1/2024 (reopening standard; attempted child abuse; jurisdiction - Patel, I-601 & I-751; nexus & harm in the U.S.; reasonable fear review; derivative U.S. citizenship)
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Sep 02, 2024 |
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Ep. 226 - Precedential Decisions from 8/19/2024 - 8/25/2024 (asylum; withholding of removal; CAT; imputed political opinion; substantial evidence; past persecution; nexus; corroborating evidence)
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Aug 26, 2024 |
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Ep. 225 - Precedential Decisions from 8/12/2024 - 8/18/2024 (vacated criminal conviction & reopening; murder; voluntary departure; temporary BIA members; nexus; police reports & discretion)
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Aug 19, 2024 |
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Ep. 224 - Precedential Decisions from 8/5/2024 - 8/11/2024 (denaturalization & estoppel; mental health & asylum; hardship review; attorney unpreparedness & continuances; particularly serious crimes; domestic violence & asylum; credibility)
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Aug 12, 2024 |
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Ep. 223 - Precedential Decisions from 7/29/2024 - 8/4/2024 (challenging DHS regulations; material support of terrorism & due process; naturalization delay; particularly serious crime; mental health issues; past persecution & Mann party)
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Aug 05, 2024 |
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Ep. 222 - Precedential Decisions from 7/22/2024 - 7/28/2024 (administrative notice of foreign law; credibility; derivative citizenship; best interests of the child; asylum & Angola; PFR venue; bonafide Egyptian marriage & pro se respondents)
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Jul 29, 2024 |
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Special Episode - Interview with Attorney Ira Kurzban (important cases from the Supreme Court's 2023-2024 Term; state of the judiciary; Immigrants' List & immigration advocacy)
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Jul 25, 2024 |
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Ep. 221 - Precedential Decisions from 7/15/2024 - 7/21/2024 (flight from ethnic cleansing & genocide; gang recruitment & PSGs; CIMT & prostitution; I-213 reliability; unfulfilled threat doctrine)
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Jul 22, 2024 |
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Ep. 220 - Precedential Decisions from 7/8/2024 - 7/14/2024 (naturalization; lawfully admitted for permanent residence; § 237(a)(1)(H) waiver; conditional LPR; pre-trial detention; confined as a result of conviction; persecution; continuance; admin close)
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Jul 15, 2024 |
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Special Episode - Interview with Attorney Eric Lee (lead counsel on the recent doctrine of consular nonreviewability Supreme Court case, Munoz v. Dept. of State)
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Jul 11, 2024 |
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Ep. 219 - Precedential Decisions from 7/1/2024 - 7/7/2024 (car jacking; crime of violence - physical force & mens rea; climate refugees; 212(c) relief; Wilkinson review; mixed motive, nexus, Christians & gangs; adjustment of status in district court)
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Jul 08, 2024 |
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Special Episode - AILA Annual Conference 2024 (interview with AILA National Immediate Past President Farshad Owji, and AILA National President Kelli Stump)
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Jul 02, 2024 |
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Ep. 218 - Precedential Decisions from 6/24/2024 - 6/30/2024 (Chevron agency deference; discretionary determination review; nexus; Jehovah’s Witnesses; religion; aggravated felony: sexual abuse of a minor & relating to obstruction of justice; mens rea)
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Jul 01, 2024 |
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Ep. 217 - Precedential Decisions from 6/17/2024 - 6/23/2024 (fundamental right to live with spouse; lawful sanction; credibility; failure to consider therapist letter; no-notice reopening; reasonable fear review; deficient OSC & due process)
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Jun 24, 2024 |
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Ep. 216 - Precedential Decisions from 6/10/2024 - 6/16/2024 (in absentia motion to reopen; deficient NTA; textualism; crime of violence; asylum & withholding nexus; CIMT; prolonged detention post-reinstatement)
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Jun 17, 2024 |
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Ep. 215 - Precedential Decisions from 6/3/2024 - 6/9/2024 (case law housekeeping!; authentication of domestic records; APA - jurisdiction, discretion & I-601A delay; one year asylum deadline; pattern or practice - Mexican transgender women)
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Jun 10, 2024 |
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Ep. 214 - Precedential Decisions from 5/28/2024 - 6/2/2024 (sexual abuse of a minor aggravated felony; possession of child pornography; mootness & physical removal; J-F-F- and CAT; controlled substance trafficking aggravated felony; mandatory detention)
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Jun 03, 2024 |
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Ep. 213 - Precedential Decisions from 5/21/2024 - 5/27/2024 (serious drug offense; choice of law; changed country condition motion to reopen; Bosnian Muslims; religion and nexus; police informant; deficient NTA; sexual abuse of a minor aggravated felony)
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May 27, 2024 |
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Ep. 212 - Precedential Decisions from 5/13/2024 - 5/20/2024 (knock and talk; curtilage; Fourth Amendment; vacating ICE policy and practice; Hague Act Adoption; changed country condition motion to reopen; crimes of child abuse, neglect, or abandonment)
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May 20, 2024 |
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Ep. 211 - Precedential Decisions from 5/6/2024 - 5/12/2024 (FBA Conference!; deficient NTA; reinstatement; exhaustion; claims processing rule; INA § 241(a)(5) not jurisdictional; reasonable fear; family based particular social group; fear of cartels)
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May 13, 2024 |
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Ep. 210 - Precedential Decisions from 4/29/2024 - 5/5/2024 (crime of domestic violence & mental harms; expert witness & CAT - Iraq; past persecution & Mexican Navy; immutability & business owners; Sinaloa Cartel & CAT; Hague Act on Child Abduction)
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May 06, 2024 |
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Ep. 209 - Precedential Decisions from 4/22/2024 - 4/28/2024 (FTCA; de minimis harm; colorable question of law; time limit on discretion; qualifying relative; non-LPR cancellation of removal; age out; 4,000 cap; BIA notice of appeal requirements; nexus)
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Apr 29, 2024 |
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Ep. 208 - Precedential Decisions from 4/15/2024 - 4/21/2024 (I-130; sham marriage; overcoming INA § 204(c); exceptional and extremely unusual hardship; reasonable likelihood standard for prima facie case; gender-based asylum claims; social distinction)
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Apr 22, 2024 |
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Ep. 207 - Precedential Decisions from 4/8/2024 - 4/14/2024 (CAT deferral; aggregate forms of torture; changed country condition motion to reopen; Chaldean Christian; Iraq; injunction; visa bulletin; denaturalization; ineffective assistance of counsel)
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Apr 15, 2024 |
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Ep. 206 - Precedential Decisions from 4/1/2024 - 4/7/2024 (criminal encouraging violation of immigration law; expedited removal untimely evidence; unable or unwilling to protect in Mexico; collateral estoppel and jurisdiction)
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Apr 08, 2024 |
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Special Episode - Interview with Raquel Gomes and Ruby Powers: All About Stafi!
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Apr 03, 2024 |
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Ep. 205 - Precedential Decisions from 3/25/2024 - 3/31/2024 (mixed motive; one central reason; personal dispute; religion; CIMT; New Jersey second-degree robbery; naturalization; false claim to U.S. citizenship; unlawful voting)
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Apr 01, 2024 |
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Ep. 204 - Precedential Decisions from 3/18/2024 - 3/24/2024 (mixed question of law and fact; CIMT & child abuse; nexus & indigenous women; particular social group change on appeal; relocation in India; criminal-alien jurisdictional bar & Nasrallah)
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Mar 25, 2024 |
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Ep. 203 - Precedential Decisions from 3/11/2024 - 3/17/2024 (particularly serious crime; prolonged detention; late-filed evidence; criminal conviction definition; asylum one-year filing deadline; family-based PSGs; discretion; credibility; agg fel theft)
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Mar 18, 2024 |
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Ep. 202 - Precedential Decisions from 3/4/2024 - 3/10/2024 (parole; returning removed noncitizens; Mexican business owners; serious nonpolitical crime; retrogression; CAT & South Sudan; claims processing rules; retroactivity)
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Mar 11, 2024 |
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Special Episode - Interview with Trina Realmuto and Eddie Ramos (National Immigration Litigation Alliance (NILA); TPS employment authorization class action; impact litigation; mentorship)
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Mar 07, 2024 |
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Ep. 201- Precedential Decisions from 2/26/2024 - 3/3/2024 (withholding-only review & reinstatement; final order; BIA reweighing evidence; nexus - indigenous women; Mexicans with mental health disorders & exhibit erratic behavior; deficient NTA reopening)
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Mar 04, 2024 |
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Ep. 200!!! - Precedential Decisions from 2/19/2024 - 2/25/2024 (vacated criminal conviction; procedural or substantive defect; reopening; reasonable relocation; Mann Party & India; crime of violence; Ohio robbery)
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Feb 26, 2024 |
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Ep. 199 - Precedential Decisions from 2/12/2024 - 2/18/2024 (repatriated Somalis; CAT protection; acquiesce; aggravated felony theft offense; drugs & realistic probability test in CA5; marriage fraud & § 204(c) investigations)
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Feb 19, 2024 |
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Ep. 198 - Precedential Decisions from 2/5/2024 - 2/11/2024 (I-751; joint filing; U-visa disclosure; penalties; 8 U.S.C. § 1367; willfulness; assault resulting in serious bodily injury; crime of violence; mens rea; presumption of indivisibility)
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Feb 12, 2024 |
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Ep. 197 - Precedential Decisions from 1/29/2024 - 2/4/2024 (deficient NTA; Form I-261; persecution because of debts; motion to reopen & mental health; mixed adverse credibility finding; clearly and beyond doubt admissible & false claim to citizenship)
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Feb 05, 2024 |
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Ep. 196 - Precedential Decisions from 1/22/2024 - 1/28/2024 (imminent death threats alone & persecution/torture; mixed motive, family group & nexus; unable or unwilling; BIA reweighing evidence; applicant for admission; derivative citizenship & standing)
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Jan 29, 2024 |
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Ep. 195 - Precedential Decisions from 1/15/2024 - 1/21/2024 (Trafficking Victims Protection Reauthorization Act; motion to reopen; minor; newly available evidence; Domestic Abuse Assault, Enhanced under Iowa Code § 708.2A(3)(b); crime of violence)
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Jan 22, 2024 |
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Ep. 194 - Precedential Decisions from 1/8/2024 - 1/14/2024 (bond; collateral estoppel; INA § 236(a); Bail Reform Act; crime of violence; VICAR; felony murder; divisibility; means vs. elements)
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Jan 15, 2024 |
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Ep. 193 - Precedential Decisions from 1/1/2024 - 1/7/2024 (adverse credibility; omission; medical reports; past persecution harm; due process; unable or unwilling to protect; complete helplessness; three member panel; DHS failure to file brief; IJ bias)
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Jan 08, 2024 |
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Ep. 192 - Precedential Decisions from 12/26/2023 - 12/31/2023 (particular social group - circularity, distinction, criminal motives & nexus; Mendez Rojas class; sue sponte; crime of violence; abandonment, R-C-R- & good cause)
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Jan 01, 2024 |
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Ep. 191 - Precedential Decisions from 12/18/2023 - 12/25/2023 (Happy Holidays!; I-751; removal of conditional LPR status; IJ authority to terminate; Texas aggravated sexual assault with a deadly weapon)
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Dec 25, 2023 |
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Ep. 190 - Precedential Decisions from 12/11/2023 - 12/17/2023 (crimmigration week!; child endangerment; crime of violence - psychological force, intent, violent force, de minimus force & aggravated assault; Iowa, Puerto Rico & Pennsylvania crimes)
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Dec 18, 2023 |
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Ep. 189 - Precedential Decisions from 12/4/2023 - 12/10/2023 (final order of removal & withholding; nexus: religion, domestic violence & witches; reasonable relocation; drug offenses; aggravated felony: sexual abuse of a minor & crime of violence)
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Dec 11, 2023 |
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Eps. 187 & 188 - Precedential Decisions from 11/20/2023 - 12/3/2023 (asylum reform; nexus & family membership; aggravated felony controlled substance trafficking; mandamus injunctions & the visa bulletin; unable or unwilling to protect & Nepalese Maoists)
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Dec 04, 2023 |
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Ep. 186 - Precedential Decisions from 11/13/2023 - 11/19/2023 (reasonable fear review; reinstatement; final order of removal; persecution; unfulfilled threats; USCIS notice on counsel; due process; Miranda warnings)
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Nov 20, 2023 |
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Ep. 185 - Precedential Decisions from 10/30/2023 - 11/12/2023 (asylum; harassment; non-physical harm; cumulative analysis for past persecution; IJ responsibilities for asylum seekers; fear of gang extortion; harm experienced as a child)
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Nov 13, 2023 |
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Ep. 184/Special Episode - Interview with Dan Lawton about his new book Above the Ground - A True Story of the Troubles in Northern Ireland
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Nov 06, 2023 |
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Ep. 183 - Precedential Decisions from 10/23/2023 - 10/29/2023 (criminal conviction; finality; Matter of J.M. Acosta; N.Y. Crim. Pen. L. § 460.30; opposition to Chinese family planning policy; adverse credibility)
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Oct 30, 2023 |
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Special Episode - Interview with Immigration Judge Mimi Tsankov in her capacity as President of the National Association of Immigration Judges
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Oct 26, 2023 |
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Ep. 182 - Precedential Decisions from 10/16/2023 - 10/22/2023 (divisibility; assault in violation of Md. Code, Art. 27 § 12A-1; violent felony; child witness to gang violence; particular social group; particularity)
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Oct 23, 2023 |
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Ep. 181 - Precedential Decisions from 10/9/2023 - 10/15/2023 (Patron Shout Out!; reasonable relocation; testimony alone for relocation; economic discrimination; indigenous; Quechua; Ecuador)
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Oct 16, 2023 |
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Ep. 180 - Precedential Decisions from 10/2/2023 - 10/8/2023 (ABA Immigrant Justice Project; aggravated felony theft offense; exhaustion; mental health and particularly serious crime; unable or unwilling to protect; Guatemalan women of Mayan ancestry)
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Oct 09, 2023 |
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Ep. 179 - Precedential Decisions from 9/25/2023 - 10/1/2023 (ASISTA; divisibility; Pennsylvania controlled substance; driving while under the influence of marijuana; FTCA; Bivens; equitable tolling; sexual assault by ICE officers)
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Oct 02, 2023 |
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Ep. 178 - Precedential Decisions from 9/18/2023 - 9/24/2023 (federal loss amount; U.S.S.G. § 2B1.1; Child Status Protection Act; finality of conviction; Matter of J.M. Acosta)
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Sep 25, 2023 |
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Ep. 177 - Precedential Decisions from 9/11/2023 - 9/17/2023 (reasonable possibility standard; stop-time rule; parole; CIMT - NY retroactivity & receipt of stolen property; NJ Disorderly Conduct; Salvadoran business owners; voluntary departure)
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Sep 18, 2023 |
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Ep. 176 - Precedential Decisions from 9/4/2023 - 9/10/2023 (cocaine isomers; gay men as PSG; reporting harm to police; fears of gangs for CAT and asylum; voluntary departure & motions to reopen; prison guards as PSG; reasonable fear review)
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Sep 11, 2023 |
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Ep. 175 - Precedential Decisions from 8/28/2023 - 9/3/2023 (credibility - border interviews & inconsistencies; jurisdiction & motions to reopen; naturalization & good moral character; polygamy; house church Christian in China; CIMT; menacing in Oregon)
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Sep 04, 2023 |
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Ep. 174 - Precedential Decisions from 8/21/2023 - 8/27/2023 (CAT deferral; prosecution as persecution; extortion & asylum; credibility & inconsistencies; wire fraud; +$10,000 loss; child soldier & mental health in Sudan)
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Aug 28, 2023 |
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Ep. 173 - Precedential Decisions from 8/14/2023 - 8/20/2023 (CAT; under color of law; controlled substance attempted delivery; crime of violence; search of attorney cell phone at the border; credibility; termination; constitutional & regulatory violation)
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Aug 21, 2023 |
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Ep. 172 - Precedential Decisions from 8/7/2023 - 8/13/2023 (motion to reopen - prima facie, ineffective assistance of counsel & changed country conditions; unable or unwilling; pardons; denaturalization; materiality; money laundering; CIMT)
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Aug 14, 2023 |
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Ep. 171 - Precedential Decisions from 7/31/2023 - 8/6/2023 (NACARA; sua sponte motion to reopen; venue; Matter of Garcia; CAT; under color of law; torture; final order of removal; jurisdiction; O-F-A-S-)
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Aug 07, 2023 |
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Ep. 170 - Precedential Decisions from 7/24/2023 - 7/30/2023 (credibility; omission; Constitutionality of BIA; exhaustion; § 209 adjustment; I-130 revocation; derivative citizenship; administrative closure)
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Jul 31, 2023 |
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Ep. 169 - Precedential Decisions from 7/17/2023 - 7/23/2023 (federal definition of marijuana; hemp; detention; dangerousness; DACA discrimination; alienage; 42 U.S.C. § 1981)
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Jul 24, 2023 |
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Special Episode - AILA Annual Conference 2023 (interview with AILA National Immediate Past President Jeremy McKinney, and AILA National President Farshad Owji)
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Jul 20, 2023 |
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Ep. 168 - Precedential Decisions from 7/10/2023 - 7/16/2023 (nexus & religion; pro se asylum; family PSG; deficient NTA in absentia motion to reopen; Salvadoran businessmen; PFR & withholding only; motion to reopen; agg fel theft; ineffective assistance)
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Jul 17, 2023 |
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Ep. 167 - Precedential Decisions from 7/3/2023 - 7/9/2023 (reasonable relocation; Pakistani Taliban; corroboration; Chinese Christian; unable or unwilling to protect; crime of violence; malice; deficient NTA in absentia motion to reopen)
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Jul 10, 2023 |
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Ep. 166 - Precedential Decisions from 6/26/2023 - 7/2/2023 (First Amendment; NIW; adverse credibility; due process; threats; frivolous asylum application; particularly serious crime; 8 C.F.R. § 1208.18(a)(3); military conscription; false claim to U.S.C)
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Jul 03, 2023 |
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Ep. 165 - Precedential Decisions from 6/19/2023 - 6/25/2023 (standing; prosecutorial discretion; obstruction of justice; jurisdiction - motion to remand and continuance; CIMT; reprehensible conduct; nexus; MS-13; frivolous asylum finding)
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Jun 26, 2023 |
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Ep. 164 - Precedential Decisions from 6/12/2023 - 6/18/2023 (identity theft; denial of freedom; failure to file NTA; temporary BIA members; good moral character; 212(h) waiver; egregious arrest; credibility; methamphetamine)
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Jun 19, 2023 |
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Ep. 163 - Precedential Decisions from 6/5/2023 - 6/11/2023 (isomer; U.S. National; American Samoa; extortion-plus nexus; due process; CIMT and recklessness; crime of child abuse; one-year asylum deadline; married gay men in Mexico)
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Jun 12, 2023 |
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Ep. 162 - Precedential Decisions from 5/29/2023 - 6/4/2023 (antique firearms; realistic probability; receipt of stolen property; extortion in El Salvador; untimely PFR; voluntary departure; deficient NTA in absentia motion to reopen; misrep in NTA)
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Jun 05, 2023 |
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Ep. 161 - Precedential Decisions from 5/22/2023 - 5/28/2023 (Thank you Patrons!; crime of violence; illegal reentry; aggravated felony burglary offense; New York burglary of a building; inherent violence; divisibility; categorical approach)
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May 29, 2023 |
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Ep. 160 - Precedential Decisions from 5/15/2023 - 5/21/2023 (Zipper Clause; asylum termination; Rwanda genocide; crime of violence; violent force; omission as force; VAWA; extreme cruelty; lack of physical abuse)
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May 22, 2023 |
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Ep. 159 - Precedential Decisions from 5/8/2023 - 5/14/2023 (Supreme Court Season!; exhaustion of remedies; crime of violence; visa waiver program & asylum only proceedings; fundamental change in circumstances; Lider Party in Guatemala)
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May 15, 2023 |
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Ep. 158 - Precedential Decisions from 5/1/2023 - 5/7/2023 (untimely notice of appeal; equitable tolling; cancellation review; particular social group; Guatemalan witnesses; immutability; Honduran landowners; social distinction; Honduran single mothers)
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May 08, 2023 |
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Ep. 157 - Precedential Decisions from 4/24/2023 - 4/30/2023 (modified categorical approach; pleas colloquy; SIJS; visa fraud; 237(a)(1)(H) waivers; crime of domestic violence; torture; past persecution; derivative citizenship)
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May 01, 2023 |
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Ep. 156 - Precedential Decisions from 4/17/2023 - 4/23/2023 (TPS; arriving alien; USCIS jurisdiction; advance parole; discretion; non-LPR cancellation of removal; BIA standards of review)
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Apr 24, 2023 |
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Ep. 155 - Precedential Decisions from 4/10/2023 - 4/16/2023 (credibility; corroboration; immaterial inconsistency; U Visa waivers; discretion & jurisdiction; adjustment of status; bonafide marriage; expunged arrests & police reports; Ron DeSantis)
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Apr 17, 2023 |
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Ep. 154 - Precedential Decisions from 4/3/2023 - 4/9/2023 (stay of appellate proceedings; mediation; foreign conviction & fundamental fairness; Pennsylvania robbery; TPS & trips abroad; final agency action & adjustment; ineffective assistance of counsel)
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Apr 10, 2023 |
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Ep. 153 - Precedential Decisions from 3/27/2023 - 4/2/2023 (EAJA fees; administrative closure; crime of violence; loss over $10,000; conspiracy; restitution; rental car agreements; mental state; accomplice liability in Washington State)
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Apr 03, 2023 |
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Special Episode - Interview with the MANY titled Ilyce Shugall (Former Immigration Judge, Member of the Former IJ/BIA Member Amicus Roundtable, advocate for noncitizens, mentor, Managing Attorney at Immigrant Legal Defense, and more!)
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Mar 29, 2023 |
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Ep. 152 - Precedential Decisions from 3/20/2023 - 3/26/2023 (venue; forum; choice of law; hardship challenge; regulatory interpretation; illegal reentry; 287(g) agreements; malicious wounding; crime of violence)
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Mar 27, 2023 |
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Ep. 151 - Precedential Decisions from 3/13/2023 - 3/19/2023 (Patel & jurisdiction; Federal Tort Claims Act & unlawful detention; stop-time rule & deficient Orders to Show Cause; overbroad MDMA; standards of review; Nicaraguan asylum)
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Mar 20, 2023 |
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Ep. 150 - Precedential Decisions from 3/6/2023 - 3/12/2023 (Patron shout-out!; crime of violence; attempt; 18 U.S.C. § 1959(a)(3); N.Y. Penal Law § 120.05(2); N.Y. Penal Law § 120.10(1); factual bases for plea in New York and Connecticut)
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Mar 13, 2023 |
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Ep. 149 - Precedential Decisions from 2/28/2023 - 3/5/2023 (WebEx; CIMT; statutory text; jurisdiction and discretion; non-LPR cancellation of removal; aggravated robbery; aggravated felony theft offenses & crimes of violence; corrupt police)
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Mar 06, 2023 |
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Special Episode - Interview with Andy Posner, Founder and CEO of Capital Good Fund
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Mar 02, 2023 |
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Ep. 148 - Precedential Decisions from 2/21/2023 - 2/27/2023 (drug trafficking aggravated felony; divisibility; elements vs. means; controlled substance list; extreme recklessness; mens rea; crime of violence)
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Feb 27, 2023 |
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Ep. 147 - Precedential Decisions from 2/14/2023 - 2/20/2023 (unlawful presence bar; EB-1C; jurisdiction to review adjustment of status denial; cross-appeals; crime of violence - attempt, knowledge, and violent force; credibility, Cuba, and kidney stones)
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Feb 20, 2023 |
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Ep. 146 - Precedential Decisions from 2/7/2023 - 2/13/2023 (torture; withholding - corroboration & credibility; nexus - family, gangs, extortion & revenge; deficient exclusion proceedings; divorce in Virginia & Ghana; good moral character; Patel)
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Feb 13, 2023 |
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Ep. 145 - Precedential Decisions from 1/30/2023 - 2/6/2023 (Supreme Court 2023 Term Rundown; aggravated felony crime of violence; elements clause; recklessness)
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Feb 06, 2023 |
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Ep. 144 - Precedential Decisions from 1/23/2023 - 1/29/2023 (past persecution; failure to seek medical care; Guatemala - indigenous, lesbians, and witness cooperators; good moral character; sexual abuse of a minor; imputed particular social group)
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Jan 30, 2023 |
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Ep. 143 - Precedential Decisions from 1/16/2023 - 1/22/2023 (changes at the Department of State!; attempt; aggravated felony crimes of violence; New York attempted first-degree assault; violent force; requesting publication)
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Jan 23, 2023 |
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Ep. 142 - Precedential Decisions from 1/9/2023 - 1/15/2023 (deficient NTA; stop-time rule; final order of removal; false statements, naturalization, and materiality; fear of gangs & reasonable fear; divisibility & Georgia robbery)
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Jan 16, 2023 |
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Ep. 141 - Precedential Decisions from 1/2/2023 - 1/8/2023 (credibility; immigration fraud; lack of detail in testimony; asylum from Bangladesh; identity theft; Va. Code Ann. § 18.2-186.3(A)(2); CIMT; intent to defraud; Rule of Lenity)
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Jan 09, 2023 |
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Ep. 140 - Precedential Decisions from 12/26/2022 - 1/1/2023 (mental health; fear of gangs; police acquiescence; cocaine isomers; no notice motion to reopen; derivative citizenship; nexus & family group)
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Jan 02, 2023 |
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Ep. 139 - Precedential Decisions from 12/19/2022 - 12/25/2022 (a holiday thank you to the podcast's Patrons; persecutor bar to asylum; Eritrea; sentence modification; Matter of Thomas and Thompson; retroactivity; review of withholding; criminal bar)
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Dec 26, 2022 |
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Ep. 138 - Precedential Decisions from 12/12/2022 - 12/18/2022 (T-visa training!; cumulative harm for past persecution; dwarfism; alienage; inconsistencies in DHS evidence; mental health facilities in Honduras; deficient NTA in absentia motion to reopen)
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Dec 19, 2022 |
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Special Episode - Interview with John Khosravi about his many hats, and the Immigration Lawyers Toolbox!
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Dec 14, 2022 |
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Ep. 137 - Precedential Decisions from 12/5/2022 - 12/11/2022 (credibility; Bangladesh; memorizing testimony; suppression; Fourth Amendment; egregious violation; INA § 237(a)(2)(E)(i); categorical approach; statutory interpretation; agency deference)
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Dec 12, 2022 |
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Ep. 136 - Precedential Decisions from 11/28/2022 - 12/4/2022 (vacate Lozada!; disbarment; approvable when filed - 245(i); affidavit of support; waiver of appeal; particularly serious crime; amount of loss; ineffective assistance of counsel)
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Dec 05, 2022 |
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Ep. 135 - Precedential Decisions from 11/21/2022 - 11/27/2022 (CAT & under color of law; regulatory violations & fundamental rights; corroboration; past persecution; venue; jurisdiction; best interests of the child standard; habeas & prolonged detention)
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Nov 28, 2022 |
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Ep. 134 - Precedential Decisions from 11/14/2022 - 11/20/2022 (termination; good moral character; DUIs; timely filings; crime of violence; change in law; equitable tolling; due diligence; jurisdiction; CAT deferral; Iraqi Chaldean Christians)
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Nov 21, 2022 |
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Ep. 133 - Precedential Decisions from 11/1/2022 - 11/13/2022 (Welcome Capital Good Fund!; vacated criminal convictions; Matter of Thomas and Thompson; CIMT; petty offense exception; child endangerment; retroactivity; Matter of Cota-Vargas)
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Nov 14, 2022 |
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Ep. 132 - Precedential Decisions from 10/31/2022 - 11/6/2022 (deficient NTA in absentia motion to reopen; corroboration; nexus: withholding & Matter of C-T-L-, family groups; particularly serious crime; mental health)
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Nov 07, 2022 |
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Ep. 131 - Precedential Decisions from 10/24/2022 - 10/30/2022 (Colorado definition of marijuana; jurisdiction following reinstatement; jurisdiction for credible fear review; constitutional rights; particular social group s in El Salvador)
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Oct 31, 2022 |
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Ep. 130 - Precedential Decisions from 10/17/2022 - 10/23/2022 (withholding of removal; imputed gang member; CAT protection - government actors, gang-police officers, legislative history, under color of law standard, and willful blindness; credibility)
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Oct 24, 2022 |
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Ep. 129 - Precedential Decisions from 10/10/2022 - 10/16/2022 (en banc; deficient NTA; venue; stay of removal; adjustment of status; discretion; mens rea; aggravated felony theft offense; permissive inference by a jury; realistic probability test)
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Oct 17, 2022 |
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Ep. 128 - Precedential Decisions from 10/3/2022 - 10/9/2022 (doctrine of consular nonreviewability; CAT - waiver of claim & credibility; exhaustion & due process; pro se rights; § 212(c); conditional LPRs & § 237(a)(1)(H))
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Oct 10, 2022 |
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Ep. 127 - Precedential Decisions from 9/26/2022 - 10/2/2022 (motion to reopen; vacated conviction; controlled substance convictions; Federal First Offender’s Act; CIMTs; cancellation of removal - jurisdiction, VAWA, and reinstatement)
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Oct 03, 2022 |
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Ep. 126 - Precedential Decisions from 9/19/2022 - 9/25/2022 (THANK YOU PATRONS!; exhaustion; due process; asylum; past persecution; government actor; BJP; India)
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Sep 26, 2022 |
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Ep. 125 - Precedential Decisions from 9/12/2022 - 9/18/2022 (past persecution; Mann Party; India; continuances; right to present testimony; due process; prejudice; constitutional and regulatory violations)
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Sep 19, 2022 |
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Ep. 124 - Precedential Decisions from 9/5/2022 - 9/11/2022 (detention; MS-13; asylum; unable or unwilling to control private actors; non-LPR cancellation of removal; qualifying relative; NACARA; INA § 212(h) waiver)
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Sep 12, 2022 |
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Ep. 123 - Precedential Decisions from 8/29/2022 - 9/4/2022 (Interpol Red Notice; serious nonpolitical crime; categorical approach; changed country condition motion to reopen; reinstatement; clear error review; deficient NTA; stop time rule)
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Sep 05, 2022 |
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Ep. 122 - Precedential Decisions from 8/22/2022 - 8/28/2022 (divisibility; stalking; mental state; intent; expert psychological opinion; childhood trauma; credible and reasonable fear interview transcripts)
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Aug 29, 2022 |
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Ep. 121 - Precedential Decisions from 8/15/2022 - 8/21/2022 (obstruction of justice; vacated convictions; burglary; receipt of stolen property; particularly serious crime; child abuse; deficient NTAs; no notice MTRs)
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Aug 22, 2022 |
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Ep. 120 - Precedential Decisions from 8/8/2022 - 8/14/2022 (IJ bias; particularly serious crime; transgender women; CAT deferral; withholding of removal; reversing IJs; impeachment evidence; religion and clan claims)
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Aug 15, 2022 |
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Ep. 119 - Precedential Decisions from 8/1/2022 - 8/7/2022 (persecution; PSC and crime against persons; sue sponte motion to reopen; good moral character; drug trafficking; deficient NTA motions; crime of child abuse mental state)
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Aug 08, 2022 |
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Ep. 118 - Precedential Decisions from 7/25/2022 - 7/31/2022 (firearm offense; ammunition; divisibility; untimely asylum; extraordinary circumstances; legal disability; mootness: deferral & physical removal; visa waiver violators; asylum-only proceedings)
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Jul 31, 2022 |
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Ep. 117 - Precedential Decisions from 7/18/2022 - 7/24/2022 (credibility; demeanor; credible fear interview notes; equitable tolling & diligence; reinstatement & gross miscarriage of justice; deficient NTA; in absentia motion to reopen; due process)
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Jul 25, 2022 |
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Ep. 116 - Precedential Decisions from 7/1/2022 - 7/17/2022 (encourage; induce; alien smuggling; First Amendment; 8 U.S.C. § 1324(a)(1)(A)(iv); deficient NTA; claims processing rule; subject matter jurisdiction; § 1326)
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Jul 18, 2022 |
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Ep. 115 - Precedential Decisions from 7/4/2022 - 7/10/2022 (adverse credibility; inconsistencies; deficient NTA; in absentia motion to reopen; CIMT & drug trafficking; reinstatement, INA § 212(a)(9)(C), and right to counsel; CAT & clear error)
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Jul 11, 2022 |
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Ep. 114 - Precedential Decisions from 6/27/2022 - 7/3/2022 (asylum; dual nationality; credibility - impeachment & plausibility; circuit venue; stays; expedited removal & theft offenses; NACARA; cancellation; changed country condition motion to reopen)
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Jul 04, 2022 |
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Ep. 113 - Precedential Decisions from 6/20/2022 - 6/26/2022 (crime of violence; attempt; changed country conditions motion to reopen; Ethiopia; deficient NTA; timely assertion of mandatory claims processing rule; CAT protection; harm in totality; gangs)
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Jun 27, 2022 |
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Ep. 112 - Precedential Decisions from 6/13/2022 - 6/19/2022 (class action injunctions; detention; isomers; credibility; particularly serious crimes; claims processing rules; naturalization; Nicaragua; persecution; alien smuggling)
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Jun 20, 2022 |
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Ep. 111 - Precedential Decisions from 6/6/2022 - 6/12/2022 (crime of violence; non-LPR cancellation of removal; CIMT & intent to defraud; aggravated felony burglary; prison mailbox rule; restitution; crime of child abuse)
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Jun 13, 2022 |
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Ep. 110 - Precedential Decisions from 5/30/2022 - 6/5/2022 (domestic violence based asylum claims; Jaco v. Garland; unable or unwilling to protect; police reports; El Salvador, Haiti & voodoo; Patel)
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Jun 06, 2022 |
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Ep. 109 - Precedential Decisions from 5/23/2022 - 5/29/2022 (right to bear arms; crime of child abuse; likelihood of harm; credibility; IJ bias; changed country condition motion to reopen; Chinese Christians)
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May 30, 2022 |
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Ep. 108 - Precedential Decisions from 5/16/2022 - 5/22/2022 (jurisdiction to review discretionary relief; ineffective assistance of counsel; BIA dismissal; CAT & asylum - Cameroon & Somalia; credibility; agg. fel. crime of violence; deficient NTAs)
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May 23, 2022 |
|
Special Episode - The UNNJ Episode! (Interview with KKTP Partner Edward Ramos and KKTP Associate Elizabeth Montano regarding the University of Northern New Jersey and Dong v. Johnson class action settlement)
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May 19, 2022 |
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Ep. 107 - Precedential Decisions from 5/9/2022 - 5/15/2022 (particularly serious crimes: mental health & exhaustion; asylum: gangs & Mayan race; CIMT: money laundering & intent; VAWA motion to reopen; right to counsel in reasonable fear proceedings)
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May 16, 2022 |
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Ep. 106 - Precedential Decisions from 5/2/2022 - 5/8/2022 (credibility; frivolous asylum finding; deliberate fabrication; controlled substance offense; divisibility; elements; violation of a court protection order; § 237(a)(2)(E)(ii); in forma pauperis)
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May 09, 2022 |
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Ep. 105 - Precedential Decisions from 4/25/2022 - 5/1/2022 (crime of domestic violence; physical force; jurisdiction; motion to reopen: equitable tolling, ineffective assistance, and reinstatement; CAT deferral)
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May 02, 2022 |
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Ep. 104 - Precedential Decisions from 4/18/2022 - 4/24/2022 (Aaliyah The Brave!; LPR cancellation of removal; discretion; dead fish standard of review; nunc pro tunc changes to convictions; vacatur; in absentia motion to reopen)
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Apr 25, 2022 |
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Ep. 103 - Precedential Decisions from 4/11/2022 - 4/17/2022 (thank you AILA South Florida!; asylum; unable or unwilling to protect; Convention Against Torture; aggregate harm; MS-13)
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Apr 18, 2022 |
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Ep. 102 - Precedential Decisions from 4/4/2022 - 4/10/2022 (equitable tolling and appeals to the BIA; asylum; corroboration; nuclear family; attorney misconduct and sanctions; motion to vacate panel decision; administrative closure)
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Apr 11, 2022 |
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Ep. 101 - Precedential Decisions from 3/28/2022 - 4/3/2022 (transgender adults; pattern or practice of persecution; definition of conviction; CIMT; CAT protection; Interpol Red Notice; terrorism weapons bar)
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Apr 04, 2022 |
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Special Episode - Interview with Elizabeth "Betty" Stevens (Article 1 Immigration Court; Immigration Law Section of the Federal Bar Association (FBA); consular work in Ethiopia; OIL District Court Section; testifying before Congress)
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Mar 31, 2022 |
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Ep. 100!!! - Precedential Decisions from 3/21/2022 - 3/27/2022 (TPS; Florida possession of marijuana; realistic probability test; waivers; jurisdiction; habeas; INA § 237(a)(1)(H) waiver; deceased qualifying relative)
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Mar 28, 2022 |
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Ep. 99 - Precedential Decisions from 3/14/2022 - 3/20/2022 (aggravated felony theft; larceny; CIMT; divisibility; dwelling; motion to reopen; mental competency; good moral character)
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Mar 21, 2022 |
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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))
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Mar 14, 2022 |
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Ep. 97 - Precedential Decisions from 2/28/2022 - 3/6/2022 (advance parole & TPS; clear error; law relating to obstruction of justice; changed country conditions; non-LPR cancellation; deficient NTA & VD; nexus & family-based PSG; asylum deadline)
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Mar 07, 2022 |
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Ep. 96 - Precedential Decisions from 2/21/2022 - 2/27/2022 (CIMT; false statement; § 209(b) adjustment of status; standards of review; termination & evidence of alienage; exceptional circumstances; frivolous asylum)
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Feb 28, 2022 |
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Ep. 95 - Precedential Decisions from 2/14/2022 - 2/20/2022 (biometrics notice; CIMTs; administrative removal orders; exhaustion; South Sudan Convention Against Torture)
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Feb 21, 2022 |
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Ep. 94 - Precedential Decisions from 2/7/2022 - 2/13/2022 (aggravated felony; adverse credibility; discretion; in absentia reopening; applicant for admission; CAT & relocation; deficient notice of referral; one year deadline; particularly serious crime)
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Feb 14, 2022 |
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Special Episode - Interview with The Joyful Attorney: Laura Kelley (Mindfulness; Personal Coaching; Organization; Time Management; Imposter Syndrome; Self-Worth; Immigration Lawyering)
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Feb 10, 2022 |
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Ep. 93 - Precedential Decisions from 1/31/2022 - 2/6/2022 (reasonable fear review; Chinese Christians & asylum; deficient NTAs & in absentia removal order reopening; circumstance specific approach; amount of loss; forfeiture; particularly serious crime)
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Feb 07, 2022 |
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Ep. 92 - Precedential Decisions from 1/24/2022 - 1/30/2022 (burdens; improper fact finding; adverse credibility; aggravated felony theft offense; motion to reopen; equitable tolling; law relating to a controlled substance; cocaine isomers; divisibility)
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Jan 31, 2022 |
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Ep. 91 - Precedential Decisions from 1/17/2022 - 1/23/2022 (aggravated felony theft offense; realistic probability test; divisibility; controlled substance offense; in absentia motion to reopen; recklessness; res judicata; CIMT; admission)
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Jan 24, 2022 |
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Ep. 90 - Precedential Decisions from 1/10/2022 - 1/16/2022 (explicit adverse credibility; Gang Assessment Database; INA § 209(c) waiver; reliability of government evidence; reasonable relocation; ineffective assistance; notice to minors; maliciousness)
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Jan 17, 2022 |
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Ep. 89 - Precedential Decisions from 1/3/2022 - 1/9/2022 (continuance; U-visa; prosecution witness and particularity; particularly serious crime; Texas Assault - Family Violence; res judicata; adjustment of status and discretion; administrative notice)
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Jan 10, 2022 |
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Ep. 88 - Precedential Decisions from 12/27/2021 - 1/2/2022 (bond; class-wide injunction; burdens; personal use exception under INA § 237(a)(2)(B)(i); conviction under INA § 101(a)(48); circumstance specific approach)
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Jan 03, 2022 |
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Ep. 87 - Precedential Decisions from 12/20/2021 - 12/26/2021 (political persecution in Congo; VAWA motion to reopen; criminal bars to cancellation; habeas, in custody, and deportation; due process; CIMT and marijuana)
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Dec 27, 2021 |
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Ep. 86 - Precedential Decisions from 12/13/2021 - 12/19/2021 (withdrawal application for admission; exceptional & extremely unusual hardship; CAT & Haitian criminal deportees; R-K-K- & inter-proceedings evidence; IJ bias; reinstatement & illegal reentry)
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Dec 20, 2021 |
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Ep. 85 - Precedential Decisions from 12/6/2021 - 12/12/2021 (aggravated felony; separate and apart bond proceedings; harmless error; gender-based asylum; particularity; deficient NTA)
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Dec 13, 2021 |
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Ep. 84 - Precedential Decisions from 11/29/2021 - 12/5/2021 (domestic violence-based asylum; obstruction of justice aggravated felony; adverse credibility; IJ authority on remand; motion to reopen: reinstatement and deficient NTAs)
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Dec 06, 2021 |
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Special Episode - Interview with Jed Kurzban, Managing Partner of KKTP (background; How Justice is Served; deposition best practices; direct and cross-examination; expert witness strategy; law firm management)
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Dec 02, 2021 |
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Ep. 83 - Precedential Decisions from 11/22/2021 - 11/28/2021 (changed country condition motions to reopen; OSC and stop-time rule; asylum, fundamental change in conditions, and political parties)
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Nov 29, 2021 |
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Ep. 82 - Precedential Decisions from 11/15/2021 - 11/21/2021 (pattern/practice persecution; reasoned consideration; particularly serious crime - drug trafficking; agg. fel. crime of violence; OSC in absentia reopening; reconsideration - change in law)
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Nov 22, 2021 |
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Ep. 81 - Precedential Decisions from 11/8/2021 - 11/14/2021 (CAT protection; credibility; totality of evidence; reinstatement; gross miscarriage of justice)
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Nov 15, 2021 |
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Ep. 80 - Precedential Decisions from 11/1/2021 - 11/7/2021 (stop-time rule and deficient NTAs; continuance and right to counsel; exhaustion; asylum, nexus, and credibility; L nonimmigrant visas & executive; CIMT - constitutionality and mens rea)
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Nov 08, 2021 |
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Ep. 79 - Precedential Decisions from 10/25/2021 - 10/31/2021 (equitable tolling & BIA appeals; doctrine of consular nonreviewability; gender-based PSGs and gender violence; pro se asylum; "recent deportees" & CAT; standards of review)
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Nov 01, 2021 |
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Ep. 78 - Precedential Decisions from 10/18/2021 - 10/24/2021 (Fraihat; termination of proceedings; IJ authority; adverse credibility; inconsistency; reporting to police)
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Oct 25, 2021 |
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Special Episode - Interview with Bashir Ghazialam (Afghanistan; personal story; refugee resettlement; how to assist the people of Afghanistan)
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Oct 21, 2021 |
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Ep. 77 - Precedential Decisions from 10/11/2021 - 10/17/2021 (cumulative persecution analysis; I-130 and bonafide marriage; controlled substance offense and drug trafficking aggravated felony; divisibility; deficient NTA)
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Oct 18, 2021 |
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Ep. 76 - Precedential Decisions from 10/4/2021 - 10/10/2021 (economic persecution; waiver of argument; deficient NTA; Valdivia-Flores, accomplice liability, and crimes of violence; past persecution and failure to report; CAT and cumulative harm)
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Oct 11, 2021 |
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Ep. 75 - Precedential Decisions from 9/27/2021 - 10/3/2021 (deficient NTA; in absentia motion to reopen ; Niz Chavez; due process; pro se appeals; summary dismissal)
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Oct 04, 2021 |
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Ep. 74 - Precedential Decisions from 9/20/2021 - 9/26/2021 (nexus; Yemen; motion to reopen - changed country conditions, sua sponte, exceptional circumstances; NTA deficiencies; parole; accomplice & categorical approach; credibility)
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Sep 27, 2021 |
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Ep. 73 - Precedential Decisions from 9/13/2021 - 9/19/2021 (INA § 212(h) waiver; admission; lawfully admitted for permanent residence; fundamental fairness; INA § 240(b)(4)(B); probativeness of evidence; DHS burdens; hearsay evidence)
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Sep 20, 2021 |
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Ep. 72 - Precedential Decisions from 9/6/2021 - 9/12/2021 (detention; Joseph hearing; habeas; crimes of violence; divisibility; post-conviction relief; CIMT; crime of child abuse, abandonment, or neglect; mental health; reinstatement; credibility)
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Sep 13, 2021 |
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Ep. 71 - Precedential Decisions from 8/30/2021 - 9/5/2021 (aggravated felony and "alien"; credibility and Pidgin English; inconsistencies; derivative citizenship; CAT and willful blindness in Honduras)
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Sep 06, 2021 |
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Ep. 70 - Precedential Decisions from 8/23/2021 - 8/29/2021 (adverse credibility; reasonable fear proceedings & right to counsel; crime involving moral turpitude & retroactivity; asylum - relocation, particularly serious crime & past persecution)
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Aug 30, 2021 |
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Ep. 69 - Precedential Decisions from 8/16/2021 - 8/22/2021 (categorical approach; jurisdiction; expedited removal; due process; false claim; credibility; serious nonpolitical crime bar; particular social group)
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Aug 23, 2021 |
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Ep. 68 - Precedential Decisions from 8/9/2021 - 8/15/2021 (cancellation of removal; NACARA; convention against torture; government acquiescence; continuance; U visa; motion to reopen; changed country conditions; motion to reconsider; change in law)
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Aug 16, 2021 |
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Ep. 67 - Precedential Decisions from 8/2/2021 - 8/8/2021 (categorical approach; CIMT; particularly serious crime; particular social group; issue exhaustion; burdens of proof; motions to reopen; jurisdiction)
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Aug 09, 2021 |
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Ep. 66 - Precedential Decisions from 7/26/2021 - 8/1/2021 (DHS stipulations; crime of child abuse; divisibility & burdens; + $10,000 agg. fel.; jurisdiction & discretion; issue exhaustion; VAWA cancellation; nexus; adverse credibility)
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Aug 02, 2021 |
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Ep. 65 - Precedential Decisions from 7/19/2021 - 7/25/2021 (genocide; Rwanda; material misrepresentation; equity; latches; due process; non-LPR cancellation of removal; exceptional and extremely unusual hardship; change in IJ)
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Jul 26, 2021 |
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Ep. 64 - Precedential Decisions from 7/12/2021 - 7/18/2021 (administrative closure; reasonable fear review; termination; adverse credibility; IJ bias; motion to reopen; collateral estoppel; material support of terrorism; realistic probability test)
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Jul 19, 2021 |
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Ep. 63 - Precedential Decisions from 7/5/2021 - 7/11/2021 (jurisdiction; non-LPR cancellation of removal; particular social group; gangs; tattoos; admission; voluntary departure; aggravated felony - INA § 101(a)(43)(R); California forgery)
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Jul 12, 2021 |
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Ep. 62 - Precedential Decisions from 6/28/2021 - 7/4/2021 (detention; in absentia motion to reopen; particular social group - gangs; family based particular social group; child abuse; divisibility; defective NTA; conviction)
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Jul 05, 2021 |
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Ep. 61 - Precedential Decisions from 6/21/2021 - 6/27/2021 (defective NTA; Special Immigrant Juvenile status; < 30 grams marijuana; circumstance specific approach; conviction; changed country condition motion to reopen; voluntary departure; particularity)
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Jun 28, 2021 |
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Ep. 60 - Precedential Decisions from 6/14/2021 - 6/20/2021 (asylum; particular social group; domestic violence; family group; regulations; family unification; withholding; changed country condition & sua sponte motion to reopen)
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Jun 21, 2021 |
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Ep. 59 - Precedential Decisions from 6/7/2021 - 6/13/2021 (TPS; admission; crime of violence elements clause; recklessness; one year filing deadline & changed circumstances; CIMT & petty larceny; due process & venue; standard of review & CAT deferral)
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Jun 14, 2021 |
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Ep. 58 - Precedential Decisions from 5/31/2021 - 6/6/2021 (adverse credibility; administrative closure; Kisor deference; past persecution; new regulations; sua sponte motion to reopen; departure bar; nexus)
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Jun 07, 2021 |
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Ep. 57 - Precedential Decisions from 5/24/2021 - 5/30/2021 (illegal reentry convictions; IJ duty to develop record; MS-13; past torture; returning LPR applicant for admission; hardship; reason to believe drug trafficking)
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May 31, 2021 |
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Ep. 56 - Precedential Decisions from 5/17/2021 - 5/23/2021 (membership in Tier III terrorist organization; issue preclusion; fugitive disentitlement doctrine; unable/unwilling; complete helplessness; INA § 101(a)(43)(D); derivative citizenship)
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May 24, 2021 |
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Special Episode - Interview with John Pratt, Partner at KKTP (personal and professional background; exploding briefcases; EB-5 visas; regional center program; AILA national elections)
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May 22, 2021 |
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Ep. 55 - Precedential Decisions from 5/10/2021 - 5/16/2021 (derivative citizenship; in absentia motion to reopen; extraordinary circumstances; preconclusion voluntary departure; evidence of conviction; termination of asylum and "danger"; past persecution)
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May 17, 2021 |
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Ep. 54 - Precedential Decisions from 5/3/2021 - 5/9/2021 (administrative closure; reinstatement; aggravated felony theft; abandonment of asylum application; CIMT within five years of admission; Chevron deference; TPS, admission & statutory construction)
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May 10, 2021 |
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Ep. 53 - Precedential Decisions from 4/26/2021 - 5/2/2021 (cancellation of removal; stop-time rule; statutory interpretation; pardons; former INA 212(c) relief; U-Visa waivers; controlled substance divisibility)
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May 03, 2021 |
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Ep. 52 - Precedential Decisions from 4/19/2021 - 4/25/2021 (one year anniversary!!!!! - assault; aggravated felony; crime of violence; 18 U.S.C. 16(a))
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Apr 26, 2021 |
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Ep. 51 - Precedential Decisions from 4/12/2021 - 4/18/2021 (conditional lawful permanent resident; willful misrepresentation; pardons; possession of marijuana; divisibility; crime of child abuse, neglect, or abandonment; reasonable fear interview)
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Apr 19, 2021 |
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Ep. 50 - Precedential Decisions from 4/5/2021 - 4/11/2021 (particular social groups; reinstatement; Cuban journalists; nexus; antique firearm; realistic probability; CIMT; factfinding)
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Apr 12, 2021 |
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Special Episode - Interview with Helena Tetzeli, Partner at KKTP (immigration practice over the years, inspiration to become an attorney, employment visas, and advice for new lawyers)
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Apr 08, 2021 |
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Ep. 49 - Precedential Decisions from 3/29/2021 - 4/4/2021 (aggravated felony; statutory interpretation; CIMT - conspiracy, operating motor vehicle, and theft offenses; divisibility; res judicata; EAJA fees)
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Apr 05, 2021 |
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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)
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Mar 29, 2021 |
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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)
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Mar 22, 2021 |
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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)
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Mar 15, 2021 |
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Ep. 45 - Precedential Decisions from 2/29/2021 - 3/7/2021 (burdens; categorical approach; relief from removal; asylum; family affidavits; motion to reopen and VAWA cancellation of removal; asylum and firm resettlement bar; threats)
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Mar 08, 2021 |
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Ep. 44 - Precedential Decisions from 2/16/2021 - 2/28/2021 (INA § 245(i); meritorious in fact; VAWA cancellation; presumption of credibility; political opinion - gangs; protective orders; particularly serious crime; controlled substance divisibility)
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Mar 01, 2021 |
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Ep. 43 - Precedential Decisions from 2/15/2021 - 2/21/2021 (particularly serious crime; firearms trafficking; nexus for asylum; mixed motive; "one reason" for withholding; Mexico)
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Feb 22, 2021 |
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Ep. 42 - Precedential Decisions from 2/8/2021 - 2/14/2021 (asylum; particular social group; nexus; particularly serious crime; mental health; adverse credibility; torture - "rogue official," solitary confinement; motion to reopen - OSC)
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Feb 15, 2021 |
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Ep. 41 - Precedential Decisions from 2/1/2021 - 2/7/2021 (serious non-political crime; Red Notice; probable cause; jurisdiction; non-LPR cancellation of removal; corroboration; credibility; reinstatement; illegal reentry)
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Feb 08, 2021 |
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Ep. 40 - Precedential Decisions from 1/25/2021 - 1/31/2021 (particular social group; particularity; former gang members; past persecution - attempted rape; voluntary departure; stop-time rule; CIMT; continuance, U-Visa, and motion to reopen)
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Feb 01, 2021 |
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Special Episode - Interview with Ed Ramos, Partner at KKTP (jurisdiction, discretion, petitions for review, and petitions for certiorari)
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Jan 27, 2021 |
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Ep. 39 - Precedential Decisions from 1/18/2021 - 1/24/2021 (divisibility of drug offenses; different penalties; motions to reopen; equitable tolling; exhaustion)
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Jan 25, 2021 |
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Ep. 38 - Precedential Decisions from 1/5/2021 - 1/17/2021 (asylum; unable or unwilling to protect; nexus; past persecution; reasonable fear; exceptional circumstances for reopening; admin closure; repapering)
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Jan 18, 2021 |
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Ep. 37 - Precedential Decisions from 1/4/2021 - 1/10/2021 (adverse credibility and fraudulent documents; particular social groups - women and domestic violence; equitable tolling; jurisdiction, reviewability, and questions of law + fact)
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Jan 11, 2021 |
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Ep. 36 - Precedential Decisions from 12/28/20 - 1/3/2021 (mootness; Special Agricultural Worker program (SAW); crime of violence aggravated felony; INA § 101(a)(43)(M)(i) aggravated felony; +$10,000 amount of loss)
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Jan 04, 2021 |
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Special Episode - Interview with the Student Clinic for Immigrant Justice (SCIJ)
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Dec 30, 2020 |
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Ep. 35 - Precedential Decisions from 12/21/20 - 12/27/2020 (crimes of child abuse/neglect/abandonment; conspiracy to commit INA 101(a)(43)(M)(i) agg. fel.; changed country condition motions to reopen; particular social group - nexus and cognizability)
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Dec 28, 2020 |
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Ep. 34 - Precedential Decisions from 12/14/20 - 12/20/2020 (expert testimony; asylum - nexus; reasonable relocation; motion to reopen based on change of law; CIMT and recklessness)
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Dec 21, 2020 |
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Ep. 33 - Precedential Decisions from 12/7/20 - 12/13/2020 (attorney admissions and concessions; credible fear jurisdiction; CAT; authenticating foreign official documents)
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Dec 14, 2020 |
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Ep. 32 - Precedential Decisions from 11/30/20 - 12/6/2020 (motions to reopen: ineffective assistance of counsel and reinstatement; U-Visas; abandonment of LPR status)
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Dec 07, 2020 |
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Ep. 31 - Precedential Decisions from 11/23/20 - 11/29/20 (TPS; admission; adjustment of status; past persecution; administrative closure; exhaustion; CAT; reinstatement)
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Nov 30, 2020 |
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Special Episode - Interview with retired Immigration Judge Zsa Zsa DePaolo
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Nov 27, 2020 |
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Ep. 30 - Precedential Decisions from 11/16/20 - 11/22/20 (motion to reopen; ineffective assistance of counsel and prejudice; expert testimony; gang activity; convention against torture)
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Nov 23, 2020 |
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Ep. 29 - Precedential Decisions from 11/9/20 - 11/15/20 (motion to reopen; frivolous asylum finding; burdens at relief stage; aggravated felony +$10,000; corroboration)
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Nov 16, 2020 |
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Ep. 28 - Precedential Decisions from 11/2/20 - 11/8/20 (persecutor bar; history of asylum; stop-time rule and vacated convictions; particular social group)
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Nov 09, 2020 |
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Ep. 27 - Precedential Decisions from 10/26/20 - 11/1/20 (marriage fraud; detention; PSG and circularity; equitable tolling; TPS; drug trafficking aggravated felony; retroactive affect of sentence reduction)
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Nov 02, 2020 |
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Ep. 26 - Precedential Decisions from 10/19/20 - 10/25/20 (aggravated felony: sexual abuse of a minor, CIMT, categorical approach, bars to cancellation of removal, age-out for cancellation of removal)
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Oct 26, 2020 |
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Ep. 25 - Precedential Decisions from 10/12/20 - 10/18/20 (material support of terrorism, family-based PSG + nexus, categorical approach - drug trafficking and CIMTs, credibility)
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Oct 19, 2020 |
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Special Episode - The Immigration Lawyers Podcast by John Khosravi feat. Kevin A. Gregg
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Oct 15, 2020 |
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Ep. 24 - Precedential Decisions from 10/5/20 - 10/11/20 (LPR cancellation of removal, immigration relief and criminal convictions, DHS authority to charge, IJ duty to advise of asylum)
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Oct 12, 2020 |
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Ep. 23 - Precedential Decisions from 9/28/20 - 10/4/20 (preliminary injunction, executive authority, USCIS fees, jurisdictional bars to review, asylum, particular social group, unable and unwilling)
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Oct 05, 2020 |
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Ep. 22 - Precedential Decisions from 9/21/20 - 9/27/20 (asylum, particular social group, nexus, expert testimony, inadmissibility and applicants for admission, continuances, police reports, ineffective assistance of counsel)
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Sep 28, 2020 |
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Ep. 21 - Precedential Decisions from 9/14/20 - 9/20/20 (RBG, TPS, particularly serious crime, aggravated felony - sexual abuse and receipt of stolen property, asylum-only and stowaways, CIMT - assault, asylum)
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Sep 21, 2020 |
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Ep. 20 - Precedential Decisions from 9/7/20 - 9/13/20 (deferral of removal, mental health institutions, standard of review, Mexico, El Salvador, asylum, unable or unwilling to control gangs)
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Sep 14, 2020 |
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Ep. 19 - Precedential Decisions from 8/31/20 - 9/6/20 (continuances, due process, material support of terrorism bar, unable or unwilling to protect - asylum, deferral of removal - religious conversion, VAWA cancellation of removal)
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Sep 07, 2020 |
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Ep. 18 - Precedential Decisions from 8/24/20 - 8/30/20 (adverse credibility; omissions; motions to reopen: asylum, equitable tolling, and VAWA; aggravated felony perjury; reasonable fear interview)
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Aug 31, 2020 |
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Ep. 17 - Precedential Decisions from 8/17/20 - 8/23/20 (aggravated felony, fraud or deceit over $10,000, sexual abuse of a minor, crime of violence, drug CIMTs, derivative citizenship, jurisdiction-stripping provisions, false claim to U.S. citizenship)
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Aug 24, 2020 |
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Ep. 16 - Precedential Decisions from 8/10/20 - 8/16/20 (asylum, reasonable relocation, aggravated felony, murder, CIMT, "admission," VAWA, sua sponte motion to reopen, incorrect charges in NTA, particular social groups, pattern and practice)
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Aug 17, 2020 |
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Ep. 15 - Precedential Decisions from 8/3/20 - 8/9/20 (aggravated felony offense relating to obstruction of justice, Matter of A-B-, domestic violence, Chevron deference, in absentia motions to reopen, TPS, crime of child abuse, circuit review)
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Aug 10, 2020 |
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Ep. 14 - Precedential Decisions from 7/28/20 - 8/2/20 (AG's categorical approach for aggravated felonies; CIMT; controlled substance divisibility; asylum; China; Sri Lanka; Albania; India; CAT deferral; Iraq; South Sudan)
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Aug 03, 2020 |
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Ep. 13 - Precedential Decisions from 7/20/20 - 7/27/20 (divisibility, drug delivery, derivative citizenship, drug trafficking, CAT, particularly serious crimes, corroboration, TPS & admissions, asylum, credibility, prosecution vs. persecution)
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Jul 27, 2020 |
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Special Episode - "ReThinking" Immigration by Bill Crocker feat. Kevin A. Gregg
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Jul 25, 2020 |
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Ep. 12 - Precedential Decisions from 7/13/20 - 7/19/20 (CAT, public official, MPP, motion to suppress, PSG, former gang members, changed country conditions, firearms offense, CIMT, LPR cancellation, stop-time rule, retroactivity)
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Jul 20, 2020 |
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Ep. 11 - Precedential Decisions from 7/6/20 - 7/12/20 (challenging USCIS denials, changed country conditions, 212(h) waiver, inspection and admission, CIMT, petty theft, realistic probability test, firearms offense)
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Jul 13, 2020 |
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Ep. 10 - Precedential Decisions from 6/29/20 - 7/5/20 (third-country transit rule, derivative citizenship, refugee status, particular social groups, & an exciting announcement!)
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Jul 06, 2020 |
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Ep. 9 - Precedential Decisions from 6/22/20 - 6/28/20 (credible fear habeas corpus, administrative closure, CIMT, aggravated felony, in absentia motion to reopen, changed country conditions, CAT)
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Jun 29, 2020 |
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Special Episode - Featuring author & founder of KKTP, Ira J. Kurzban, on SCOTUS's DACA decision, the history of DACA and the APA, their practical implications, and Immigrants' List
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Jun 25, 2020 |
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Ep. 8 - Precedential Decisions from 6/15/20 - 6/21/20 (DACA, K-1 fiance visa, right to counsel, visa waiver program, PSG)
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Jun 22, 2020 |
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Ep. 7 - Precedential Decisions from 6/8/20 - 6/14/20 (controlled substance, realistic probability test, CAT, changed country condition motions to reopen, unaccompanied alien minor)
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Jun 15, 2020 |
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Ep. 6 - Precedential Decisions from 6/1/20 - 6/7/20 (Torture Convention, due process, derivative citizenship, CIMT, ineffective assistance of counsel)
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Jun 08, 2020 |
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Ep. 5 - Precedential Decisions from 5/25/20 - 5/31/20 (firearms offense, CIMT, controlled substance, aggravated felony crime of violence, asylum)
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Jun 01, 2020 |
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Ep. 4 - Precedential Decisions from 5/18/20 - 5/24/20 (asylum, withholding of removal, domestic violence, pardons, ineffective assistance of counsel, u-visa)
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May 25, 2020 |
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Ep. 3 - Precedential Decisions from 5/11/20 - 5/17/20 (sua sponte motion to reopen, agency deference, jurisdiction, retroactivity, CIMT, evidence, due process, asylum)
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May 18, 2020 |
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Ep. 2 - Precedential Decisions from 5/1/20 - 5/10/20 (categorical approach, aggravated felony, controlled substance, CIMT, asylum, MPP, NTA)
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May 10, 2020 |
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Ep. 1 - Precedential Decisions from 3/25/20 - 5/1/20 (cancellation of removal, adjustment of status, motion to reopen, asylum, ineffective assistance of counsel)
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May 05, 2020 |