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Immigration Review

Kevin A. Gregg, Esq. (kgregg@kktplaw.com)

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Εβδομαδιαία
 
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 h ...
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The End of Tourism

Chris Christou

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Welcome to the End of Tourism, a podcast about wanderlust, exile, and radical hospitality. For some, tourism can entail learning, freedom, and financial survival. For others, it means the loss of culture, land, and lineage. Our conversations explore the unauthorized histories and consequences of modern travel. They are dispatches from the resistance. Hosted by Chris Christou. chrischristou.substack.com
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Bad Rabbi Media

Rabbi Charlie Buckholtz

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What does it mean to be a spiritual leader at this critical and chaotic moment in human history? Rabbi Charlie Buckholtz conducts intimate long-form interviews with other rabbis and culture-carriers, change-agents and court-jesters. On topics ranging from spiritual resistance to disorganized religion to Israel/Palestine to creativity to the possibility of individual and collective change, their lively journeys and conversations offer insight, humor, rare perspective and at times rank absurdi ...
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Ishkaran Singh Bhandari Conversations

Ishkaran Singh Bhandari

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Ishkaran Singh Bhandari is a legal expert, a lawyer, researcher, and a political analyst based in New Delhi. As a lawyer he has appeared in many prominent and major cases exposing the corrupt for example in National Herald and Sunanda Pushkar Murder case. He was a petitioner in the Nirbhaya Delhi Gang Rape case. Bhandari has been quite vocal about challenging the juvenile justice Act, 2000. He was also working towards bail for Sant Shri Asaram Bapu Case. He has been working very religiously ...
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Mouns v. Garland, No. 22-1368 (4th Cir. Aug. 28, 2024) changed country condition motion to reopen; L-O-G-; prima facie standard; Coelho; reasonable likelihood; Yemen Matter of D. Rodriguez, 28 I&N Dec. 815 (BIA 2024) attempt; crimes of child abuse, neglect, or abandonment; context; statutory interpretation; Congressional silence; Texas attempt; Tx …
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Aben v. Garland, No. 20-60937 (5th Cir. Aug. 20, 2024) Asylum; withholding of removal; CAT; imputed political opinion; substantial evidence; past persecution; nexus; corroborating evidence; Anglophone; Cameroon Sponsors and friends of the podcast! Kurzban Kurzban Tetzeli and Pratt P.A. Immigration, serious injury, and business lawyers serving clien…
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Bent v. Garland, No. 22-1910 (9th Cir. Aug. 15, 2024) Cal. Pen. Code § 1473.7(a)(1); equitably tolling for motion to reopen where criminal conviction vacated; due diligence; extraordinary circumstance United States v. Manzano, No. 23-6073 (10th Cir. Aug. 13, 2024) generic definition of murder; Oklahoma second degree murder in violation of Okla. Sta…
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On this episode, my guests are Jesse Mann (editor-director) and Tyson Sadler (director), the brains behind the documentary The Last Tourist. Jesse is both a picture editor and director whose professional work has spanned commercial, tv and film projects. The Last Tourist is her second feature film as editor. Her first film, as both editor and direc…
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Intro + Nakka, et al. v. USCIS (CA9) and United States v. Valdivias-Soto (CA9) Indian derivative visas and CSPA; translation errors in removal proceedings and right to counsel United States v. Munoz, No. 22-11574 (11th Cir. Aug. 7, 2024) denaturalization; clearly erroneous; collateral estoppel; judicial estoppel; date of conspiracy and other crimin…
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Save Jobs USA v. DHS, No. 23-5089 (D.C. Cir. Aug. 2, 2024) challenging DHS regulations; Washtech; H-4 employment authorization; Major Questions Doctrine; star decisis Jani v. Garland, No. 22-1397 (1st Cir. July 30, 2024) material support of terrorism bar to asylum; fundamental fairness and due process; indiscernible transcript Jemaah Islamiya; appe…
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Shen v. Garland, No. 16-71315 (9th Cir. July 24, 2024) administrative notice of foreign law; forced abortion; 2003 change in law for Chinese premarital checkups; exhaustion of sub-arguments; Alam; credibility; mistaken memory may lead to change in testimony; DHS misstating facts on cross-examination Colin-Villavicencio v. Garland, No. 22-507 (9th C…
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All about Ira Kurzban and Immigrants' List: Attorney Profile: https://www.kktplaw.com/attorney/kurzban-ira-j-esq/ Get involved with Immigrants' List: https://www.immigrantslist.org/ Order Kurzban's Immigration Law Sourcebook: https://www.aila.org/shop/products/view/kurzbans-immigration-law-sourcebook Sponsors and friends of the podcast! Kurzban Kur…
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Paye v. Garland, No. 23-1426 (1st Cir. July 17, 2024) flight from ethnic cleansing and genocide as past persecution; INA § 242(a)(2)(C) jurisdiction Ramos-Gutierrez v. Garland, No. 23-1885 (1st Cir. July 18, 2024) particularly social group; nexus; circularity; example of what happens when you report on gangs in El Salvador Ortega-Cordova v. Garland…
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On this episode, my guest is Sean P. Smith, an Assistant Professor in the Department of Culture Studies at Tilburg University in the Netherlands. Much of his research has focused on the relationship between social media and tourism, and how colonial histories shape today’s ideologies and visual cultures of travel. The inequalities that result from …
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Azumah v. USCIS, No. 22-2175 (4th Cir. July 9, 2024) naturalization; lawfully admitted for permanent residence; 8 C.F.R. § 316.2(b); applicant for admission Bador v. Garland, No. 22-6492 (2d Cir. July 11, 2024) INA § 237(a)(1)(H) waiver; conditional permanent resident; INA § 216(c)(4)(B); I-751; Vasquez v. Holder; bonafide marriage; Matter of Bador…
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All about Eric Lee: Law Firm Website (Diamante Law): https://www.diamantelaw.com/meet-our Email: elee@diamantelaw.com Sponsors and friends of the podcast! Kurzban Kurzban Tetzeli and Pratt P.A. Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years. Docketwise "Modern immig…
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Gutierrez v. Garland, Nos., 22-554, 21-130 (9th Cir. July 2, 2024) carjacking in violation of Cal. Pen. Code § 215(a); aggravated felony crime of violence; crime involving moral turpitude; statute silent on mens rea; Borden; California robbery; res judicata Cruz Galicia v. Garland, No. 23-1910 (1st Cir. July 1, 2024) climate refugees; particular so…
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Links!!!! All about AILA All about Farshad All about Kelli Farshad's AILA Annual Conference 2024 Speech Kelli's AILA Annual Conference 2024 Speech Sponsors and friends of the podcast! Kurzban Kurzban Tetzeli and Pratt P.A. Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 ye…
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Guardian article on Honduras Loper Bright Enterprises v. Raimondo, No. 22-451 (U.S. June 28, 2024) deference to agencies; APA; Chevron; star decisis Santiago Lopez v. Garland, No. 23-2081 (7th Cir. June 24, 2024) non-LPR cancellation of removal; Wilkinson; discretionary determination; procedural vs. substantive challenge; timelines of deficient NTA…
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Department of State v. Munoz, No. 23-334 (U.S. June 21, 2024) fundamental right to live with one’s spouse in the United States; due process; doctrine of consular nonreviewability Matter of H-C-R-C-, 28 I&N Dec. 809 (BIA 2024) lawful sanction cannot defeat the CAT; prison rape; credibility Garcia Cortes v. Garland, No. 22-1930 (4th Cir. June 17, 202…
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Campos-Chaves v. Garland, No. 22-674 (U.S. June 14, 2024) in absentia motion to reopen; deficient NTA; statutory interpretation; Notice of Hearing; INA § 239(a)(2); “change”; “new”; “any” United States v. Venjohn, No. 23-8028 (10th Cir. June 10, 2024) crime of violence; Colorado Stat. § 18-3-206; state appellate case law binds for categorical appro…
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Caselaw Housekeeping South Carolina domestic violence (4th Cir.); Afghan and Iraqi Allies, et al. v. Blinken, et al (D.C. Cir.); Jajati v. CBP (9th Cir.) Smith v. Garland, No. 22-954 (9th Cir. June 3, 2024) authentication of domestic records; 8 C.F.R. § 287.6; exhaustion; government failure to raise argument; CAT protection; Guyana Smith v. Garland…
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On this episode, my guest is Manish Jain, a man deeply committed to regenerating our diverse local knowledge systems, cultural imaginations and inter-cultural dialogue. Inspired by MK Gandhi, Rabindranath Tagore, Ivan Illich, his illiterate village grandmother, his unschooled daughter, indigenous communities and Jain spiritual philosophy, he is one…
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Huynh v. Garland, No. 23-1318 (8th Cir. May 28, 2024) sexual abuse of a minor aggravated felony; possession of child pornography; INA § 101(A)(43)(a); Iowa Code § 728.12(3); INA § 101(a)(43)(L); CIMT; realistic provability and case exemplars Lopez-Sorto v. Garland, No. 21-2107 (4th Cir. May 31, 2024) CAT protection; mootness and physical removal; I…
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Brown v. United States, No. 22-6389 (U.S. May 23, 2024) sentence enhancement; ACCA; Pennsylvania marijuana; Florida cocaine; categorical approach point of comparison Matter of M-N-I-, 28 I&N Dec. 803 (BIA 2024) choice of law; change of venue; Matter of Garcia; administrative control court; notice of hearing Tulung v. Garland, No. 23-2430 (1st Cir. …
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Show Notes John Urry’s The Tourist Gaze Photography The Senses Surveillance and Artificial Intelligence (AI) Spectacle Homework Transcript Welcome friends to Season Zero of the End of Tourism podcast. In these mini-episodes, you'll hear short transmissions speaking to the principles of the pod. We'll introduce you, our listeners, to the themes and …
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Sorto-Vasquez Kidd, et al. v. Mayorkas, et al., (C.D. Cal. May 15, 2024) knock and arrest; knock and talk; curtilage; Fourth Amendment; injunctive relief; vacating ICE policy and practice; Aleman Gonzalez; INA § 242(f) Matter of Furtado, 28 I&N Dec. 794 (BIA 2024) Hague Act Adoption and I-130; exceptions; internal USCIS policy; Central Authority le…
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Suate-Orellana v. Garland, No. 19-72446 (9th Cir. May 7, 2024) deficient NTA; reinstatement; exhaustion; claims processing rule; INA § 241(a)(5) not jurisdictional; Santos-Zacaria and clearly irreconcilable precedent Galvez-Vicencio v. Garland, No. 23-3018 (8th Cir. May 6, 2024) reasonable fear review; family based particular social group; fear of …
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Sanchez-Perez v. Garland, No. 23-3004 (6th Cir. Apr. 30, 2024) misdemeanor domestic assault under Tenn. Code Ann. § 39-13-111; crime of domestic violence; physical force; mental harms; bodily injury; United Staes v. Castleman Saleh v. Garland, No. 22-3036 (6th Cir. May 2, 2024) expert witness; attorney concessions; holistic approach to aggregate CA…
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Queen v. United States, No. 22-30294 (5th Cir. Apr. 24, 2024) FTCA; prisoner claims; de minimis harm Ndlovu v. Garland, No. 23-2208 (7th Cir. Apr. 25, 2024) justification; Patel; colorable question of law; time limit on discretion Rangel-Fuentes v. Garland, No. 23-9511 (10th Cir. Apr. 23, 2024) qualifying relative; non-LPR cancellation of removal; …
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On this episode, my guests are Martin Lena and Linda Poppe of Survival International. They join me to discuss “fortress conservation” in the Congo, the issues facing Kahuzi-Biega National Park, and the recent victories of Survival International there. Linda is a political scientist and director of the Berlin office of Survival International, the gl…
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Bristow v. Mayorkas, No. 22 C 991 (N.D. Ill. Mar. 28, 2024) I-130; sham marriage; overcoming INA § 204(c); persuasiveness of affidavits Olmedo Martinez v. Garland, No. 23-9593 (10th Cir. Apr. 16, 2024) non-LPR cancellation of removal motion to reopen; exceptional and extremely unusual hardship; reasonable likelihood standard for prima facie case; W…
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Abdulahad v. Garland, No. 22-3743 (6th Cir. Apr. 11, 2024) CAT deferral; aggregate forms of torture; changed country condition motion to reopen; cumulative evidence; point of comparison; individualized risk; American characteristics; Popular Mobilization Forces (PMF); Chaldean Christian; Iraq Cheejati, et al. v. Blinken, et al., No. 23-40398 (5th C…
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United States v. Hansen, No. 17-10548 (9th Cir. Apr. 3, 2024) common law specific intent mens rea; solicitation definition; 8 U.S.C. §§ 1324(a)(1)(A)(iv) and 1324(a)(1)(B)(i); encouraging violation of immigration law Matter of F-C-S-, 28 I&N Dec. 788 (BIA 2024) (amended) 8 C.F.R. § 1240.17; expedited removal; credible fear process; mental incompete…
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All about Raquel Gomes & Stafi: Raquel's Linkedin Profile Stafi's website: www.stafi.cc Stafi's Linkedin: https://www.linkedin.com/company/71610226/admin/feed/posts Stafi's Instagram: https://www.instagram.com/getstafi/ Stafi's Facebook: https://www.facebook.com/GetStafi/ All about Ruby Powers: Ruby's Profile Law Firm Website: www.RubyPowersLaw.com…
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Khalil v. Garland, No. 23-1443 (1st Cir. Mar. 29, 2024) mixed motive; one central reason; personal dispute; intertwined reasons; religion; persecution standard; de novo review of government-actor prong of CAT protection; duty to intervene; Muslim Brotherhood; Egypt Almanzar v. Att'y Gen. U.S., No. 21-3092 (3d Cir. Mar. 29, 2024) second-degree robbe…
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On this episode, my guest is Christos Galanis, a friend and scholar who recently completed his PhD in Cultural Geography from The University of Edinburgh where his research centered on themes of displacement and memorial walking practices in the Highlands of Scotland. A child of Greek political refugees on both sides of his family, Christos' work l…
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Wilkinson v. Garland, No. 22-666 (U.S. Mar. 19, 2024) jurisdiction; INA § 242(a)(2)(B) & (D); Guerro-Lasprilla; mixed question of law and fact; Patel Gomez-Ruotolo v. Garland, No. 23-1238 (4th Cir. Mar. 20, 2024) CIMT; categorical approach; electronic solicitation of a minor between seven and fourteen; VA Code § 18.2-374.3(c); attempted sexual batt…
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Annor v. Garland, No. 23-1281 (4th Cir. Mar. 15, 2024) particularly serious crime; conspiracy to commit money laundering; 18 U.S.C. § 1956(h); N-A-M- process; elements; dangerousness Vasquez Castaneda v. Perry, et al., No. 22-7365 (4th Cir. Mar. 13, 2024) prolonged detention; Zadvydas; reasonable foreseeability of removal; withholding-only; reinsta…
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Membreno-Rodriguez v. Garland, No. 23-60022 (5th Cir. Mar. 4, 2024) 8 C.F.R. § 212.5(b)(5); applicant for admission; adjustment of status; motion to reopen; termination of parole The Saga of Mr. Nkenglefac returning wrongfully removed noncitizens islaimmigration.org Reyes Galeana v. Garland, No. 24-0043 (6th Cir. Mar. 4, 2024) Mexican business owne…
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All about Trina Realmuto: NILA Profile All about Eddie Ramos: KKTP Profile Additional links!: NILA’s Impact Litigation (including Mansor v. USCIS ) Transparency Litigation Co-Counseling Program Join NILA’s Strategic Assistance Program Support NILA Sponsors and friends of the podcast! Kurzban Kurzban Tetzeli and Pratt P.A. Immigration, serious injur…
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My guest on this episode is Healani Sonoda-Pale, a Kanaka Maoli Human Rights advocate for Self-Determination and a Water Protector who has been organizing at the intersection of the indigenous struggle for liberation and environmental protection in Hawai'i. She is a member of the Red Hill Community Representation Initiative and the spokesperson of …
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F.J.A.P. v. Garland, No. 21-2284 (7th Cir. Feb. 27, 2024) withholding-only review; Nasrallah; 30 day rule; claims processing rule; jurisdiction; Guzman Chavez; final order of removal; reinstatement; Bhaktibhai-Patel; Santos-Zacaria; statutory interpretation; presumption of review; clear error and credibility; reweighing evidence; failure to identif…
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Matter of Azrag, 28 I&N Dec. 784 (BIA 2024) vacated criminal conviction; Thomas and Thompson; procedural or substantive defect; burden of proof; reasons for vacating Singh Bhagtana v. Garland, No. 20-1673 (2d. Cir. Feb. 22, 2024) reasonable relocation outside of Punjab State; Sikh; Mann Party; India Singh v. Garland, No. 23-2289 (8th Cir. Feb. 23, …
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"The whole book is sort of a meditation, of a prayer designed to protect the person who is reading it." Jeff Wengrofsky, the most authentic punk-rock person I personally know, wrote a memoir, and you should buy it and read it. In some ways an unintentional pean to the Lower East Side, Jeff gets into what it was like to grow up feeling like an outsi…
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Herrow v. Att'y Gen. U.S., No. 22-1854 (3d Cir. Feb. 13, 2024) repatriated Somalis; particularity and distinction; Westernized Somalis; CAT protection; acquiesce; Georgetown Report; Reer Hamar Bendiri; Al Shabaab; Somalia Guzman-Maldonado v. Garland, No. 23-9 (9th Cir. Feb. 14, 2024) aggravated felony theft offense; INA § 101(a)(43)(G); Arizona rob…
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On this episode, my guests are ClementineMorrigan.com and Jay Lesoleil of the F*****g Cancelled Podcast. Clementine Morrigan is a writer and public intellectual based in Montréal, Canada. She writes popular and controversial essays about culture, politics, ethics, relationships, sexuality, and trauma. A passionate believer in independent media, she…
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Matter of Bernardo, 28 I&N Dec. 781 (BIA 2024) I-751; joint filing; allegation of marriage fraud; properly filed; duress and coercion Patel v. Jaddou, No. 24-0026 (6th Cir. Feb. 9, 2024) U-visa disclosure; penalties; 8 U.S.C. § 1367; willfulness; APA; private right of action against federal officials United States v. Devereaux, No. 22-1203 (10th Ci…
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Matter of Aguilar Hernandez, 28 I&N Dec. 774 (BIA 2024) deficient NTA; Form I-261; interlocutory appeal; termination; regulatory interpretation; factual and legal allegations in an NTA; Niz-Chavez dicta Gaspar-Felipe v. Garland, No. 22-3372 (8th Cir. Jan. 30, 2024) indigenous asylum claim; persecution because of debts; family remaining in country o…
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On this episode, my guest is David Bacon, a California writer and documentary photographer. A former union organizer, today he documents labor, the global economy, war and migration, and the struggle for human rights. His latest book, In the Fields of the North / En los campos del norte (COLEF / UC Press, 2017) includes over 300 photographs and 12 …
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Pineda-Maldonado v. Garland, No. 20-1912 (1st Cir. Jan. 24, 2024) past torture; past persecution; death threats alone; imminent threats; mixed motive; animus; family membership; cattle thieves; nexus standard for withholding; El Salvador Owusu v. Garland, No. 24-0016 (6th Cir. Jan. 24, 2024) police unable or unwilling to protect; failure to report;…
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It was both challenging and illuminating to speak with my old friend Shawn Ruby, an Israeli citizen who is deeply rooted in his Zionist identity (having originated in Canada and raised his family and made his life in Israel, one child a high-ranking IDF officer), firmly anchored in an unwavering pursuit of moral clarity, and overall one of the most…
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Velasquez-Castillo v. Garland, No. 21-60681 (5th Cir. Jan. 17, 2024) Trafficking Victims Protection Reauthorization Act (“TVPRA”); motion to reopen; minor; newly available evidence; changed country conditions; failure to consider evidence; sexual orientation; Honduras United States v. Daye, No. 23-1048 (8th Cir. Jan. 16, 2024) Domestic Abuse Assaul…
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Matter of Panin, 28 I&N Dec. 771 (BIA 2024) bond; collateral estoppel; INA § 236(a); Bail Reform Act United States v. Ortiz-Orellana, No. 16-4844 (4th Cir. Jan. 10, 2024) crime of violence; VICAR; felony murder; divisibility; means vs. elements; impotance of jury instructions; crime of violence Sponsors and friends of the podcast! Kurzban Kurzban T…
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