Immigration Review
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/
Immigration Review
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)
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 of fear; Guatemala
Davis v. Garland, No. 22-3262 (8th Cir. Feb. 1, 2024)
- motion to reopen; asylum waiver; mental health; mental competency; new and previously unavailable evidence
Lopez-Benitez v. Garland, No. 22-1808 (4th Cir. Jan. 30, 2024)
- nexus; incidental or tangential; MS-13 extortion as persecution; exhaustion post-Santos-Zacaria; El Salvador
Ayala-Osegueda v. Garland, No. 22-1707 (4th Cir. Feb. 1, 2024)
- mixed adverse credibility finding; express credibility; family based particular social group; nexus; persuasiveness; asylum despite adverse credibility; extortion; MS-13; El Salvador
Nivar Santana v. Garland, No. 22-2114 (4th Cir. Feb. 2, 2024)
- clearly and beyond doubt admissible; adjustment of status; false claim to citizenship; definition of “assimilation”; military service; evidentiary admission and fundamental fairness
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CONTACT INFORMATION
Email: kgregg@kktplaw.com
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DISCLAIMER:
Immigration Review® is a podcast made available for educational purposes only. It does not provide legal advice. Rather, it offers general information and insights from publicly available immigration cases. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the host. The podcast should not be used as a substitute for competent legal advice from a licensed attorney in your state.
MUSIC CREDITS:
"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0