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. 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)
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; ICE’s Facilitation of Return Policy; reverting back to LPR status; Rodriguez-Arias; J-F-F-; aggregating torture; El Salvador; expert testimony
Stankiewicz v. Garland, No. 21-6265 (2d Cir. May 31, 2024)
- relating to controlled substance; closes match for generic offense; INA § 101(a)(43)(B); Matter of Rosa; distributing a controlled substance on or near school property, in violation of N.J. Stat. § 2C:35-7; 21 U.S.C. § 841; 21 U.S.C. § 860; double jeopardy and different sentences don’t necessarily mean divisibility; Mathis peak last resort; jury instructions with fill in the blank for drug
Black v. Decker, No. 20-3224 (2d Cir. May 31, 2024)
- mandatory detention; INA § 236(c); Mathews Test; government interest; ability to pay and alternative means; bond hearing; Jennings; prolonged detention
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DISCLAIMER & CREDITS
See Eps. 1-200