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The Non-Immigrant Student podcast is an audio journal of my grad-school journey in the United States of America.It is an inspirational podcast that seeks to encourage and provide guidance to other non-immigrant students across the globe on how to live their best lives while fulfilling their Study Abroad dreams. My stories reveal the hacks, tips, and tricks I have learned while on this journey and I honestly believe that ''If I can do it, you can do it too!''So excited to have you with me on ...
 
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Immigration Review

1
Immigration Review

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

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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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show series
 
[2:06] Jathursan v. U.S. Att’y Gen., No. 20-10003 (11th Cir. Nov. 17, 2021) asylum; failed asylum seeker; pattern or practice of persecution; failure to give reasoned consideration; issue exhaustion; CAT; Elam People’s Democratic Party (EPDP); Sri Lanka [8:30] Matter of A. Valenzuela, 28 I&N Dec. 418 (BIA 2021) aggravated felony crime of violence; …
 
[2:35] Arulnanthy v. Garland, No. 19-60760 (5th Cir. Nov. 8, 2021) CAT; credibility; credible fear interview transcript; interview summary; pattern or practice; ignoring evidence; Sri Lanka [7:49] Lopez Vazquez v. Garland, No. 18-70329 (9th Cir. Nov. 12, 2021) reinstatement; gross miscarriage of justice; valid removal order at time of removal; benz…
 
[2:44] Cantor v. Garland, No. 19-73085 (9th Cir. Nov. 3, 2021) motion to reopen; non-LPR cancellation of removal; stop-time rule; statutory interpretation [8:19] Matter of M-F-O-, 28 I&N Dec. 408 (BIA 2021) deficient NTA; post-conclusion voluntary departure; INA § 240B(b); Posos-Sanchez; Viera-Garcia and Ordonez-Viera; Mendoza-Hernandez and Capula-…
 
[2:46] James v. Garland, No. 20-1666 (1st Cir. Oct. 25, 2021) equitable tolling; claims processing rule; pro se appeals; filing deadline; at 8 C.F.R. § 1003.38(b) [8:47] Valle v. DOS, No. 19-14889 (11th Cir. Oct. 26, 2021) doctrine of consular nonreviewability; subject matter jurisdiction; facially legitimate and bona fide for visa denial [17:31] J…
 
[2:51] Chavez Gonzalez v. Garland, No. 20-1924 (4th Cir. Oct. 20, 2021) termination; Matter of S-O-G- & F-D-B-; IJ inherent authority; Auer/Kisor deference; administrative closure [9:33] Lopez Troche v. Garland, No. 20-1718 (1st Cir. Oct. 18, 2021) adverse credibility standard; attorney inconsistency; reporting to police; withholding and CAT; HIV; …
 
Click this link to learn more about Bashir! [01:48] Introduction [03:18] Interview with Bashir Ghazialam [51:10] Immigration situation in Afghanistan and how to assist the people of Afghanistan Links to assist the people of Afghanistan (not affiliated with the podcast or Bashir): CAIR San Diego Miry's List Form I-134, Affidavit of Support NPR: The …
 
[2:53] Liang v. Att’y Gen. U.S., No. 20-3353 (3d Cir. Oct. 12, 2021) past persecution; totality or cumulative analysis; standard of review; mixed question of law and fact; China; Christian [7:00] Matter of Kagumbas, 28 I&N Dec. 400 (BIA 2021) I-130 petition; bonafide marriage; adequate transcript of hearing; indiscernible [12:57] Chery, et. al v. G…
 
[2:22] Hernandez-Hernandez v. Garland, No. 21-3210 (6th Cir. Oct. 4, 2021) economic persecution; Guatemala; K’iche [5:32] Ramos Rafael v. Garland, No. 21-0233 (6th Cir. Oct. 7, 2021) waiver of argument; unable or unwilling to protect; NTA deficiencies; Pereira and Niz-Chavez; due process; prejudice [9:03] Amaya v. Garland, No. 18-70060 (9th Cir. Oc…
 
[2:34] Rodriguez v. Garland, No. 20-60008 (5th Cir. Sept. 27, 2021) in absentia motion to reopen; deficient NTA; Niz Chavez; INA § 239(a) [9:43] Nolasco-Amaya v. Garland, No. 20-70187 (9th Cir. Sept. 28, 2021) due process; pro se appeals; notice of appeal; putting BIA on notice; summary dismissal *Sponsors and friends of the podcast! Kurzban Kurzba…
 
[2:49] Ghanem v. Att’y Gen. U.S., No. 19-1475 (3d Cir. Sept. 22, 2021) asylum; political opinion; nexus; mixed-motive; tribal; ignoring evidence; corroboration; reasonable explanation; CAT; Matter of J-F-F-; hypotheticals; Houthi; Yemen [9:09] Abushagif v. Garland, No. 19-60807 (5th Cir. Sept. 24, 2021) motion to reopen; changed country conditions;…
 
[1:48] Thank you Patrons! [2:15] Matter of N-V-G-, 28 I&N Dec. 380 (BIA 2021) INA § 212(h) waiver; Minn. Stat. § 609.222(1); refugee adjustment of status under INA § 209; admission; lawfully admitted for permanent residence; legislative history; crime of domestic violence; INA § 237(a)(2)(E)(i); crime of violence aggravated felony; INA § 101(a)(43)…
 
[2:02] Gayles v. Warden, et al., No. 19-3241 (3d Cir. Sept. 3, 2021) mandatory detention; due process; Joseph hearing; burdens; INA § 242(f)(1) [7:59] Farah v. U.S. Att’y Gen., No. 19-12462 (11th Cir. Sept. 8, 2021) prolonged detention; habeas; INA § 241(a); Akinwale; controlled substance; Minn. Stat. §§ 152.025, 609.222; aggravated felony crime of…
 
Happy Labor Weekend guys! This one's for my prospective undergraduate friends/audience planning to study at a College or University in USA! Fath' Ma Marcelah is a sophomore from Goma, Democratic Republic of Congo majoring in Landscape Architecture at Cornell University. In her spare time, she loves to design and enjoys dancing. Daniel Idakwoji is a…
 
[2:42] Singh v. Att’y Gen U.S., No. 20-1778 (3d Cir. Aug. 31, 2021) aggravated felony; controlled substance offense; “alien” at time of offense; Costello; Rossi; denaturalization; rule of lenity; statutory interpretation; Chevron; ambiguity; reasonable interpretation [9:59] B.C. v. Att’y Gen. U.S., No. 19-1408 (3d Cir. Sept. 1, 2021) credibility; i…
 
[3:07] Munyuh v. Garland, No. 19-72890 (9th Cir. Aug. 25, 2021) adverse credibility; cherry-picking; inconsistencies; sexual violence; rape; Cameroon [10:19] Orozco-Lopez, et al. v. Garland, No. 20-70127 (9th Cir. Aug. 25, 2021) reinstatement; reasonable fear proceedings; reasonable fear appeal; right to counsel; prejudice; rule of lenity; statutor…
 
Based on popular demand, I decided to host a Q & A session with my friends Pearl, Ladi, and Daniel who’ve been abroad now for about 1-6 semesters, to ask them how life has been for them since they moved from their home country Nigeria to study in the US and Canada respectively. Pearl Abue is a 3rd year Ph.D. student of the Chemical Engineering depa…
 
Hey friends! I just thought it well to welcome you all to the new 2021/2022 school year and the Fall Semester of 2021!!! For me, it’s been surreal seeing students in their thousands back on campus. It feels so good and I hope that wherever you are, you are happy to be resuming school in person too! Thank you for being friends and followers of my jo…
 
[2:16] Germain v. U.S. Att’y General, No. 20-11419 (11th Cir. Aug. 18, 2021) aggravated felony; INA § 101(a)(43)(P); relating to document fraud; 18 U.S.C. § 1546(a); cancellation of removal; [9:22] Lopez-Marroquin v. Garland, No. 18-72922 (9th Cir. Aug. 18, 2021) Cal. Veh. Code § 10851(a); categorical approach; divisibility; aggravated felony; 8 U.…
 
Imelda Godswill is a recent Master's graduate (Hons.) from Teesside University, Middlesborough, UK, and majored in Visual Effects and Animation. She is originally from Akwa-Ibom State, Nigeria, and has been to 8 countries-Ghana, Rwanda, UAE, Amsterdam, UK, Morocco, Italy, and Germany- since she moved to the UK to pursue her graduate studies. She is…
 
[3:07] Matter of Hernandez-Romero, 28 I&N Dec. 374 (BIA 2021) NACARA; cancellation of removal; statutory construction [11:24] Sanchez-Ruano v. Garland, No. 18-71760 (9th Cir. Aug. 11, 2021) Cancellation of removal; INA § 240A(b); inadmissibility grounds; INA § 212; deportability grounds; INA § 237; removability vs relief [19:22] Mohamed v. Garland,…
 
[3:10] Simpson v. U.S. Att'y Gen., No. 19-11156 (11th Cir. Aug. 4, 2021) Fla. Stat. § 790.23(1)(a); felon in possession; INA § 237(a)(2)(C); ammunition; divisibility; categorical and modified categorical approach; jury instructions [10:11] Maie v. Garland, No. 19-73099 (9th Cir. Aug. 2, 2021) CIMT; theft; Haw. Rev. Stat. § 708-833(1); Model Penal C…
 
Olufisayo Babalola holds a BSc. in Electrical and Electronics Engineering from the University of Ibadan and recently completed a Master's degree in Engineering Management from Dartmouth College. Before her masters, she worked at Softcom Limited as a Product Analyst and Product Manager and has now joined Google as a full-time Associate Product Manag…
 
[3:11] Matter of A-C-A-A-, 28 I&N Dec. 351 (A.G. 2021) asylum; particular social group; DHS stipulations [7:37] Matter of Aguilar-Barajas, 28 I&N Dec. 354 (BIA 2021) aggravated statutory rape; Tenn. Code Ann. § 39-13-506(c); crime of child abuse under INA § 237(a)(2)(E)(i); Esquivel-Quintana [15:27] Marinelarena v. Garland, No. 14-72003 (9th Cir. J…
 
Oluwabusayo Omoleye is a recent Environmental Engineering graduate of Stevens Institute of Technology. Her focus was on Environmental Control Processes. She graduated from Covenant University with a Bachelor of Engineering in Chemical Engineering. While at Stevens Institute of Technology, she was privileged to be a Graduate Research Assistant for t…
 
[2:39] Matter of O-R-E-, 28 I&N Dec. 330 (BIA 2021) equitable doctrine of latches; due process; genocide; Rwanda; INA § 212(a)(3)(E)(ii), (iii); credibility; material misrepresentation [13:53] Meza v. Garland, No. 20-2193 (7th Cir. July 20, 2021) non-LPR cancellation of removal INA § 240A(b); jurisdiction; good moral character; weighing of evidence…
 
Oluwabusayo Omoleye is a recent Environmental Engineering graduate of Stevens Institute of Technology. Her focus was on Environmental Control Processes. She graduated from Covenant University with a Bachelor of Engineering in Chemical Engineering. While at Stevens Institute of Technology, she was privileged to be a Graduate Research Assistant for t…
 
Matter of Cruz-Valdez, 28 I&N Dec. 326 (A.G. 2021) administrative closure; Matter of Castro-Tum Valarezo-Tirado v. Att'y Gen. U.S., No. 20-1705 (3d Cir. July 15, 2021) reasonable fear interview; reinstatement; withholding-only; adequacy of IJ decision; CAT B.R. v. Garland, No. 19-70386 (9th Cir. July 12, 2021) termination; regulatory violations; du…
 
Kutlwano is a recent Cornell MBA graduate from Gaborone, Botswana interested in Digital Technology, Fintech, and Data Analytics. Prior to Business school, he was a Technology Consultant where he helped clients across Africa and the Middle East launch digital products targeted towards alleviating financial exclusionary practices. He graduated from R…
 
[2:17] Guerrero Trejo v. Garland, No. 20-60353 (5th Cir. July 2, 2021) INA § 240A(b); non-LPR cancellation of removal; hardship; jurisdiction; INA § 242(a)(2)(B); Guerrero-Lasprilla [8:14] Bautista-Bautista v. Garland, No. 20-1534 (8th Cir. July 6, 2021) particular social group; convention against torture; CAT; tattoos; Seguridad; Guatemala [11:18]…
 
Nnamdi is a recent Cornell MBA graduate from Lagos, Nigeria, focusing on Corporate Finance and Strategy. He has worked with PwC as an auditor in its financial services unit and subsequently as head of Financial Planning and Analysis at Babban Gona, an agricultural social enterprise in Africa. He graduated from the Federal University of Technology O…
 
Odds and Ends Flores settlement Patel v. Garland!!!! Johnson v. Chavez, No. 19-897 (U.S. June 29, 2021) detention; reinstatement; withholding of removal; Nasrallah Click here to support Immigrant’s List! – https://www.immigrantslist.org/ Matter of S-L-H- & L-B-L-, 28 I&N Dec. 318 (BIA 2021) in absentia motion to reopen; exceptional circumstances; d…
 
Yasssssssssssssss! We back! In Season 1, we had almost 2000 downloads from 180 cities in 25 countries across the world, with over 500 followers on Instagram and still counting! I couldn’t have done it without you so Thank you! In this new season, other non-immigrant students from the US, Europe, and Canada will be sharing their stories with us and …
 
[2:35] Avila de la Rosa v. Garland, No. 20-1956 (7th Cir. June 24, 2021) defective notice to appear; NTA; prejudice; claims processing rule; Pereira; Niz-Chavez; motion to terminate [7:39] Matter of Moradel, 28 I&N Dec. 310 (BIA 2021) Special Immigrant Juvenile status; canon of statutory construction - rule of the last antecedent; statutory interpr…
 
[2:13] Matter of A-B-, 28 I&N Dec. 307 (A.G. 2021) particular social group; Matter of A-B-; Matter of A-B- II; Matter of A-R-C-G- [5:51] Matter of L-E-A-, 28 I&N Dec. 304 (A.G. 2021) particular social group; Matter of L-E-A- II; family nexus; Niz-Chavez motion to terminate [9:24] Thamotar v. U.S. Att’y Gen., No. 19-12019 (11th Cir. June 17, 2021) a…
 
[2:55] Sanchez v. Mayorkas, No. 20-315 (U.S. June 7, 2021) temporary protected status; TPS; admission; statutory interpretation Click here to support Immigrant's List! - https://www.immigrantslist.org/ [9:51] Bordon v. U.S., No. 19-5410 (U.S. June 10, 2021) ACCA; violent felony; crime of violence; INA § 101(a)(43)(F); 18 U.S.C. § 16(a); elements cl…
 
[1:48] Ep. preview with United States v. Abdul Aziz (1st Cir. Jun. 2, 2021) Massachusetts marijuana and hemp [2:44] Garland v. Dai, No. 19-1155 (U.S. June 1, 2021) adverse credibility; presumption of credibility; deemed credible; persuasiveness [8:26] Garcia-Deleon v. Garland, No. 20-3957 (6th Cir. June 4, 2021) administrative closure; Castro-Tum; …
 
[2:13] United States v. Palomar-Santiago, No. 20-437 (U.S. May 24, 2021) 8 U.S.C. § 1326(d); illegal reentry; Leocal; motion to reopen; change in law [7:42] Quintero v. Garland, No. 19-1904 (4th Cir. May 26, 2021) presumption of credibility; duty to develop record; Matter of W-Y-C- & H-O-B-; pro se respondents; acquiescence; aggregate harm; Convent…
 
Yayyyy!!!... the Bonus Episode is finally here! How have you been? As for me, school is rounding up around here and summer vibes are already kicking in! Well, I'm back now so welcome back from your 2-week listening hiatus! As promised, this is the bonus episode to finally wrap up Season 1. In this episode, I talk about my experience with filing tax…
 
[2:28] Islam v. DHS, No. 19-13287 (11th Cir. May 20, 2021) INA § 212(a)(3)(B); membership in a terrorist organization; definition of Tier III terrorist organization; jurisdiction; issue preclusion; collateral estoppel; “actually litigated”; void for vagueness; Bangladesh Nationalist Party or BNP [12:01] Figueroa v. Att’y Gen. U.S., No. 19-1419 (3d …
 
[01:48] Introduction [03:18] Interview with John Pratt [19:51] EB-5 visas and Regional Center Program [35:24] AILA National elections Click this link to learn more about John! *Please note This interview slightly misstates the factual circumstances of the Iran-Contra Affair. Our apologies! *Sponsors and friends of the podcast! Kurzban Kurzban Tetze…
 
[2:22] Cheneau v. Garland, No. 15-70636 (9th Cir. May 13, 2021) (en banc) derivative citizenship; former INA § 321(a)(5) (repealed); statutory interpretation; cannon against superfluity; cannon when Congress uses language it omits elsewhere; Congressional intent; family unity; history of the INA [11:37] Hernandez-Galand v. Garland, No. 17-70538 (9t…
 
[2:13] Arcos Sanchez v. Att’y Gen. U.S., No. 20-1843 (3d Cir. May 5, 2021) administrative closure; regulations; regulatory interpretation; Kisor deference; DACA [8:56] Romero v. Att’y Gen. U.S., No. 19-3705 (3d Cir. May 5, 2021) reinstatement; withholding only proceedings; jurisdiction; notice of referral; Form I-863; Pereira [12:51] K.A. v. Att’y …
 
Heyyyy guys! Welcome back to another week of me answering all of your questions- with a little TMI here and there - for the last time this season! However, if you need any more details, you know where to find me; kindly shoot me an email at thenonimmigrantstudent@gmail.com and I’d be happy to assist you! Have a great week ahead NISs! Many thanks, T…
 
[2:53] Niz-Chavez v. Garland, No. 19-863 (U.S. Apr. 29, 2021) non-LPR cancellation of removal; stop-time rule; implication of the indefinite article “a”; statutory interpretation; Dictionary Act; motion to reopen; claims processing rule [15:20] Tetteh v. Garland, No. 19-2357 (4th Cir. Apr. 27, 2021) pardons; INA § 237(a)(2)(A)(vi); Georgia First Of…
 
Heyyyy guys! It’s been a minute! Today’s episode is a “short drive n chill”, “wash plates n chill” kinda episode! I answered some of the questions you asked me via social media and I hope the answers prove helpful to you. If you need any more details, kindly shoot me an email at thenonimmigrantstudent@gmail.com, I’d be happy to assist you! Enjoy! M…
 
[2:13] Happy anniversary, and thank you! [4:40] Thompson v. Garland, No. 17-3494 (2d Cir. Apr. 22, 2021) second-degree assault under New York Penal Law § 120.05(1); crime of violence; INA § 101(a)(43)(F); 18 U.S.C. § 16(a) *Sponsors and friends of the podcast! Kurzban Kurzban Tetzeli and Pratt P.A. www.kktplaw.com/ Immigration, serious injury, and …
 
[2:04] Odds and Ends [3:47] Matter of Mensah, 28 I&N Dec. 288 (BIA 2021) conditional lawful permanent resident; CLPR; petition to remove condition; fraud or willful misrepresentation; INA § 212(a)(6)(C)(i); USCIS interview [13:26] Aristy-Rosa v. Att’y Gen. U.S., No. 20-2105 (3d Cir. Mar. 16, 2021) pardons; definition of conviction; full faith and c…
 
Heyyyyyy guys!!!!!!!! Is it just me or this week was presumably better than the last???!!! How was your week and how are you doing? In today’s episode,I leave everything on the table guys!!!.... everything because why not?! The gist is just KPK,OPP, OPG! (insert Google definition) I share how I’ve been able to build solid friendships and meaningful…
 
[2:13] Rodriguez-Tornes v. Garland, No. 19-71104 (9th Cir. Apr. 5, 2021) asylum; nexus; Matter of A-B-; Matter of A-B- II, feminism political opinion; particular social group of Mexican females; reman; expert [9:28] Matter of A-S-M-, 28 I&N Dec. 282 (BIA 2021) INA § 241(a)(5); reinstatement; withholding of removal; country of removal; INA § 241(b)(…
 
Heyyyyyyyy fellow NISs! Welcome back to another special episode! In this episode, I vlog about my two birthday parties and why I was really pumped to celebrate my birthday this year! I was so grateful that I got to share the moments with you and all of my friends back at home because it was such a happy weekend! All the pictures and videos can be f…
 
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