Immigration Podcast

Ep. 274 - Precedential Decisions from 7/21/2025 - 7/27/2025 (alienage; cooperation with U.S. government; competency; generalized violence; issue exhaustion; summary affirmance; U visa; discretionary relief; collateral challenge; due process)

Ep. 273 - Precedential Decisions from 7/14/2025 - 7/20/2025 (BIA self-certification of LPR grant; separation of powers; bond & danger; particularity & women; family nexus & revenge; IAC; hardship - Monreal factors, medical experts & dangerous countries)

Ep. 272 - Precedential Decisions from 7/7/2025 - 7/13/2025 (CAT protection - anti Ukraine War in Russia, detention conditions in Russia and Haiti & mental health; discretion & DUI arrest; withholding-only review; hardship review & economic difficulties)

Special Episode - AILA National Conference Interview 2025! Kelli Stump and Jeff Joseph (conversation with the AILA Presidents)

(nexus; subordinate; religion; Evangelical Christian; M-R-M-S-; no animus requirement; acquiescence; CAT - bisexual suspected gang members with tattoos; deceit agg fel; retroaction 212(h) waiver)

(birthright citizenship & injunctive relief; withholding-only review; CIMT; nexus; cancellation of removal - reserved decision & hardship; PSG definition; relocation)

(crime of child abuse; conviction after naturalization; parole; termination ; parole; Cuban Adjustment Act; M-A-M- safeguards; CIMT; motion to reopen; mental health facilities in Guatemala)

(circuit court IAC; inability to practice religion freely; bond & flight; false testimony during naturalization & good moral character; nexus & gangs; hardship & child medical conditions)

(revocation of Consular Report of Birth Abroad; administrative closure; recalendaring; issue raised in notice of appeal; credibility; border interview; sexual abuse of a minor)

(Adam Walsh Act no risk determination; bond; discretion; IAC motion to reopen; forced military conscription in Russia; deficient NTA; stays; avoiding doctrine of consular non-reviewability)

(jurisdiction; criminal penalties for obstructing removal; IIRIRA legislative history; untimely petition for review; hardship review; Sikh asylum claim)

(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)

(habeas; transfer of noncitizens; stay; bond; burdens; DUI; crime of child abuse; attempt; doctrine of consular nonreviewability; Religious Freedom Restoration Act)

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)

(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)

(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)

(illegal abduction and disappearing of individuals with withholding of removal grant; Executive overreach; facilitate; naturalization during removal proceedings)

(PSG cooperators against MS-13; social distinction & ocular visibility; crime of violence; realistic probability test; naturalization review; INA § 310(c); warrant of arrest)

(deeming asylum application abandoned for failure to include declaration; point of comparison of CSA and state drug schedule; individualized inquiry for hardship; credibility)

(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)

(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)

(exceptions to Hague Act adoption; habitual residence; I-130 petition by adoptive parent; crime of violence; threat of sodomy accusation; Virginia robbery)

(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)

(past persecution - Roma; disfavored group; firearms offense; CIMT & Loper Bright; continuance & diligence; drugs; sua sponte reopening; DV asylum; inadequate medical care)

(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)

(single scheme of criminal conduct; two or more CIMTs; derivative naturalization; present-perfect tense; legal separation; Loper Bright)

(recent thoughts; CAT protection & credibility; crime of violence; general intent crimes; detention - dangerousness, mixed question of law and fact, and substantive due process)

(CIMTs & fleeing police; res judicata; electronic notice; indigenous men & nexus; PSG identification on appeal; aggravated felony obstruction of justice; transgender women in Guatemala)

(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)

(SCOTUS preview; crime of violence; “bodily injury”; emotional or verbal injury; realistic probability test; wholesale exclusion of evidence during discretionary analysis as legal error)

(prior adverse credibility & reopening; stolen property aggravated felony; VAWA & hardship reopening; well-founded fear & Brazil; definition of exceptional & extremely unusual hardship)

(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)

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)

(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)

(Senator Markey Immigrants' List event!; mental health; extraordinary circumstances exception to one-year asylum deadline; changed circumstances; aggregating all sources of torture; gangs)

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)

(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)

(BIA notice of appeal deadlines; equitable tolling; diligence; timely objection to deficient NTA; retroactivity; federal definition of marijuana; hemp; realistic probability test)

(nexus to political opinion; church leaders; small business owners; death threats, extortion & past persecution; reasonable relocation; gang violence; unable or unwilling to protect)

(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)

(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)

(past persecution; death threats; nexus; family membership; metering; injunction; credibility; hardship review; Haitian mental health claims)

(in absentia motion to reopen - exceptional circumstances; totality of circumstances; traffic accidents; past persecution; unfulfilled threats; NACARA; economic hardship; mixed question review)

(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)

(EB-3 visa; revoked I-140 petition; portability; credibility; Matter of R-K-K-; similar affidavits; DHS charts; relocation)

(Ukraine; Hague Convention on the Civil Aspects of International Child Abduction; wrongful removal; generic federal definition of methamphetamine; extradition; State Department & CAT)

(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)

(failure to report as a child; manner of entry, jurisdiction & Patel; petty theft & CIMT; single scheme; pardons; Skidmore deference; fetus persecution)

(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)

(reopening standard; attempted child abuse; jurisdiction - Patel, I-601 & I-751; nexus & harm in the U.S.; reasonable fear review; derivative U.S. citizenship)

(asylum; withholding of removal; CAT; imputed political opinion; substantial evidence; past persecution; nexus; corroborating evidence)

(vacated criminal conviction & reopening; murder; voluntary departure; temporary BIA members; nexus; police reports & discretion)

(denaturalization & estoppel; mental health & asylum; hardship review; attorney unpreparedness & continuances; particularly serious crimes; domestic violence & asylum; credibility)

(challenging DHS regulations; material support of terrorism & due process; naturalization delay; particularly serious crime; mental health issues; past persecution & Mann party)

(administrative notice of foreign law; credibility; derivative citizenship; best interests of the child; asylum & Angola; PFR venue; bonafide Egyptian marriage & pro se respondents)

(important cases from the Supreme Court's 2023-2024 Term; state of the judiciary; Immigrants' List & immigration advocacy)

(flight from ethnic cleansing & genocide; gang recruitment & PSGs; CIMT & prostitution; I-213 reliability; unfulfilled threat doctrine)

(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)

Interview with Attorney Eric Lee (lead counsel on the recent doctrine of consular nonreviewability Supreme Court case, Munoz v. Dept. of State)

(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)

(interview with AILA National Immediate Past President Farshad Owji, and AILA National President Kelli Stump)

(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)

(fundamental right to live with spouse; lawful sanction; credibility; failure to consider therapist letter; no-notice reopening; reasonable fear review; deficient OSC & due process)

(in absentia motion to reopen; deficient NTA; textualism; crime of violence; asylum & withholding nexus; CIMT; prolonged detention post-reinstatement)

(case law housekeeping!; authentication of domestic records; APA - jurisdiction, discretion & I-601A delay; one year asylum deadline; pattern or practice - Mexican transgender women)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

Special Episode - Interview with Trina Realmuto and Eddie Ramos (National Immigration Litigation Alliance (NILA); TPS employment authorization class action; impact litigation; mentorship)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

Ep. 184/Special Episode - Interview with Dan Lawton about his new book Above the Ground - A True Story of the Troubles in Northern Ireland

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)

Special Episode - Interview with Immigration Judge Mimi Tsankov in her capacity as President of the National Association of Immigration Judges

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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-)

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)

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)

Special Episode - AILA Annual Conference 2023 (interview with AILA National Immediate Past President Jeremy McKinney, and AILA National President Farshad Owji)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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!)

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)

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)

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)

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)

Special Episode - Interview with Andy Posner, Founder and CEO of Capital Good Fund

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)

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)

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)

Ep. 145 - Precedential Decisions from 1/30/2023 - 2/6/2023 (Supreme Court 2023 Term Rundown; aggravated felony crime of violence; elements clause; recklessness)

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)

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)

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)

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)

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)

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)

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)

Special Episode - Interview with John Khosravi about his many hats, and the Immigration Lawyers Toolbox!

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)

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)

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)

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)

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)

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)

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)

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)

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)

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))

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)

Ep. 126 - Precedential Decisions from 9/19/2022 - 9/25/2022 (THANK YOU PATRONS!; exhaustion; due process; asylum; past persecution; government actor; BJP; India)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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))

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)

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)

Ep. 95 - Precedential Decisions from 2/14/2022 - 2/20/2022 (biometrics notice; CIMTs; administrative removal orders; exhaustion; South Sudan Convention Against Torture)

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)