Immigration Review

Immigration Review

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 Tuesday, 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/

Episodes

Baro v. Blanche, No. 25-3894 (6th Cir. June 16, 2026)

  • 30-day deadline to appeal to the BIA; claims processing rule; equitable tolling; health crisis; difficulty in finding an attorney; diligence

Alves-Pains v. Blanche, No. 24-1895 (1st Cir. June 18, 2026)

  • particularly social group articulation; women unable to leave; nuclear family +; reconsideration 

Matter of A-C-M-, 29 I&N Dec. 703 (BIA 2026)

  • ACA agreem...
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Laureano v. Att'y Gen. U.S., No. 24-2433 (3d Cir. May 29, 2026)

  • petition for review withholding of removal; reinstatement; Riley; Matter of Y-L- presumption

Matter of Herrera-Nunez, 29 I&N Dec. 691 (BIA 2026)

  • stay pending motion to reopen; requirement to file stay with DHS first; procedural rules; administrative efficiency; power to create discretionary policies

Matter of Herrera-Nunez, 29 I&N Dec. 695 (BIA 20...

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Alvarado-Paz v. Blanche, No. 25-1119 (4th Cir. June 1, 2026)

  • nexus; BIA missing particular social groups; Salvadoran women; substantial evidence review; CAT assessment; asserting correct particular social groups before IJ

Uddin v. Blanche, No. 24-1067 (4th Cir. June 5, 2026)

  • crime of child abuse; INA § 237(a)(2)(E)(i); sexual images of children on filing sharing platform; N.J. Stat. Ann. § 2C:24-4(b)(5)(a)(iii); review of...
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Buckley v. Blanche, No. 24-1957 (1st Cir. May 29, 2026)

  • review of adjustment of status denial; later filed BIA brief; failure to provide reasoned consideration; substantial Lozada compliance; IJ duty to develop the record; prejudice 

Matter of A-H-D-, 29 I&N Dec. 642 (BIA 2026)

  • past persecution in the Ninth Circuit; police beatings; unable or unwilling to protect and tribal resolution of conflict; Mauritania

...

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Rodriguez-Solis v. Blanche, No. 24-1937 (4th Cir. May 21, 2026)

  • right to counsel; continuance; prejudice; importance of immigration attorney 

Matter of I-B-M-S-, 29 I&N Dec. 628 (BIA 2026)

  • motion to change venue; webex hearing; off the record discussions; IJ bias; IJ as neural arbiter

Matter of L-A-D-, 29 I&N Dec 634 (BIA 2026)

  • Mexican mental health; schizophrenia; particularity; social distinction; se...
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Lopez-Campos, et al. v. Raycraft, et al., No. 25-1965 (6th Cir. May 11, 2026)

  • no mandatory detention of EWIs; Hurtado; seeking admission; INA § 235(a)(2)(B); Laken Riley Act; applicant for admission entry; canon of constitutional avoidance; plain text; statutory interpretation; longstanding agency interpretation; legislative history; use of the word “otherwise”; cannot against surplusage; due process rights of noncit...
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Diahn v. Blanche, No. 24-2066 (4th Cir. May 5, 2026)

  • IJ duty to develop record; pro se respondents; no hearing notice; prejudice;  duty to advise about witnesses; exhaustion 

Matter of J-E-L-, 29 I&N Dec. 605 (BIA 2026)

  • CAT; FBI informants; evidence specific to applicant; unknown identity of kidnappers

Matter of C-P-Y-, 29 I&N Dec. 610 (BIA 2026)

  • LPR “arrival”; serious nonpolitical cri...
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Barbosa Da Cunha v. Freden, No. 25-3141 (2d Cir. Apr. 28, 2026)

  • no mandatory detention for EWIs; Hurtado; seeking admission; INA § 235(a)(2)(B); Laken Riley Act; applicant for admission entry; canon of constitutional avoidance; plain text 

Matter of Shentu, 29 I&N Dec. 595 (BIA 2026)

  • bond; FBI Letterhead Memorandum; national security risk

Matter of Orozco Becerra and Orozco Becerra, 29 I&N Dec. 600 (BIA 2...

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Lopez Martinez v. Blanche, No. 25-1225 (1st Cir. Apr. 23, 2026)

  • anti-gang political opinion; opposition to gang recruitment; imputed political opinion; quasi government; fact-intensive analysis; religion; ignoring protected ground; nexus

Matter of D-G-E-A- & N-G-G-E-, 29 I&N Dec. 570 (BIA 2026)

  • anti-gang political opinion; definition of political opinion; discrete cause tied to a government; de facto government; f...
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Taveras Martinez v. Blanche, No. 24-1741 (1st Cir. Apr. 17, 2026)

  • adjustment of status; clear error review; use of false identity and intent; discretion

Matter of A-M-Z-F-, 29 I&N Dec. 551 (BIA 2026)

  • due process; prejudice; no right to closing argument; Coptic Christians; Muslim Brotherhood; adverse credibility; Egypt 

Matter of M-K-, 29 I&N Dec. 556 (BIA 2026)

  • alleged national security threat to Jewis...
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Velazquez-Olais v. Blanche, No. 25-1244 (7th Cir. Apr. 6, 2026) 

  •  FARO; Riley; ICE emails; review of ICE decision refusing to reopen FARO 

Matter of Bolivar-Bolivar, 29 I&N Dec. 548 (BIA 2026) 

  • termination; in absentia; DHS burden to prove alienage; DHS need not appear; Tepec-Garcia 

Gamas-Vicente v. Blanche, No. 25-3415 (6th Cir. Apr. 7, 2026) 

  • particular social group exhaustion; ...
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Circuit round up (extra cases)!

  • NOID sent to wrong address; I-864 lawsuit; diversity visa lawsuit

Eskilian v. Bondi, No. 20-72157 (9th Cir. Apr. 2, 2026)

  • due diligence for stateless people; no Lozada where ineffective assistance of counsel plain; Cal. Pen. Code § 1473.7 vacatur; equitable tolling of time and number bar; Soviet Armenia

Verduzco Ruiz v. Bondi, No. 18-71787 (9th Cir. Apr. 1, 2026)

  •  reinstatement;...
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Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.

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Herrera Avila v. Bondi, et al., No. 25-3248 (8th Cir. Mar. 25, 2026)

  • mandatory detention for all EWIs; redundant and superfluous statutory interpretation; Hurtado; seeking admission; INA § 235(a)(2)(B); Laken Riley Act; Buenrostro-Mendez

Matter of Mercado-Martinez, 29 I&N Dec. 529 (BIA 2026)

  • reliability of Form I-213; termination; presumption of reliability; establishing alienage; rebutting § 212 charge 

Matt...

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United States v. Aguayo-Montes, No. 24-4072 (10th Cir. Mar. 17, 2026)

  • Padilla; ineffective assistance of counsel; affirmative misadvice; duty to inform of near certain removal; prima facie prejudice; insufficiency of plea warnings;affidavits; 

Matter of Arevalo-Vargas, 29 I&N Dec. 519 (BIA 2026)

  • qualifying relative child ageing out during appeal; exceptional and extremely unusual hardship; children forced to pay ...
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Sufiyan v. Bondi, No. 22-6392 (2d. Cir. Mar. 12, 2026)

  • material support of terrorism waiver; duress; requirement to decide asylum and withholding of removal eligibility in the alternative

Matter of Texperts, Inc., 29 I&N Dec. 491 (AAO 2026)

  • fraud finding after withdrawal of application or petition; timely retraction; multiple H-1B petitions for same beneficiary; distinction between fraud or willful misrepresentation a...
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Urias-Orellana v. Bondi, No. 24-777 (U.S. Mar. 4, 2026)

  • substantial evidence; past persecution review; INA § 242(b); Guerro-Lasprila; Wilkinson; mixed question of law and fact

Ortez Reyes v. USCIS, No. 25-1391 (4th Cir. Mar. 5, 2026)

  • jurisdiction; 8 U.S.C. § 1252(a)(2)(B)(ii); INA § 242(a)(2)(B)(ii); pure question of law exempt; I-730; derivative asylum statute with removal order

Matter of D-J-L-, 29 I&N Dec. 485 ...

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United States v. Lightsey, No. 20-13682 (11th Cir. Feb. 26, 2026)

  • Florida attempt crimes; attempted robbery in violation of Fla Stat § 812.13(2)(b); crime of violence; Taylor; cocaine; prior precedent rule; Abrada-Hechavarria et al. v. Bondi (11th Cir.) (separate parole issue (unpub))

Matter of Forjoe, 29 I&N Dec. 463 (BIA 2026)

  • admission; INA § 237(a)(1)(H) waiver; discretion; retroactivity; extreme hardship; separat...
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Barrie v. U.S. Att'y Gen., No. 24-12504 (11th Cir. Feb. 19, 2026) 

  • aggravated felony rape definition; statutory interpretation; rule against superfluity; review of comparable federal statutes; attempted sexual abuse in violation of  D.C. Code § 22-3002(a)(1); digital penetration 

Matter of L-S-C-R-, 29 I&N Dec. 451 (BIA 2026) 

  • remand for biometrics checks; interests of finality; 8 C.F.R. § 1003.47(...
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