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)

Immigration Review

Sign Rekha Sharma-Crawford's Matter of Lozada petition!

• https://bit.ly/3FlDGeZ

Matter of K. Gupta, 28 I&N Dec. 653 (BIA 2022)

• attorney suspension; disbarment; 8 C.F.R. § 1003.107; 8 C.F.R. § 1003.102(f)(1); American Bar Association standards; challenging Lozada!

Matter of Triana, 28 I&N Dec. 659 (BIA 2022)

• INA § 245(i); meritorious in fact; approvable when filed; erroneous approval

Song v. Garland, No. 18-2496 (4th Cir. Dec. 1, 2022)

• K-1 fiancé visa; affidavit of support; conditional permanent residence; I-864; Matter of Song; Chevron deference; Auer deference

Alexander-Mendoza v. Att'y Gen. U.S., No. 21-2322 (3d Cir. Dec. 2, 2022)

• knowing, intelligent, and voluntary waiver of appeal; right to appeal; pro se; substantial evidence; motion to reconsider; fundamental fairness

Hammerschmidt v. Garland, No. 21-60462 (5th Cir. Nov. 18, 2022)

• particularly serious crime for withholding of removal; INA § 101(a)(43)(M)(i); amount of loss; restitution order; joint and several liability; fraud crimes

Eneugwu v. Garland, No. 20-61162 (5th Cir. Dec. 1, 2022)

• ineffective assistance of counsel motion to reopen; equitable tolling; biometrics requirement; sua sponte jurisdiction

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