The Fourth Circuit decided a immigration matter and a criminal case involving a defendant’s challenge to his sentence under the armed career criminal enhancement.
In Cervantes v. Holder, No. 09-1519, the court faced a challenge to the BIA’s decision affirming the IJ’s denial of an application for temporary protected status by two brothers from Honduras, whose [...]
The Fourth Circuit decided two immigration cases and a 42 U.S.C. section 1983 case involving whether defendants are liable for a child who has been involuntarily removed from her home by state social workers and knowingly placed in a dangerous foster care environment.
In Doe v. S. Carolina Dep’t of Soc. Servs., No. 08-2161, the court [...]
In Nickey Gregory Co. LLC, v. AgriCap, LLC, No. 09-1130, the Fourth Circuit addressed the issue of whether the plaintiffs, sellers of perishable agricultural commodities, could seek disgorgement from a defendant-financier money owed them for the sale of produce to a bankrupt produce distributor under the Perishable Agricultural Commodities Act (PACA).
As stated in the decision: “The distinction [...]
In US v. Goodwyn, No. 09-7316, the court faced a challenge to the district court’s grant of defendant’s motion for a reduction in his sentence a second time within eight months. In reversing the decision, the court held that although the district court acted within its authority to grant the first motion under 18 U.S.C. [...]
The Fourth Circuit decided two criminal cases today, one involving a challenge to district court’s imposition of a mandatory minimum sentence based on violation of a state’s blue-light statute, and a second criminal case involving suppression of evidence.
In US v. Rivers, No. 09-4336, the court faced a challenge to the imposition of a mandatory fifteen-year [...]
In In Re: Grand Jury Subpoenas (T-112), No. 06-2125, the Fourth Circuit faced a challenge to the district court’s finding of contempt of twelve corporations suspected of participating in financing terrorist activities, for refusing to turn over documents demanded by grand jury subpoena.
In rejecting claims brought by one of the corporations of Fourth Amendment violations and [...]
In Gao v. Holder, No. 07-2070, the court faced a challenge to the BIA’s denial of Chinese petitioner’s applications for withholding of removal and asylum.
In approving the Attorney General’s finding that a conviction for unlawful export is an aggravated felony under section 1231(b)(3)(B), the court stated: “The statute does not declare that some categories of crimes [...]
In Raymond James Fin. Servs., Inc. v. Bishop, No. 09-1038, the Fourth Circuit addressed the issue of a decision by the district court vacating an award of compensatory damages rendered by an arbitration panel for three former employees of defendant-company for wrongful termination.
As stated in the decision: “Notwithstanding that the appellant’s fundamental claim was one [...]
In Culosi v. Bullock, No. 09-1042, the Fourth Circuit faced a challenge by a police officer, whose motion for summary judgment on the ground of qualified immunity, for the fatal shooting of an optometrist being investigated for gambling offenses, was denied by the district court.
As stated in the decision: “It is clear that the district [...]
In Appleby v. Warden, N. Reg’l Jail & Corr. Facility, No. 07-7613, the Fourth Circuit was faced with a criminal defendant’s challenge to his sentence of life imprisonment arguing that the recidivist proceeding against him was the consequence of his guilty plea (which he later argued rendered his plea not knowing and involuntary) to drunk-driving related offenses.
In [...]