U.S. v. Sarwari An Afghan native who became a naturalized U.S. citizen and works as a translator cannot overturn his convictions for making false statements on passport applications based on identifying himself on the applications as the “father” of his three stepsons; although the application form does not define “father” and common usage of “father” may include “stepfather,” the 4th Circuit upholds the convictions.
Phan v. Holder Although a D.C. court set aside defendant’s conviction for distributing cocaine in a drug-free zone, the conviction still counts for immigration purposes and is an absolute bar to obtaining citizenship, the 4th Circuit says.
Prudencio v. Holder The 4th Circuit vacates a Board of Immigration Appeals’ order of removal for an El Salvadorian native and lawful permanent resident whose removal was ordered after he was charged with a sexual offense against a minor and pleaded guilty to contributing to the delinquency of a minor; the BIA used the wrong method to evaluate what is a crime of “moral turpitude
Turkson v. Holder In deciding this petition for deferral of removal based on petitioner’s fear of torture if he is returned to his native Ghana, the 4th Circuit says the Board of Immigration should have applied the “clearly erroneous” standard instead of the de novo review standard, and it grants the petition, vacates the BIA’s decision in favor of the Department of Homeland Security and remands the case for further proceedings.
Cambridge Southport, LLC v. Southeast Brunswick Sanitary District Even though the original developer defaulted and its Application for Service Capacity Allocation lapsed according to its terms, “An Act to Extend Certain Government Approvals Affecting the Development of Real Property Within the State” saves the new developer from having to re-pay all the fees the original developer had already paid to the defendant-sanitary district.
We affirm summary judgment for the new developer.
LeSueur-Richmond Slate Corp. v. Fehrer A Virginia slate quarry that was subjected to 25 warrantless inspections of its mining operations over a seven-month period under the state’s Mineral and Mine Safety Act and cited for 32 violations has no civil rights claim under 42 U.S.C. § 1983 for illegal searches because neither the Act authorizing the searches nor the conduct of the searches violates the Fourth Amendment; the 4th Circuit affirms dismissal of appellant mine’s suit.
Hancock v. Astrue An administrative law judge can reject findings that a claimant is mentally retarded even if there is only one set of test scores in the record; the 4th Circuit joins the majority of federal appeals courts in this view, and upholds the ALJ’s rejection of this claimant’s application for supplemental security income benefits, in light of her past work history and ability to manage daily life.
Charlotte-Mecklenburg Hospital Authority v. N.C. Department of Health & Human Services Even though the intervenor-applicant asked to build a new emergency department (ED) with 14 beds, it was within the respondent-agency’s authority to grant the application for only a nine-bed ED.
We affirm the agency’s conditional grant of the intervenor’s application and its denial of petitioner’s application.
West Virginia CWP Fund v. Stacy A widow wins survivor’s benefits under the Black Lung Benefits Act without having to prove her coal miner husband died from pneumoconiosis, because the Patient Protection and Affordable Care Act says an eligible survivor of a miner receiving benefits at the time of death is automatically entitled to survivor benefits; the 4th Circuit rejects petitioner’s constitutional and statutory challenges to the PPACA.
Meyer v. Astrue A claimant who suffered back, wrist and shoulder injuries when he fell 25 feet from a deer stand has his claim for social security disability benefits remanded to the Appeals Council because the 4th Circuit cannot determine from the record if substantial evidence supports the denial of benefits.
