North Carolina Lawyers Weekly

Where the text, structure and history of a program that provides visas to crime victims unlawfully in the country who cooperate with law enforcement did not require the Department of Homeland Security to adjudicate requests, the agency could not be ...

Where unaccompanied immigrant children detained by the government alleged they were not receiving a constitutionally adequate level of mental health counseling, the proper standard was whether the care substantially departed from accepted professional standards. Background Appellants are a class of ...

Where a defendant convicted of possessing child pornography was banned from viewing legal pornography in order to incentivize compliance with other release conditions, this was error. Nothing in 18 U.S.C. § 3583(d) authorizes a district court to use a condition ...

Where the record showed that a deaf inmate could not communicate in writing because of his lack of English proficiency, that point-to-point videophone calls would not have a “ripple effect” on fellow inmates or prison staff, and that the prison ...

Where the consular officer who denied a visa application cited the statutory provisions for the denial and explained her reasoning—that she found the applicant had proffered a falsified passport and lied about her age—the doctrine of consular non-reviewability barred judicial ...

Where an executive order gave states and localities the option of consenting before refugees would be resettled, but the Refugee Act did not provide for “approval” or “consent,” the order was enjoined because affected agencies were likely to prevail on ...

Where homeowners took a deduction for donating an entire house to a charitable organization, but the charity disassembled the house, salvaged useful components and left the remainder for demolition by the homeowners’ contractor, the IRS’s disallowance of the deduction was ...

Allegations that a pharmaceutical company did not sufficiently warn about certain risks of taking an anti-stroke medication were preempted by federal law because it did not have unilateral authority to change the warning label. Background Boehringer Ingelheim Pharmaceuticals Inc. developed ...

Where a franchisee failed to show he exercised reasonable due diligence during the three years of litigation to discover and present evidence of unpaid rent, the district court erred by awarding it damages raised for the first time on a ...

A jury will decide if a prison official’s decision to pepper spray an inmate after he head-butted an officer and was lying on his back in handcuffs was “clearly necessary” to respond to a threat to officer safety or to ...