Where a man challenged an immigration judge’s denial of a waiver of inadmissibility so he could apply for a U visa, federal regulations allow immigration judges, or IJs, to “take any action consistent with their authorities … that is appropriate ...
Read More »Immigration – Immigration judges may grant waivers of inadmissibility
Bankruptcy – Bankruptcy fees amendment is constitutional 
Although a 2017 amendment to the bankruptcy fees provisions may render it more expensive for some debtors in Virginia—as opposed to North Carolina or Alabama—to go through Chapter 11 proceedings, because the difference is a byproduct of Virginia’s use of ...
Read More »Tort/Negligence – No evidence of prolonged exposure to asbestos 
Where the record did not show the decedent had frequent, regular and proximate contact with a company’s asbestos insulation, the company prevailed on the wrongful death claims. Background After Charles F. Connor died at the age of 90 of mesothelioma, ...
Read More »Immigration – Removal not prevented by pardon of underlying conviction 
Where a native of Ghana was pardoned for aggravated felony, drug and firearm offenses, the pardon waiver of removability is limited to the grounds listed in the statute, which does not extend to controlled substance and firearm convictions. The order ...
Read More »Criminal Practice – First Step Act sentences subject to reasonableness review 
In an issue of first impression, the court joined the Sixth Circuit and D.C. Circuit in holding that when a district court exercises discretion to reduce a sentence under the First Step Act, the imposition of the sentence must be ...
Read More »Civil Rights – Prosecutor has immunity against fabricated evidence claim 
Where the government used a flawed analysis to convict the owner of a chain of pharmacies of Medicaid fraud, and he sued the prosecutor for fabricating evidence used at trial, the prosecutor was shielded by absolute immunity because she was ...
Read More »Criminal Practice – Restitution for forced labor includes liquidated damages 
Where the manager of a restaurant effectively enslaved an intellectually disabled person by forcing him to work over 100 hours per week without pay, the restitution order should have included both unpaid minimum wages and overtime compensation computed under the ...
Read More »Criminal Practice – Enhancement is not error where federal building was terrorism target 
Where the defendant obtained and intended to use unregistered silencers to facilitate an attack on a federal building, the district court did not err in imposing a sentence enhancement for committing a felony that involved, or was intended to promote, ...
Read More »Criminal Practice – A § 2255 motion may not be used to challenge a restitution order 
Although there is a “virtual consensus” in the federal circuits in holding that § 2255 provides no avenue to challenge a restitution order, because the challenge here also questioned the term of confinement, that claim was cognizable under § 2255. ...
Read More »Constitutional – Landowners improperly awarded attorneys’ fees in takings case 
Where the amount proposed by the government as compensation for land near a Marine Corp Air Station was closer to the amount awarded by the court than the sum requested by the landowners, the landowners were not entitled to recover ...
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