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Nov 28, 2012

Administrative – Real Property – Railroad Right-of-Way – Conversion – Indemnity – Sovereign Immunity

Maryland Transit Administration v. Surface Transportation Board The 4th Circuit upholds a federal agency’s interpretation of its regulation under the National Trails System Act to require a state agency that wants to sponsor conversion of a railroad right-of-way to a public trail to indemnify the railroad against “any potential liability”; the regulation does not require a state age[...]

Nov 28, 2012

Administrative – Immigration – Removal – Card-Carrying ‘Terrorist’

Viegas v. Holder An Angolan citizen cannot overturn the Board of Immigration Appeals’ denial of relief from removal, as his activities of paying monthly dues to and hanging posters for a terrorist organization disqualify him under the “Material Support Bar,” the 4th Circuit says.

Nov 19, 2012

Administrative – Environmental – Wild Animal – Possession Permit – Unauthorized

People for the Ethical Treatment of Animals, Inc. v. North Carolina Wildlife Resources Commission The only type of unspecified “other” permit that the respondent Wildlife Resources Commission (WRC) is authorized to issue is one providing for closer than usual control. The WRC had no authority to create a new type of “other” permit in order to allow someone to capture a wild possum[...]

Nov 13, 2012

Administrative – Immigration – Legal Resident – Waiver Eligibility

Leiba v. Holder Although petitioner, a native of El Salvador, was convicted of the aggravated felony of receipt of stolen property after entering the U.S. illegally and later obtaining permanent legal resident status, he nevertheless is eligible for a waiver pursuant to § 212(h) of the Immigration and Nationality Act, and the 4th Circuit grants his petition for review.

Nov 13, 2012

Administrative – Social Security – VA Disability Rating – ‘Substantial’ Weight

Bird v. Comm’r of Social Security Administration A claimant who suffered post-traumatic stress disorder due to his combat experience in Vietnam gets another chance to win social security disability benefits, as the 4th Circuit says the administrative law judge erred by failing to give retrospective consideration to medical evidence created after claimant’s “date of last insurance�[...]

Nov 13, 2012

Administrative – Certificate of Need – Operating Room – Teaching Hospital

Novant Health, Inc. v. N.C. Department of Health & Human Services Even though Policy AC-3 of the State Medical Facilities Plan (SMFP) allows teaching hospitals like intervenor N.C. Baptist Hospital to obtain new operating rooms that would not otherwise be permitted under G.S. § 131E-183, the Department of Health and Human Services, through the SMFP, has expressly authorized teaching hosp[...]

Nov 7, 2012

Administrative – Immigration – Credibility – REAL ID Act

Singh v. Holder Applying the provisions of the REAL ID Act to credibility findings by an immigration judge, the 4th Circuit upholds adverse credibility findings against a Sikh who claims he will be persecuted or tortured if returned to his native India, and denies a petition for review seeking withholding of removal.

Oct 24, 2012

Administrative – Regulations – Statute of Limitations – Firearms Sales – Gun Shows

Hire Order Ltd. v. Marianos Two federally licensed firearms dealers lose their challenge to Revenue Ruling 69-59, which restricts federal firearms licensees’ ability to sell firearms at out-of-state gun shows, because they did not file suit within six years of publication of the regulation, as required by 28 U.S.C. § 2401(a); the 4th Circuit affirms dismissal of the dealers’ suit.

Oct 24, 2012

Administrative – Civil Forfeiture – Cultural Property – Importer – Chinese & Cypriot Coins

Ancient Coin Collectors Guild v. U.S. Customs & Border Protection, DHS The 4th Circuit rejects appellant coin importer’s challenge to the government’s seizure of coins, based on restrictions on Chinese and Cypriot cultural property under the Convention on Cultural Property Implementation Act, 19 U.S.C. §§ 2601-2613; Congress already has prescribed civil forfeiture as a vehicle throu[...]

Oct 11, 2012

Administrative – Civil Practice – Service of Process – Time Enlargement

Schermerhorn v. North Carolina State Highway Patrol Even though petitioner served his petition for judicial review on the respondent-agency’s counsel, an assistant attorney general, such service was inadequate to meet G.S. § 150B-46’s requirement that copies of the petition be served “upon all who were parties of record to the administrative proceedings.”

Oct 4, 2012

Administrative – Medicaid – Fraud Investigation – Payment Suspension – ‘Good Cause’ Determination – Constitutional – Due Process

Team Daniel, LLC v. North Carolina Department of Health & Human Services, Division of Medical Assistance 42 C.F.R. § 455.21(a)(1) says Medicaid payments must be suspended during the investigation of a credible allegation of fraud unless good cause is found for not suspending payments or suspending them in part only. The chief of the Division of Medical Assistance Program Integrity Behavi[...]

Sep 13, 2012

Administrative – CON – Completed Application – Operating Rooms – Shared vs. Ambulatory

WakeMed v. North Carolina Department of Health & Human Services Even though, when it applied for a certificate of need for three operating rooms, Holly Springs Surgery Center’s application failed to include Sections III.3 – III.9, the respondent-agency found the information from the omitted sections in other parts of HSSC’s application.

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