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Administrative

Administrative – Health Care Personnel Registry – Patient Abuse Allegation – Labor & Employment (access required)

Byrom v. Department of Health & Human Services, Division of Health Service Regulation At an assisted living facility, activities assistant Rodriquez allegedly stuck her head inside a resident’s room and saw petitioner sexually abusing the resident by standing behind her and rubbing her breasts. However, Rodriquez did not intervene and did not immediately tell her fellow activities assistant who was standing down the hall. Instead, Rodriquez went to her supervisor’s office to report what she had seen.

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Administrative – Driver’s License – Restoration – ‘Excessive User of Alcohol’ (access required)

Simpson v. Robertson Fifteen years after having his driver’s license permanently revoked because of multiple DWIs, petitioner presented evidence that he only occasionally drinks beer or wine. Respondent denied the petition based on its misconstruction of the term “excessive user of alcohol” to include “anyone [who] consumes an alcohol[ic] beverage and operates a motor vehicle to any degree” and anyone who does not totally abstain from drinking rather than exceeding what is usual, proper, necessary, or normal. Respondent incorrectly imposed a higher standard on petitioner than required by N.C. law; thus, its decision was arbitrary and capricious.

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Administrative – Immigration – Naturalized Citizen – Passport Applications — False Statements – ‘Father’ of Stepsons (access required)

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.

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Administrative – Immigration – Removal Order – ‘Moral Turpitude’ – Contributing to the Delinquency of Minor (access required)

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

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Administrative – Immigration – Deferral of Removal Petition – Fear of Torture – Standard of Review (access required)

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.

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Administrative – Real Property – Development Permits – Wastewater Treatment – Expiration – Statutory Tolling (access required)

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.

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Administrative – Search & Seizure – Slate Quarry – Repeated Warrantless Inspections (access required)

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.

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Administrative – Social Security – Evidence — Mental Retardation – Single IQ Test (access required)

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.

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