Wake Forest Law Review

14Jan

Va. Unauthorized Use Not Felony Under INA “Theft Offense”

Categories: 4th Cir. Blog
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By Andrew Kilpinen Today, in Julio Castillo v. Eric Holder, Jr., the 4th Circuit vacated an order of removal finding that Castillo’s 1995 conviction of unauthorized use of a motor vehicle does not qualify categorically as an “aggravated felony” under the Immigration and Nationality Act (“INA”). Castillo argued on appeal that his conviction for unauthorized […]

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13Jan

Fourth Circuit Considers Fourth Amendment Rights of Parolees

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By: Caroline Daniel In United States v. Hill, a published opinion released today, the Fourth Circuit considered how Fourth Amendment protections apply to citizens who are on supervised release. Question About Conditions of Defendant’s Supervised Release Defendant Eric Barker was serving a term of supervised release in February 2013.  As a condition of the release, Barker was required to […]

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13Jan

Size Restrictions Are Not Speech Restrictions

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By Chad M. Zimlich In a decision handed down on Tuesday, the Fourth Circuit was confronted with the case of Central Radio Co. Inc. v. City of Norfolk, which arose from a citation of the owner of a 375 square-foot sign and a possible violation of the owner’s rights under the First and Fourteenth Amendments. […]

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13Jan

Public Policy Claim Against Wrongful Discharge Sufficient For Trial

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By Dan Menken Last Thursday, January 8th, in Weidman v. Exxon Mobil Corp., the Fourth Circuit affirmed the district court’s denial of Plaintiff’s motion to remand and also affirmed the dismissal of all but one of his tort claims. Because the dismissal of one of Plaintiff’s claims was reversed, the Circuit Court remanded the case […]

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12Jan

Sunset Date For Alien Seeking Adjustment of Status Under 8 U.S.C. § 1255(i) Cannot Be Equitably Tolled

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By: Steven M. Franklin Today, in Prasad v. Holder, the Fourth Circuit affirmed the Board of Immigration Appeals’ (BIA) order dismissing Mr. Kamleshwar Prasad’s adjustment of status claim under 8 U.S.C. § 1255(i)(1)(B)(ii) for failure to show prima facie eligibility for relief. Petitioner Prasad Sought to Become Lawful Permanent Resident Under 8 U.S.C. § 1255(i) […]

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25Nov

Fourth Circuit Holds the District Courts Retain Jurisdiction to Issue Sanctions and Vacatur After Remand to State Court

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By Taylor Ey Today, the Fourth Circuit issued its decision in a rehearing en banc in Barlow v. Colgate Palmolive Co.  Plaintiffs Barlow and Mosko brought separate actions in Maryland state court against Colgate Palmolive Company (“Colgate”) and other companies, asserting that defendants’ products had exposed them to asbestos.  Plaintiffs contended that Colgate’s “Cashmere Bouquet” line of […]

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25Nov

ALJ’s Decision to Deny Disability Benefits Affirmed

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By: Katharine Yale Today, in Jones v. Astrue, an unpublished opinion, the Fourth Circuit affirmed an Administrative Law Judge’s decision to deny Jones’ application for insurance disability benefits.   The ALJ found that Jones’ hearing loss, knee pain, and foot problems did not render her disabled. Substantial Evidence is the Standard of Review for the ALJ’s […]

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24Nov

Falsely Claiming U.S. Citizenship on Form I-9 Renders Alien Inadmissible

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By Marcus Fields Is an Alien Who Falsely Claims United States Citizenship in Seeking Private Employment Inadmissible? Today in Dakura v. Holder, the Fourth Circuit established that an alien who falsely claims United States citizenship on a Form I-9 in order to gain private employment is barred, as a matter of law, from admission to the […]

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24Nov

Fourth Circuit Affirms 108-Month Sentence under Procedural & Substantive Reasonableness

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By Kelsey Kolb Today, in United States v. Contee, the Fourth Circuit affirmed by unpublished per curiam opinion the District Court for the District of Maryland’s 108-month sentence for defendant Sean Bradford Contee. Pursuant to a plea agreement, Contee pled guilty to a violation of 18 U.S.C. § 846, conspiracy to distribute and possess with […]

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21Nov

There is No Common Law Procedure to File a Lien in North Carolina

Categories: 4th Cir. Blog
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by David Darr Today, in Kingston at Wakefield Homeowners Association, Inc. v. Castell, an unpublished per curium opinion, the Fourth Circuit affirmed the decisions of the Eastern District of North Carolina and a North Carolina bankruptcy court finding Kim Castell, the debtor, did not have to pay $678.75 to Kingston at Wakefield Homeowners Association (HOA). […]

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21Nov

Defendant Acted as an Investment Adviser in a Fraudulent Scheme Employing “Sophisticated Means”

Categories: 4th Cir. Blog Uncategorized
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By: Michael Klotz               Today, in United States v. Graves, the 4th Circuit affirmed the conviction of John Robert Graves, a former F.B.I. employee who—along with his wife—ran a sophisticated investment scheme that he used to defraud mostly elderly investors. Mr. Graves raised three issues on appeal. First, he claimed that his conviction for making […]

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20Nov

Fourth Circuit Finds No Clear Error in Defendant’s 152-Month Sentence

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By: Steven M. Franklin Today, in U.S. v. Hill, the Fourth Circuit found no clear error in the District Court for the Eastern District of Virginia’s decision to sentence Mr. Antoine Hill to 152 months in prison. Defendant Appeals 152-Month Prison Sentence Mr. Hill was originally sentenced to 300 months in prison. After finding that […]

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