19Jan

Drug Conviction Renders Petitioner Ineligible for Relief Under the INA or CAT Despite Fleeing Gang Violence in Central America

By Elizabeth DeFrance On December 4, 2015, the Fourth Circuit issued a published opinion in the case, Hernandez-Nolasco v. Lynch, in which the petitioner sought review of orders of the Board of Immigration Appeals (BIA). Being Kidnapped And Threatened By A Gang After His Brother and Father Were Killed Failed to Meet The Burden of Proving […]

Tags: Criminal Law Immigration

21Oct

Man Declared Not an “Armed Career Criminal” After Ten Years of Appealing Sentence

Categories: 4th Cir. Blog Uncategorized

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By: Mikhail Petrov On June 30, 2015, in the criminal case of United States v. Newbold, the Fourth Circuit issued a published opinion vacating Joseph K. Newbold’s sentence and remanding the case for proceeding consistent with the Court’s opinion. In this case, the Fourth Circuit examined whether Newbold’s guilty plea from 2005, paired with three preceding […]

Tags: Armed Career Criminal Act Criminal Law Firearm Sentencing Guidelines

5Mar

Prospective Request for Attorneys’ Fees Did Not Violate Fair Debt Collection Practices Act

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By Rolf Garcia-Gallont In an opinion published today, the Fourth Circuit affirmed the district court’s decision in the civil case of Elyazidi v. SunTrust Bank, dismissing all claims brought by the appellant and original plaintiff, Mounia Elyazidi. Facts and Procedural Posture Elyazidi overdrew her SunTrust checking account when, despite having only a few hundred dollars in […]

Tags: Civil Litigation Debt Collection

3Dec

Patel Feedback

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Spader: Anisha Patel <[email protected]> Emailed Feedback [formidable id=36] Private Numeric Scores

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21Nov

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

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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 […]

Tags: False statement Fraud Investment Investment Adviser Sophisticated means

7Nov

Adverse Credibility Rulings Are Distinguishable from Willful Misrepresentation in Immigration Hearings

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by David Darr On Wednesday, in Yang v. Holder, the Fourth Circuit granted the petitioner’s petition for review, vacated the decision of the Board of Immigration Appeals (BIA) that affirmed an immigration judge’s (IG) decision to deny the petitioner’s application for relief from deportation, and remanded the case further proceedings Was There Evidence of Yang’s […]

Tags: Immigration Misrepresentation Notice

24Oct

Wrongful Termination Lawsuit by Injured Employee Fails

Categories: 4th Cir. Blog Uncategorized

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By: Michael Klotz In Sledge v. Graphic Packaging International Inc., the Fourth Court affirmed the lower court decision awarding summary judgment to the Defendant, a custom packing products manufacturer, on both claims in a wrongful termination lawsuit. Ms. Sledge, a former employee, alleged that the Defendant violated the North Carolina Retaliatory Discrimination Act (“NCRDA”) and […]

Tags: Worker's Compensation Wrongful termination

21Aug