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Author Archives: Deborah Elkins

Court OKs Minority Owner’s Pay, Distributions (access required)

A family business that operated a miniature golf course in Virginia Beach and whose majority owner died, cannot recoup “excessive compensation” paid to the minority owner, decedent’s son, who operated the business, says a Virginia Beach Circuit Court. The executor ...

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Field sobriety test results suppressed in Fairfax (access required)

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A trial judge has excluded the results of a driver’s field sobri­ety tests because the telephone translator who conveyed the of­ficer’s instructions to the driver did not come to court. Instructions conveyed through the translator are testimonial, and the driver ...

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Deferred Prosecution Is ‘Conviction’ Under INA (access required)

A divided 4th Circuit panel rejects a petition for review of a Board of Immigration Appeals order finding petitioner, a physician and citizen of India, both removable and inadmissible based on a North Carolina deferred prosecution agreement for computer solicitation ...

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Judge’s Improper Comments Were ‘Plain Error’ (access required)

The 4th Circuit vacates the immigration fraud conviction of an Algerian native who entered the U.S. through the Diversity Immigrant Visa Program, because the district judge’s “persistent and repeated” improper comments on the Program and its participants, all to the ...

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Not ‘Fitting In’ Did Not Prompt Tenure Denial (access required)

Defendant Longwood University wins summary judgment in plaintiff marketing professor’s suit under 42 U.S.C. § 1981 alleging she was denied tenure due to her Turkish ethnicity and national origin, as demonstrated by faculty comments that she “did not fit in”; ...

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