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Tag Archives: 4th U.S. Circuit Court of Appeals

No Relief from Removal for ‘Inconclusive’ Record (access required)

A lawful permanent resident, from former Jordanian territory, loses his challenge to the Board of Immigrations Appeals’ decision that he is removable and ineligible for cancellation of removal, due to his criminal record, which includes a Virginia conviction for petit ...

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Court Erred in Applying ‘Excessive Fines’ Clause to Forfeiture (access required)

The 4th Circuit affirms the judgment that an Ethiopian citizen engaged in illegal currency structuring through his deposits into two different banks in Fairfax, Va., but the appellate court says the district court erred in reducing the corresponding civil forfeiture ...

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Naturalization Process Differs When Parents Unmarried (access required)

Although an immigration judge in 1998 terminated a deportation proceeding against petitioner, a native of Jamaica, with the comment that petitioner appeared to be a U.S. citizen by virtue of his father’s naturalization, the comment was not a declaration that ...

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Good-Faith Exception Does Not Save Child Porn Conviction (access required)

The 4th Circuit reverses defendant’s child pornography conviction because evidence seized pursuant to a deficient search warrant should not have come in under the Leon good-faith exception; information provided to the local magistrate did not show when defendant allegedly possessed ...

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No ‘One Free Lawyer’ Rule for Appointed Counsel (access required)

Although a defendant charged with racketeering and drug conspiracy feared his lawyer would “sabotage” his defense after they argued over challenging defendant’s prior convictions, and the district court erred in telling defendant “one lawyer is your free limit,” the district ...

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Note Holder Can Foreclose in Va. on Securitized Loan (access required)

A Virginia mortgage borrower cannot challenge a note holder’s foreclosure, by substitute trustee, on the borrower’s Woodbridge property on a theory that only the original lender has authority to foreclose; the 4th Circuit says the Virginia legislature has given parties ...

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