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Tag Archives: Judge Allyson K. Duncan

Complete Frivolity Needed for ‘Three Strikes’ Rule (access required)

The “three strikes” rule that prohibits a prisoner from proceeding in forma pauperis if he previously filed three or more actions dismissed as frivolous only applies to actions dismissed entirely as frivolous, malicious or for failure to state a claim; ...

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Court Loses Jurisdiction in Arbitration Appeal (access required)

In an investment firm’s appeal of the district court’s denial of mandatory arbitration in an investor’s lawsuit alleging negligence, negligent misrepresentation, breach of contract and violation of the Investment Advisers Act of 1940, the 4th Circuit joins the majority of ...

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‘Wealth, Americanization’ Don’t Support Immigrant Petition (access required)

The 4th Circuit has no jurisdiction to review a Board of Immigration Appeals’ denial of a Salvadoran’s application for asylum and protection under the UN Convention Against Torture, based on his claim that he fears violent persecution by gangs in ...

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Immigration – Naturalization Application – Removal Proceedings (access required)

A Panamanian citizen and permanent U.S. resident who joined the U.S. Army but then was convicted of a drug offense by a military court cannot obtain review of the denial of his motion to terminate removal proceedings, as the 4th ...

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Constitutional – First Amendment – SSN Publication – Va. Land Records (access required)

Virginia may not enforce a statute that prohibits communication of an individual’s Social Security Number to the general public against an advocate for privacy in online records who republished SSNs of public officials to dramatize her message about a lack ...

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