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Opinion Digests

Comp Denial Based on Phony Forgery Claim (access required)

The Virginia Employment Commission’s handling of a medical technologist’s proffers of proof that she did not falsify a doctor’s note, and denial of unemployment compensation based on her “misconduct,” are reversed as “arbitrary and capricious” by the Fairfax Circuit Court. ...

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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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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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