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Tag Archives: Administrative

EDVA: Due process requires bond hearing for long-detained immigrant (access required)

A Salvadoran immigrant, detained for the past 14 months while he challenges removal, deserves an individual bond hearing to determine whether flight risk or danger to society justifies his prolonged detention. Background Petitioner Jose Rodriguez Portillo first unlawfully entered the ...

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4th Cir.: EPA’s water oversight not yet triggered by state inaction (access required)

Although West Virginia has not promulgated or submitted required pollutant limits for its “biologically impaired” waterways, this failure doesn’t yet amount to a constructive submission of “no limits,” which would trigger EPA duties under the Clean Water Act. Background West ...

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CAV: Teacher’s altercation with student was defensive, not a “threat” (access required)

A special education teacher who ended up in a brief physical altercation with a chronically disrespectful student was acting defensively only, which did not support a finding of child abuse or neglect. Background This case concerns an altercation between Appellee ...

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4th Cir.: FAA service of final decision was proper (access required)

The Federal Aviation Administration’s extensions of its own decision deadlines were not equitable justification for untimely filing of a petition to review its ultimate determination. Background The Grand Strand Airport is a public use, general aviation airport located in Horry ...

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CAV: Replacement WCC panel member was proper (access required)

The Workers’ Compensation Commission did not err in finding that the composition of the review panel was proper and that the claimant adequately marketed her residual work capacity. Background Claimant Kathleen Tefft was an assistant freight manager at one of ...

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SCV: Prior retirement foreclosed line-of-duty benefits (access required)

A retired firefighter diagnosed with throat cancer – an occupational disease – was not a “disabled person” prevented from the further performance of his duties and, thus, was not entitled to continuing health insurance coverage. Background Plaintiff Eddie R. Jones Sr. was ...

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CAV: Contempt upheld for “junk” storage in backyard (access required)

A court order requiring a property owner to cure residential zoning violations gave him sufficient notice that he must remove “junk” not only from his front and side yards but also from his back yard. Background In April 2005, Henrico ...

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CAV: State worker had notice of benefit forfeiture (access required)

The Virginia Retirement System correctly held that a public employee forfeited credited service under the Workforce Transition Act when he resumed employment with the Commonwealth in a covered position. Background In 2009, after about 25 years of employment, Appellant Sundersingh ...

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4th Cir.: State drug convictions defeated court’s jurisdiction (access required)

An immigrant’s conviction for unlawful possession of marijuana with intent to manufacture, deliver, or sell constitutes a conviction of both an aggravated felony and a crime involving moral turpitude. Therefore, the court lacks jurisdiction to review the Board’s rulings on ...

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EDVA: Review framework may violate immigrants’ due process rights (access required)

In a defendant’s motion to dismiss his criminal indictment for illegal re-entry, he was entitled to some meaningful review of a deportation proceeding upon which his criminal prosecution was based. While he prevailed on his constitutional claim, he could not ...

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