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Tag Archives: Judge Albert Diaz

‘Ambiguous’ whether Honduran would face future threat

Where the record was “ambiguous” and “inconclusive” on whether a woman’s life would be threatened if she returned to Honduras, because she suffered past persecution due to her membership in particular social groups she qualified for withholding of removal. However, ...

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New evidence wouldn’t change outcome of habeas petitions

Although the defendant argued the commonwealth violated his constitutional rights by failing to produce potentially exculpatory evidence, his petition for a successive habeas petition was denied because he could not demonstrate that newly discovered evidence would have resulted in a ...

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Denied benefits, woman challenges expert’s testimony

Although a woman argued her residual functional capacity, which limits her to “simple, routine, repetitive tasks,” conflicted with the vocational expert’s testimony about the category of tasks she is able to perform, there is no inconsistency between her  capacity and ...

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Remote location of defendant’s house necessitated wiretap

Where agents demonstrated that a wiretap was necessary in light of the defendant’s remote location and the lack of success that traditional investigative methods had against his co-conspirator, the defendant charged with conspiracy could not suppress the evidence. Background Demetrius ...

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