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Tag Archives: Judge Albert Diaz

Rescission of DACA was arbitrary and capricious (access required)

The Department of Homeland Security’s decision to rescind the Deferred Action for Childhood Arrivals policy established in 2012 was arbitrary and capricious because the memo explaining that decision did not identify any basis for the department’s view that the program ...

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Expert authentication not needed for cellphone data extraction (access required)

Testimony from a Department of Homeland Security intern about how he extracted cellphone data was not improper opinion testimony, and did not require expert testimony for authentication purposes. And the district court did not commit plain error by concluding a ...

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Dismissal of church’s suit against Baltimore County vacated (access required)

The dismissal of a church’s suit was vacated, allowing it to pursue claims against Baltimore County alleging it discriminated against the church on religious grounds in violation of a federal statute and the Constitution by denying it permission to operate ...

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Denial of church permit was religious discrimination (access required)

Where a church’s petition to operate on property made substantial efforts to comply with the applicable zoning laws and was not opposed by the relevant authorities, the denial of the petition after objections from the surrounding community constituted religious discrimination. ...

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Prolonged seizure of cellphone rendered it inadmissible (access required)

Evidence from defendant’s cellphone should have been suppressed at trial because the police did not have a reasonable justification for their delay in obtaining a search warrant, but hearsay testimony was properly admitted because the defendant actively caused the declarant ...

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