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Judge Albert Diaz

Dec 9, 2025

Criminal: Section 922(g)(4) withstands post-‘Bruen’ attack

Where the defendant argued that the Second Amendment renders 18 U.S.C. § 922(g)(4), which imposes a lifetime ban on those who have been involuntarily committed to a mental institution from purchasing or possessing a firearm, facially unconstitutional, this challenge failed.

Dec 8, 2025

Criminal: Defendant ‘constructively possessed’ meth

Where the defendant arranged for delivery of the methamphetamine, guaranteed its price, promised that he could arrange delivery of more, told the confidential informant that “we sent that other dude to Texas to pick up what you ordered” and told the government agent that he could “send” somebody else to pick up more meth “right now,” his conviction for constructively possessing the met[...]

Dec 1, 2025

Employment: COVID-19 religious discrimination claims are reinstated

Where two employees pleaded facts making it plausible that their beliefs were an essential part of a religious faith and they connected those beliefs to their refusal to receive the COVID-19 vaccine, the district court erred in dismissing their Title VII claims.

Nov 3, 2025

Criminal: Evidence supports marijuana conspiracy conviction

Where the defendant used his business for marijuana distribution, told another man that third parties wanted to buy marijuana and the other man then supplied marijuana for sales, a jury could reasonably conclude the two men conspired to sell marijuana.

Oct 13, 2025

Negligence: State employee is immune against claims arising out of tax lien

Even if a state employee erred when he failed to require a lien holder to search or check county records anew for the property owner’s address, after learning that mailed notices to redeem her property were returned as undeliverable or unclaimed, he was entitled to qualified immunity.

Sep 22, 2025

Immigration: Petitioner claims he will be tortured if returned to Guyana

Where the Board of Immigration Appeals failed to address a man’s argument that he will be tortured if returned to Guyana, because he’s a Black criminal deportee with physical disabilities, it erred.

Sep 22, 2025

Search and Seizure: Cellphone search was lawful

Where a man argued his Fourth Amendment rights were violated when his probation officer directed him to return home, so he would be present while law enforcement executed a warrant, which allowed the government to seize and search his cellphone, his argument was rejected.

Sep 15, 2025

Tort: Vaccine Act claims filed too late

Where three persons alleging they were injured after receiving a vaccine failed to file required petitions in the Court of Federal Claims within the period allowed by the Vaccine Act, their subsequent federal court suit was dismissed.

Sep 8, 2025

Civil Rights: Man files suit after he’s arrested on stale warrant

Where a man was arrested on a stale warrant that the clerk’s office failed to recall or cancel, the district court erred when it held the clerk was immune on his state-law negligence claims. To be entitled to the immunity, there must be some discretion involved in the action or inaction. Because the lower court did not reach that issue, the case was remanded for that analysis.  

Sep 8, 2025

Constitutional: Fairfax statute limiting firearms in sensitive places is not unconstitutional

Where gun owners challenged a Fairfax statute that prohibits them from bringing their weapons to county parks, the statute survived their facial attack.

Aug 17, 2025

Immigration: Petit larceny is a crime involving moral turpitude

Where a woman argued that petit larceny did not qualify as a crime involving moral turpitude, rendering her ineligible for cancellation of removal, the court rejected this argument.

Aug 4, 2025

Arbitration: Court lacks jurisdiction to review non-final arbitration decision

Where an arbitrator resolved the issue of liability, but ordered the parties to fashion a remedy (while retaining jurisdiction if they reached an impasse), and one party instead challenged the arbitrator’s decision in federal district court while the other party moved to confirm it, the district court lacked jurisdiction over the dispute, because it was not final.

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