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, ...

Tagged with: 4th U.S. Circuit Court of Appeals Immigration Judge Albert Diaz

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Albert Diaz

Where the jury was properly instruct­ed, the district court did not err in an­swering a question from the jury, the defendant was permitted to develop his defense theory through cross-examina­tion of an FBI agent and the jury’s ver­dict was supported ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Albert Diaz

The arguments of two defendants, members of the MS-13 street gang who were convicted in a racketeering case, that the district court made numerous evidentiary errors during the trial were rejected. In addition, claims by one of the defendants who ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Albert Diaz

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Judge Albert Diaz

Where the complaint plausibly alleged plaintiffs only learned about possibly improper conduct involving a merger within a year of filing suit, the class action was potentially timely; and where plaintiffs plausibly alleged the omission of material facts from proxy documents, ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Albert Diaz Securities

Although the defendant challenged the search warrant that led to his plea to possession of child pornography, there was probable cause for the warrant because the facts in the affidavit supported a reasonable inference that someone using his IP address ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Albert Diaz

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Albert Diaz

Although the United Mine Workers Benefit plan argued that Consol Energy’s change in benefits violated federal law, the alleged risk of harm to the beneficiaries was too speculative to confer standing. Background Consol Energy Inc. is required under the Coal ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Albert Diaz Labor

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Judge Albert Diaz