Where plaintiffs argued that a new Environmental Impact Statement, or EIS, is required from an agency reviewing a proposed toll bridge across North Carolina’s Currituck Sound, their arguments were rejected. Although the plaintiffs pointed to new information about traffic forecasts, ...

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

Where a man alleged that South Carolina’s Financial Identity Fraud and Identity Theft Protection Acts were violated when he was required to enter six digits of his social security number, or SSN, to access certain information, but he never alleged ...

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

Where a man who pleaded guilty to transporting child pornography was ordered to not access any pornography, but the government failed to offer any individualized evidence, like testimony from a witness responsible for the man’s treatment that linked his consumption ...

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

Where a bank robber agreed to a sentence of 384 months as part of a plea deal, and thus avoided a potential sentence of 1054 months, the district court did not err in considering that plea deal when it denied ...

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

Where the Board of Immigration Appeals determined a native and citizen of Mexico was ineligible for cancelling his removal because he had been convicted of identity theft under Virginia law, and that was a crime of moral turpitude, it did ...

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

Where the defendant was deported to Mexico to serve his sentence, pursuant to a treaty between the United States and Mexico, and when he then illegally reentered the United States after he was released by Mexican authorities, the district court ...

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

Where substantial evidence showed that the decedent ingested a dose of fentanyl sufficient to cause death, even if taken on its own, and that she, in fact, died from the fentanyl, the defendant’s conviction for distribution of fentanyl resulting in ...

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

Where a nonresident applied for conditional permanent residence in the United States, and submitted an affidavit of support from her spouse as required by the regulations, but the spouse then withdrew the affidavit, the Board of Immigration Appeals did not ...

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

Where an antiabortion organization challenged a Charlotte picketing ordinance, and the city then agreed to a consent order that allowed the organization to distribute literature outside an abortion clinic, the organization was entitled to recover its attorney’s fees as a ...

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

Where a company argued that an employee’s Family and Medical Leave Act, or FMLA, claim failed because the statute required him to use the company’s “usual and customary notice and procedural requirements for requesting leave,” and he used Facebook Messenger ...

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