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Tag Archives: Judge Diana Gribbon Motz

Suit dismissed due to inability to join indispensable party

Although a Swiss corporation argued the missing party, a British Islands entity, was not indispensable to resolution of claims involving performance under fuel contracts, its own complaint confirmed the missing party was necessary and indispensable. Because joining the missing party ...

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Prior convictions warranted sentence enhancements

Where the defendant’s prior conviction for robbery under Maryland law qualified as a predicate violent felony and his prior Maryland conviction for possession of a controlled substance with intent to distribute constituted a “controlled substance offense” under the Sentencing Guidelines, ...

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Warrantless search of electronic devices was improper

The warrantless forensic searches of defendant’s electronic devices lacked the requisite nexus to the recognized historic rationales justifying the border search exception. Background In April 2015, a minor alerted law enforcement officers that Raymond Idemudia Aigbekaen and another man had ...

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Sentence affirmed despite wrongful application of enhancement

Where the district court wrongly concluded that the defendant’s prior conviction for conspiracy qualified as a controlled substance offense under the Sentencing Guidelines, the defendant was not entitled to resentencing because the defendant failed to raise his objection before the ...

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Prisoner could appeal dismissal of his civil rights complaints

Where a prisoner’s three separate civil rights actions against corrections employees were dismissed on the same day, the prisoner could appeal the dismissals in forma pauperis because a dismissal does not count as a “prior occasion” under the Prison Litigation ...

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Denial of asylum to domestic abuse victim was arbitrary and capricious

The Board of Immigration Appeals acted arbitrarily and capriciously when it upheld the decision of an immigration judge denying asylum to a victim of domestic violence whose uncontroverted testimony established that the police in her home country frequently ignored her ...

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Documents in application all that is needed to decide TPS

Although a defendant satisfied the requirements to receive temporary protected status, or TPS,  and would have been granted TPS had the Immigration and Naturalization Service reviewed all documents in its possession, the denial of TPS was not fundamentally unfair because ...

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