Tag Archives: Judge Diana Gribbon Motz

Sentence affirmed despite wrongful application of enhancement (access required)

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 (access required)

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 (access required)

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 (access required)

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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First Amendment rights not violated by revocation of privileges (access required)

Plaintiffs’ First Amendment rights were not violated when a transit authority revoked their access to certain restricted property even though the revocation was made in retaliation to activities protected under the First Amendment. Background Plaintiff David McClure is the president ...

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Statute tolled on 1983 claim while remedies are exhausted (access required)

Students from the University of Virginia law school persuaded the court to join other circuits in holding the statute of limitations was equitably tolled during the period the prisoner was exhausting his administrative remedies, thus making his § 1983 excessive ...

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