Tag Archives: Judge J. Harvie Wilkinson III

Taking custodial liberties with child a deportable offense (access required)

A defendant who pleaded guilty to taking custodial indecent liberties with a child, a felony under Virginia law, was deportable under the Immigration and Nationality Act because the offense categorically qualified as the aggravated felony of sexual abuse of a ...

Read More »

Providing false documents to U.S. Attorney leads to obstruction conviction (access required)

An individual who received grand jury subpoenas seeking financial records for his companies, and who then provided false records to a United States Attorney, could not argue he intended merely to influence the U.S. Attorney’s Office, and not the grand ...

Read More »

EPA had discretion on water quality standards (access required)

The Environmental Protection Agency was not required to accept a standard proposed by a wastewater treatment plant that utilized an older methodology previously used by the EPA. Moreover, the EPA’s decision to examine the standard using the most innovative technology ...

Read More »

Education Dep’t can’t be sued for alleged FCRA violation (access required)

The Department of Education will not face a suit from a borrower alleging the department violated the Fair Credit Reporting Act by not conducting an investigation into the borrower’s dispute because the department has not waived its sovereign immunity against ...

Read More »

‘Incumbent Protection Act’ is unconstitutional (access required)

In rejecting the commonwealth’s challenge to a decision that the “Incumbent Protection Act” violates the First Amendment, the court found the law’s operative provisions are unconstitutional and impose a “severe” burden on the associational rights of Virginia’s political parties. Background ...

Read More »

Blind man, not a member, lacks standing to sue credit union website (access required)

A blind man who complained that the website of the Department of Labor Federal Credit Union was not accessible to the disabled lacked standing to sue because he was not a member. Background The Department of Labor Federal Credit Union ...

Read More »