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Tag Archives: Judge Julius N. Richardson

BIA’s interpretation of ambiguous phrase given deference (access required)

Where the term “relating to obstruction of justice” is ambiguous about whether an ongoing or a reasonably foreseeable proceeding must be obstructed, the court deferred to the reasonable interpretation of the Board of Immigration Appeals, or BIA. Background Jean Francois ...

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Federal employees can’t sue for disparate impact under ADEA (access required)

The text, structure and legal landscape in which the Age Discrimination in Employment Act, or ADEA, was passed do not support a finding that the statute’s federal-sector provision encompasses disparate-impact liability. Background Dr. Jane DiCocco brought Title VII and Age ...

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Aggravated RICO conspiracy not a ‘crime of violence’ (access required)

Because a defendant may complete the final element of an aggravated RICO conspiracy without using, attempting to use or threatening to use physical force, an aggravated RICO conspiracy is not categorically a crime of violence. Background Antonio Simmons, Nathaniel Mitchell ...

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Habeas granted because of prosecutor’s improper closing arguments (access required)

Where the prosecutor’s improper statements during closing arguments on charges of sexual assault, including asking the jury to convict the defendant based on the prospective sins of others, the remarks so prejudiced the defendant’s substantial rights that he was denied ...

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