A defendant convicted of various conspiracy charges related to his involvement with violent jihad groups overseas successfully challenged certain convictions via a § 2255 motion, arguing that offenses invoking the use of force under 18 U.S.C. § 924 lacked proper ...

Tagged with: Criminal Judge Leonie Brinkema U.S. District Court - Eastern District

A Salvadoran immigrant, detained for the past 14 months while he challenges removal, deserves an individual bond hearing to determine whether flight risk or danger to society justifies his prolonged detention. Background Petitioner Jose Rodriguez Portillo first unlawfully entered the ...

Tagged with: Constitutional Criminal Immigration Judge Leonie Brinkema U.S. District Court - Eastern District

A Salvadoran immigrant, detained for the past 14 months while he challenges removal, deserves an individual bond hearing to determine whether flight risk or danger to society justifies his prolonged detention. Background Petitioner Jose Rodriguez Portillo first unlawfully entered the ...

Tagged with: Administrative Constitutional Criminal Due Process Immigration Judge Leonie Brinkema U.S. District Court - Eastern District

Claims against a U.S. military contractor for its involvement in abuse of Abu Ghraib prison detainees can proceed and are not affected by the U.S. Supreme Court’s April decision in Jesner v. Arab Bank PLC. Background This civil action arises out ...

Tagged with: Constitutional International Law Judge Leonie Brinkema Tort U.S. District Court - Eastern District

An immigrant’s conviction for unlawful possession of marijuana with intent to manufacture, deliver, or sell constitutes a conviction of both an aggravated felony and a crime involving moral turpitude. Therefore, the court lacks jurisdiction to review the Board’s rulings on ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Immigration Judge Leonie Brinkema

The Plaintiffs’ decade-old judgment of over $1 million, which they sought to enforce, was vacated due to the court’s lack of subject-matter jurisdiction over the action. The court declined to drop dispensable parties that destroyed jurisdiction, finding that the Plaintiffs ...

Tagged with: Civil Procedure Corporate Judge Leonie Brinkema U.S. District Court - Eastern District

The Department of Corrections was enjoined from reverting back to solitary-confinement conditions for Virginia death-row inmates prior to 2015, as such conditions violate the Eighth Amendment. Background Plaintiffs Thomas Porter, Anthony Juniper, and Mark Lawlor have been convicted of capital ...

Tagged with: Constitutional Eighth Amendment Judge Leonie Brinkema Prisons & Jails U.S. District Court - Eastern District

Nearly 10 years after the action was first initiated, and following numerous motions for reconsideration and interlocutory and direct appeals, plaintiffs asserting claims under the Alien Tort Statute can proceed to discovery against a contractor whose employees allegedly abused and ...

Tagged with: Constitutional Employment International Law Judge Leonie Brinkema Personal Injury Tort U.S. District Court - Eastern District

The Eastern District enjoined the Department of Corrections from reverting back to solitary-confinement conditions for Virginia death-row inmates prior to 2015, as such conditions violate the Eighth Amendment. Background Plaintiffs Thomas Porter, Anthony Juniper, and Mark Lawlor have been convicted ...

Tagged with: Constitutional Criminal Eighth Amendment Judge Leonie Brinkema Prisons & Jails U.S. District Court - Eastern District

Plaintiff John N. Haramalis was required to exhaust his administrative remedies before bringing a constitutional challenge to the expiration of his Mandatory Removal Date, the court said. Haramalis, who had the rank of colonel in the U.S. Army when he ...

Tagged with: Administrative Judge Leonie Brinkema U.S. District Court - Eastern District