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Tag Archives: Judge Paul V. Niemeyer

Sanctions vacated: Defamation, tortious interference claims not frivolous (access required)

Lawyer speaking in courtroom

Where a claimant’s defamation suit was dismissed with a warning that further frivolous pleadings might justify sanctions, her subsequently filed claims based on new conduct were not frivolous and did not warrant sanctions. The 4th U.S. Circuit Court of Appeals ...

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Defendant waited too long to collaterally attack guilty plea (access required)

Where a naturalized citizen whose citizenship was revoked in 2016 waited until 2018 before attempting to collaterally attack his 2010 guilty plea on drug charges, and the record showed he could have discovered facts supporting his claim in 2016, his ...

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BIA erred when it interpreted ‘unambiguous’ rule (access required)

Where a regulation requires the Department of Homeland Security, or DHS, to notify an applicant of the need to provide biometrics, such as photographs and fingerprints; provide the applicant with a biometrics notice; and provide instructions for producing biometrics, the ...

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Prison’s policy did not violate Muslim detainee’s rights (access required)

Where a practicing Muslim detainee argued that he should not be forced to purchase his prayer oils from a commissary that sells “swine and idols” because Islam prohibits buying religious items from such vendors, the corrections department properly prevailed at ...

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