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Tag Archives: Judge Paul V. Niemeyer

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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Applicant granted remand not entitled to attorneys’ fees (access required)

Where a district court directed the U.S. Citizenship and Immigration Services, or USCIS, to adjudicate the plaintiff’s naturalization application within 45 days and retained jurisdiction to hear the case if the agency failed to comply, the plaintiff did not qualify ...

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Government’s discovery failures at coal mine trial excused (access required)

Where the government failed to produce documents in the trial of the Massey Energy CEO who, after a coal mine explosion, was convicted of conspiracy to willfully violate mandatory federal mine safety and health standards, his conviction was upheld because ...

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