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Tag Archives: Judge Stephanie Dawn Thacker

USAG opinion on authority of immigration judges abrogated (access required)

Where former U.S. Attorney General Sessions opined that immigration judges and the Board of Immigration Appeals, or BIA, lack authority to administratively close cases, but his opinion was at odds with the plain meaning of the regulations and the government ...

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Sentence reduction requirement not jurisdictional (access required)

Although 18 U.S.C. § 3582(c)(1)(A) requires a defendant to exhaust his administrative remedies before seeking a sentence reduction in federal court, because the requirement was a nonjurisdictional claim-processing rule, it could be waived or forfeited. Background Saeed Abdul Muhammad moved ...

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Exclusion of LGBTQ essay did not violate free speech (access required)

Where an elementary school principal omitted a fourth grader’s essay on LGBTQ equality from a student booklet because the material was not age-appropriate, she did not violate the First Amendment as her decision was reasonably related to legitimate pedagogical concerns ...

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First Step sentence reductions must be explained (access required)

Where defendants were granted reductions in their terms of supervised release under the First Step Act, the district court erred in not providing explanations for its decisions. Background Timothy McDonald, Anthony Ballard and Riccardo Mercellus Davey appeal district court orders ...

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HHS abortion rule enjoined (access required)

A rule promulgated by the Department of Health and Human Services, prohibiting physicians and other providers in Title X programs from referring patients for an abortion and imposing other requirements on entities receiving Title X funds, was enjoined. HHS inadequately ...

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‘Brady’ violations might have resulted in different outcome (access required)

Where evidence disclosed since a conviction for rape and burglary 44 years ago suggests the police suppressed material evidence in violation of the defendant’s rights under Brady v. Maryland, 373 U.S. 83 (1963), the district court was directed to consider ...

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