Post‑Hoc Alternative Grounds Do Not Cure Fabrications: Fourth Circuit Affirms Frivolous Asylum Finding and Demands Individualized Proof for Withholding/CAT Remands Case: Gurwinder Singh v. Pamela Jo...
De Novo, Not Clear Error: Fourth Circuit Requires BIA to Review Application of the § 1101(f)(6) False-Testimony Bar De Novo and Reaffirms Jurisdiction over Mixed Questions Post-Wilkinson Introduction...
No Civil Conspiracy Without an Independently Actionable Predicate; Interference with Parental Rights Requires Actual Removal from Custody Case: Amy Kissinger-Stankevitz v. Town of Tappahannock, et...
Fourth Circuit Holds that a Principal Officer’s Ratification Cures Appointments Clause Defects in Rulemaking and Is Not Impermissibly Retroactive Case: Eliza Wille v. Howard Lutnik (and related...
No More Boilerplate: Fourth Circuit Requires Meaningful Engagement with Country‑Conditions Evidence in Gender‑Based Asylum and CAT Claims Introduction In Reyna Alfaro‑Zelaya v. Bondi, the Fourth...
United States v. Cuellar: Fourth Circuit Reaffirms Co‑Conspirator Drug Quantity Attribution and the Presumption of Reasonableness for Below‑Guidelines Sentences Court: United States Court of Appeals...
Fourth Circuit Confirms No Financial-Distress Prerequisite for Bankruptcy Court Jurisdiction: En Banc Rehearing Denied in Bestwall (Texas Two‑Step Context) Introduction In Bestwall LLC v. Official...
No “Multiplicative” Preliminary Injunction Standard: Fourth Circuit Denies Shutdown-Based Extension to Fast-Track Clarification in AFT v. Bessent Introduction In American Federation of Teachers v....
Order-by-Order CSA Compliance and Monetary Abatement: Fourth Circuit Holds Opioid Distribution Can Constitute a Public Nuisance Under West Virginia Law Case: City of Huntington, West Virginia &...
West Virginia Public Nuisance Law Embraces Opioid Distribution Claims and Permits Monetary Abatement: City of Huntington v. AmerisourceBergen (4th Cir. 2025) Introduction In City of Huntington, West...
The “Middle Ground” Standard for Medical Rebuttal: Fourth Circuit Upholds ALJ’s Use of the 2000 Preamble as Guidance and Requires Individualized, Literature-Grounded Expert Opinions in Black Lung...
No Advisory Opinions After Supervision Ends; PLRA Screenings Must Distinguish Absolute vs. Qualified Immunity and Substantive vs. Procedural Due Process Crowder v. Herman, No. 24-6674 (4th Cir. Oct....
Payment Logistics, Not Testing Frequency: Fourth Circuit Clarifies Permissible Probation Roles in Drug-Testing Conditions on Supervised Release Introduction In United States v. Kevin Jamal Jones, No....
Common‑Area Visibility as the “Additional Nexus” for Proving Knowledge of Firearms in Joint‑Occupancy § 924(c) Cases United States v. Aaric Murray and Richard Kirkland Johnson, No. 23‑4328 & 23‑4331...
United States v. Johnson (4th Cir. 2025): Circumstantial Proof of Firearm Knowledge in Jointly Occupied Homes Suffices for § 924(c) Aiding-and-Abetting Court: U.S. Court of Appeals for the Fourth...
Undue Hardship After Groff: Fourth Circuit Holds Health and Safety Risks and Aggregate Operational Disruption Justify Denial of Religious COVID-19 Vaccine Exemptions in Healthcare Introduction In...
Repealed-State-Law Convictions Still Count for Federal Criminal History and Pre–Amendment Acquitted-Conduct Sentencing Remains Valid: United States v. Adkins Introduction This commentary examines an...
Unpublished Clarification: Testimonial Inconsistencies Alone Do Not Trigger a Mental-Competency Inquiry; Adverse Credibility Can Make Country-Conditions Evidence Irrelevant to CAT Relief Introduction...
United States v. Simpson: Fourth Circuit Declines to Enforce Appeal Waiver Lacking Consideration; Reaffirms Reliability-Based Sentencing Findings and Temporal-Spatial Nexus for Firearm Enhancements...
Lay-Opinion Market-Rate Testimony Rejected and Pro Rata Setoff Allowed in Corporate Wind-Up: Fourth Circuit Affirms in All American Black Car Service, Inc. v. Gondal Court: United States Court of...