affirmation-of-death-penalty-in-farris-genner-morris-jr.-for-heinous Case Commentaries

Reaffirming the “At-Risk” Trigger for Asylum Timeliness and the Evidentiary Demands for Diaspora Activism: The Second Circuit’s Summary Order in Huang v. Bondi

Date: Sep 25, 2025

Reaffirming the “At-Risk” Trigger for Asylum Timeliness and the Evidentiary Demands for Diaspora Activism: The Second Circuit’s Summary Order in Huang v. Bondi Introduction In Huang v. Bondi (No....

Eleventh Circuit: No Clearly Established Ban on Using Commissary Records to Gauge Religious Sincerity; Appellants Who Do Not Brief Qualified Immunity Abandon Their Appeal

Date: Sep 25, 2025

Eleventh Circuit: No Clearly Established Ban on Using Commissary Records to Gauge Religious Sincerity; Appellants Who Do Not Brief Qualified Immunity Abandon Their Appeal Introduction In Cantrell...

Eleventh Circuit Applies Substantial-Evidence Review to § 1229b(b)(1)(D) and Reaffirms the Two‑Part Health‑Hardship Test (Matter of J‑J‑G‑) in Cancellation Cases

Date: Sep 25, 2025

Eleventh Circuit Applies Substantial-Evidence Review to § 1229b(b)(1)(D) and Reaffirms the Two‑Part Health‑Hardship Test (Matter of J‑J‑G‑) in Cancellation Cases Case: Maria Virginia Rodriguez Robles...

Eleventh Circuit solidifies substantial-evidence review of §1229b(b)(1)(D) hardship and endorses J-J-G-’s two-part health-care test

Date: Sep 25, 2025

Eleventh Circuit solidifies substantial-evidence review of §1229b(b)(1)(D) hardship and endorses J-J-G-’s two-part health-care test Introduction In this consolidated, unpublished decision, the U.S....

Forgoing a Suppression Motion Is Not Ineffective Assistance When Reasonable Suspicion to Prolong a Traffic Stop Is At Least Debatable

Date: Sep 25, 2025

Forgoing a Suppression Motion Is Not Ineffective Assistance When Reasonable Suspicion to Prolong a Traffic Stop Is At Least Debatable Introduction In Richard Norris v. United States, No. 24-13306...

Objective Harmless-Error Review of ACCA “Different Occasions” Post‑Erlinger: Unrebutted PSRs and Months‑Long Gaps Sustain Enhancements — United States v. Ballinger (6th Cir. 2025)

Date: Sep 25, 2025

Objective Harmless-Error Review of ACCA “Different Occasions” Post‑Erlinger: Unrebutted PSRs and Months‑Long Gaps Sustain Enhancements — United States v. Ballinger (6th Cir. 2025) Introduction United...

Unrelated Questioning After Mission Tasks Are Complete Unlawfully Prolongs Traffic Stop and Taints Consent: Sixth Circuit in United States v. Moffitt

Date: Sep 25, 2025

Unrelated Questioning After Mission Tasks Are Complete Unlawfully Prolongs Traffic Stop and Taints Consent: Sixth Circuit in United States v. Moffitt Introduction In United States v. Frankie L....

Bad Faith Requires More Than Negligence: Eleventh Circuit Clarifies Rule 56’s Demands, Coverage-Investigation Leeway, and Global-Settlement Strategy in Florida Third-Party Claims

Date: Sep 25, 2025

Bad Faith Requires More Than Negligence: Eleventh Circuit Clarifies Rule 56’s Demands, Coverage-Investigation Leeway, and Global-Settlement Strategy in Florida Third-Party Claims Introduction In a...

Eleventh Circuit Carves a Redressability Window for Closed Adult Businesses and Reaffirms Secondary-Effects Analysis Post‑Reed

Date: Sep 25, 2025

Eleventh Circuit Carves a Redressability Window for Closed Adult Businesses and Reaffirms Secondary-Effects Analysis Post‑Reed Introduction In WBY, Inc. v. City of Chamblee, Georgia, the United...

Third Circuit: Rule 11 Reaches Attached “Dispute Letters” and Removed Complaints; Inherent-Power Sanctions Extend to Prelitigation Schemes to Manufacture FDCPA Claims

Date: Sep 25, 2025

Third Circuit: Rule 11 Reaches Attached “Dispute Letters” and Removed Complaints; Inherent-Power Sanctions Extend to Prelitigation Schemes to Manufacture FDCPA Claims Introduction In a precedential...

No State-Created Danger Without Direct But-For Causation: Third Circuit Affirms Summary Judgment and Tightens Rule 56(d) Discovery in Estate of Lagano v. BCPO

Date: Sep 25, 2025

No State-Created Danger Without Direct But-For Causation: Third Circuit Affirms Summary Judgment and Tightens Rule 56(d) Discovery in Estate of Lagano v. BCPO Court: U.S. Court of Appeals for the...

Reaffirming Divisibility by Drug Identity: The Third Circuit Holds Pennsylvania PWID Remains a Controlled-Substance “Element” Offense for INA Removability

Date: Sep 25, 2025

Reaffirming Divisibility by Drug Identity: The Third Circuit Holds Pennsylvania PWID Remains a Controlled-Substance “Element” Offense for INA Removability Introduction In Jose Miguel German Santos v....

Liberal Construction of Notices of Appeal and Qualified Immunity for Executing Facially Valid Warrants: Commentary on Pinkney v. Meadville

Date: Sep 25, 2025

Liberal Construction of Notices of Appeal and Qualified Immunity for Executing Facially Valid Warrants: Commentary on Pinkney v. Meadville Note: This Third Circuit disposition is designated not...

Rule 11 Reaches Attached Pre‑Suit Letters and Post‑Removal Advocacy; Inherent Power Sanctions Pre‑Suit Deception: Sofaly v. Portfolio Recovery Associates

Date: Sep 25, 2025

Rule 11 Reaches Attached Pre‑Suit Letters and Post‑Removal Advocacy; Inherent Power Sanctions Pre‑Suit Deception: Sofaly v. Portfolio Recovery Associates Introduction In Robert Sofaly v. Portfolio...

No Safe Harbor in Delay: Fifth Circuit Confirms EPA May Disapprove Overdue Good Neighbor SIPs Using Updated Modeling and Requires Independent “Maintenance” Analysis Beyond Formal Nonattainment Designations

Date: Sep 25, 2025

No Safe Harbor in Delay: Fifth Circuit Confirms EPA May Disapprove Overdue Good Neighbor SIPs Using Updated Modeling and Requires Independent “Maintenance” Analysis Beyond Formal Nonattainment...

Aguilar-Morales v. Bondi: Second Circuit Reaffirms Waivability of NTA Time-and-Place Defects and Demands a Non-Incidental Nexus for Family and Imputed-Political-Opinion Claims

Date: Sep 24, 2025

Aguilar-Morales v. Bondi: Second Circuit Reaffirms Waivability of NTA Time-and-Place Defects and Demands a Non-Incidental Nexus for Family and Imputed-Political-Opinion Claims Court: U.S. Court of...

No Victim-Identity Limit for FDCA § 333(a)(2); FDCA § 334 Is Not a Civil Forfeiture Statute — United States v. Fishman, Giannelli (2d Cir. 2025)

Date: Sep 24, 2025

No Victim-Identity Limit for FDCA § 333(a)(2); FDCA § 334 Is Not a Civil Forfeiture Statute United States v. Fishman, Giannelli, Nos. 22-1600-cr (L), 22-2063-cr (C), 23-6819-cv (C) — U.S. Court of...

Misdescribed Bills of Lading Do Not Prevent Risk-of-Loss Transfer Under Shipment Contracts When the Buyer Hires the Carrier

Date: Sep 24, 2025

Misdescribed Bills of Lading Do Not Prevent Risk-of-Loss Transfer Under Shipment Contracts When the Buyer Hires the Carrier Introduction In Certain Underwriters at Lloyd’s London v. Scents...

No Retroactivity Where Offense Period Includes Post-Scheduling Conduct; Eleventh Circuit Reaffirms Time-of-Conviction Comparison for § 1182(a)(2)(A)(i)(II)

Date: Sep 24, 2025

No Retroactivity Where Offense Period Includes Post-Scheduling Conduct; Eleventh Circuit Reaffirms Time-of-Conviction Comparison for § 1182(a)(2)(A)(i)(II) Case: Md Zaberul Hasan v. U.S. Attorney...

Esteras Plain-Error Barrier and PSI Admissions at Revocation: The Eleventh Circuit’s Framework in United States v. Higgs

Date: Sep 24, 2025

Esteras Plain-Error Barrier and PSI Admissions at Revocation: The Eleventh Circuit’s Framework in United States v. Higgs Introduction In United States v. Zeno Higgs (11th Cir. No. 25-10996, Sept. 22,...

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