federal Case Commentaries

The “Single-Inconsistency” Touchstone: Liu v. Bondi and the Modern Architecture of Adverse-Credibility Review

Date: May 13, 2025

The “Single-Inconsistency” Touchstone: Liu v. Bondi and the Modern Architecture of Adverse-Credibility Review Introduction Liu v. Bondi, No. 23-6623 (2d Cir. May 12, 2025) is a non-precedential...

Either‐Or Timeliness Rule for Superseding Indictments Under 18 U.S.C. § 3282

Date: May 13, 2025

Either‐Or Timeliness Rule for Superseding Indictments Under 18 U.S.C. § 3282 Introduction In United States v. Santiago Alirio Gomez Rivera, No. 23-10690 (11th Cir. May 12, 2025), the Eleventh Circuit...

Clarifying Threats and Interrogations Under Section 8(a)(1): Employer Predictions vs. Coercive Conduct

Date: May 13, 2025

Clarifying Threats and Interrogations Under Section 8(a)(1): Employer Predictions vs. Coercive Conduct 1. Introduction In 3484, Inc.; 3486, Inc. v. National Labor Relations Board (10th Cir. May 12,...

Reaffirmation of the Rehaif Standard: Knowledge of Felony Status Under 18 U.S.C. § 922(g)(1) in United States v. Berris

Date: May 13, 2025

Reaffirmation of the Rehaif Standard: Knowledge of Felony Status Under 18 U.S.C. § 922(g)(1) in United States v. Berris Introduction United States v. Berris, 10th Cir. No. 24-8065 (May 12, 2025),...

Age-Based Recidivism Alone Does Not Compel a Downward Variance; Courts May Decline the Statutory Minimum Where It Fails to Punish Separate Witness-Tampering Conduct

Date: May 13, 2025

Age-Based Recidivism Alone Does Not Compel a Downward Variance; Courts May Decline the Statutory Minimum Where It Fails to Punish Separate Witness-Tampering Conduct Case: United States v. Kendall...

No Backpay for Reemployment-List Violations Under Tennessee Tenure Act; Superintendent’s Final Authority Supports § 1983 Monell Liability and Carey Nominal Damages: Commentary on Williams v. Shelby County Board of Education (6th Cir. 2025)

Date: May 13, 2025

No Backpay for Reemployment-List Violations Under Tennessee Tenure Act; Superintendent’s Final Authority Supports § 1983 Monell Liability and Carey Nominal Damages Case: Sonya P. Williams v. Shelby...

No Binding Effect for “Informational Only” Plats: Sixth Circuit Clarifies Operator Discretion and “Confer” vs. “Consent” in Ohio Surface Use Agreements

Date: May 13, 2025

No Binding Effect for “Informational Only” Plats: Sixth Circuit Clarifies Operator Discretion and “Confer” vs. “Consent” in Ohio Surface Use Agreements Case: Pamela K. Pirl; Shannon R. Pirl v. Rice...

Administrative Closures Cannot Insulate Preliminary Injunctions from Review: Sixth Circuit Adopts a Practical-Effect/Pending-Motion Test and Orders Tailoring of Tennessee’s Sex‑Offender Registry Injunction After Does #1‑9

Date: May 13, 2025

Administrative Closures Cannot Insulate Preliminary Injunctions from Review: Sixth Circuit Adopts a Practical-Effect/Pending-Motion Test and Orders Tailoring of Tennessee’s Sex‑Offender Registry...

Coote v. U.S. Attorney General: Eleventh Circuit Clarifies BIA’s Authority to Assess New Evidence on Motions to Reopen Without Remand

Date: May 10, 2025

Coote v. U.S. Attorney General: Eleventh Circuit Clarifies BIA’s Authority to Assess New Evidence on Motions to Reopen Without Remand 1. Introduction The Eleventh Circuit’s non-precedential opinion...

“Speak Now or Forever Hold Your Peace” — The Second Circuit Re-Affirms Strict Rules on Exhaustion and Issue Preservation in Asylum Litigation (Martinez Arias De Cruz v. Bondi, 2025)

Date: May 10, 2025

“Speak Now or Forever Hold Your Peace” — The Second Circuit Re-Affirms Strict Rules on Exhaustion and Issue Preservation in Asylum Litigation (Martinez Arias De Cruz v. Bondi, 2025) 1. Introduction...

Clarifying “Extraordinary Circumstances” in Late-Filed Asylum Applications: Language Barriers and Legal Unawareness Deemed Insufficient – Commentary on Aguilar Ordonez v. Bondi

Date: May 10, 2025

Clarifying “Extraordinary Circumstances” in Late-Filed Asylum Applications: Language Barriers and Legal Unawareness Deemed Insufficient – Commentary on Aguilar Ordonez v. Bondi 1. Introduction...

Second Circuit Re-Affirms the “Individualized Assessment” Mandate Before Imposing Mental-Health Conditions on Supervised Release: Commentary on United States v. Ortiz (2025)

Date: May 10, 2025

Second Circuit Re-Affirms the “Individualized Assessment” Mandate Before Imposing Mental-Health Conditions on Supervised Release: Commentary on United States v. Ortiz (2025) 1. Introduction The...

“Physical-Presence Venue” in Cyberspace Exploitation Cases: The Emerging Martinez Rule

Date: May 10, 2025

“Physical-Presence Venue” in Cyberspace Exploitation Cases: The Emerging Martinez Rule 1. Introduction United States v. Martinez, No. 23-7437, decided by the United States Court of Appeals for the...

NEPA Hard Look Requirement: Prohibiting Arbitrary Agency Departures from Model‐Based Risk Assessments

Date: May 10, 2025

NEPA Hard Look Requirement: Prohibiting Arbitrary Agency Departures from Model‐Based Risk Assessments Introduction In WildEarth Guardians v. U.S. Forest Service, 10th Cir. No. 24-1187 (May 9, 2025),...

Mahdawi v. Trump: Second Circuit Confirms District Court Authority to Hear Independent Constitutional Challenges to Immigration Detention and to Grant Bail Despite INA § 1252 Jurisdiction Bars

Date: May 10, 2025

Mahdawi v. Trump: Second Circuit Confirms District Court Authority to Hear Independent Constitutional Challenges to Immigration Detention and to Grant Bail Despite INA § 1252 Jurisdiction Bars...

Jones v. SAFEBuilt LLC — The Eleventh Circuit Re-Affirms the Limits of Judicial Leniency to Pro Se Litigants in Service-of-Process and Employer-Status Determinations under Title VII

Date: May 10, 2025

Jones v. SAFEBuilt LLC — The Eleventh Circuit Re-Affirms the Limits of Judicial Leniency to Pro Se Litigants in Service-of-Process and Employer-Status Determinations under Title VII 1. Introduction...

Clarifying Sovereign Immunity and the Takings Clause: Ngambo v. Social Security Administration (2d Cir. 2025)

Date: May 10, 2025

Clarifying Sovereign Immunity and the Takings Clause: Ngambo v. Social Security Administration (2d Cir. 2025) Introduction In Ngambo v. Social Security Administration, the United States Court of...

Mens Rea Requirement and Narrow Tailoring in Judicially Imposed Courthouse Buffer Zones

Date: May 10, 2025

Mens Rea Requirement and Narrow Tailoring in Judicially Imposed Courthouse Buffer Zones Introduction The First Circuit’s decision in Grant v. Trial Court of the Commonwealth of Massachusetts...

Emergency Terry Stops: Seventh Circuit Affirms Officers’ Authority to Briefly Detain Apparent Hostages to Identify, Assess Firearms Risk, and Prevent Interference

Date: May 10, 2025

Emergency Terry Stops: Seventh Circuit Affirms Officers’ Authority to Briefly Detain Apparent Hostages to Identify, Assess Firearms Risk, and Prevent Interference Introduction In Ryan Moderson v....

“Silence Is Denial”- The Eleventh Circuit’s Clarification on § 1443 Removals and Cost-Shifting for Frivolous Second-Time Removals

Date: May 10, 2025

“Silence Is Denial” – The Eleventh Circuit’s Clarification on § 1443 Removals and Cost-Shifting for Frivolous Second-Time Removals 1. Introduction The decision in U.S. Bank, National Association as...

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