no-formal-hierarchy-required:-third-circuit-affirms-tier-iii-designation-of-the-grey-wolves-and-broad-reach-of-the-ina’s-material-support-bar Case Commentaries

Fifth Circuit Rejects “Constructive Presence” to Satisfy Statutory Physical-Presence Requirements for Citizenship by Descent

Date: Aug 21, 2026

Fifth Circuit Rejects “Constructive Presence” to Satisfy Statutory Physical-Presence Requirements for Citizenship by Descent Case: Guerra Vasquez v. United States (consolidated with No. 25-10372 /...

Indirect Employer-Paid “Consideration” Makes Workers “Passengers for Hire,” Triggering the Limitation Act’s Covered Small Passenger Vessel Exclusion

Date: Aug 21, 2026

Indirect Employer-Paid “Consideration” Makes Workers “Passengers for Hire,” Triggering the Limitation Act’s Covered Small Passenger Vessel Exclusion 1. Introduction Hunter Marine Group v. Gonzalez...

Lopez-Barrera v. Blanche: Jurisdiction to Review IJ Late-Evidence/Continuance Rulings in CAT Cases Absent Statutory Discretion

Date: Aug 21, 2026

Jurisdiction to Review IJ Late-Evidence/Continuance Rulings in CAT Cases Absent Statutory Discretion Introduction In Lopez-Barrera v. Blanche (5th Cir. Aug. 14, 2026), Jose Mauricio Lopez-Barrera, a...

Inherent-Power Sanctions in Bankruptcy: Clear-and-Convincing Bad Faith, Independent Appellate Sufficiency Review, and Causally Linked Fee-Shifting Despite Late Claim-Withdrawal Gamesmanship

Date: Aug 21, 2026

Inherent-Power Sanctions in Bankruptcy: Clear-and-Convincing Bad Faith, Independent Appellate Sufficiency Review, and Causally Linked Fee-Shifting Despite Late Claim-Withdrawal Gamesmanship Case:...

Implicit Consideration Suffices for § 3583(d) Treatment Exception in Mandatory Supervised-Release Revocations

Date: Aug 21, 2026

Implicit Consideration Suffices for § 3583(d) Treatment Exception in Mandatory Supervised-Release Revocations I. Introduction In United States v. Morgan (5th Cir. Aug. 14, 2026), the Fifth Circuit...

Provisional Unlawful Presence Waivers Do Not Stay Removal; § 1252(g) Allows Pure “Authority” Challenges, but “Lure-to-Arrest” Claims Require Evidence

Date: Aug 21, 2026

Provisional Unlawful Presence Waivers Do Not Stay Removal; § 1252(g) Allows Pure “Authority” Challenges, but “Lure-to-Arrest” Claims Require Evidence 1. Introduction Alyse Sanchez v. Markwayne Mullin...

Residential Search Warrants Require a Current, Particularized Nexus—Area Drug Activity and Stale Home Facts Defeat Probable Cause and Can Defeat Leon Good Faith

Date: Aug 21, 2026

Residential Search Warrants Require a Current, Particularized Nexus—Area Drug Activity and Stale Home Facts Defeat Probable Cause and Can Defeat Leon Good Faith United States v. Earl Griffin, Jr....

Fourth Circuit (Unpublished): Sovereign-Citizen Rhetoric Alone Does Not Trigger a Sua Sponte Competency Evaluation, and Consent Waives Confrontation Objections to Rule 15 Video Depositions

Date: Aug 21, 2026

Fourth Circuit (Unpublished): Sovereign-Citizen Rhetoric Alone Does Not Trigger a Sua Sponte Competency Evaluation, and Consent Waives Confrontation Objections to Rule 15 Video Depositions Case:...

USSG § 2B1.1(b)(16)(B): “In Connection With” Requires Facilitation Findings, Not Mere Proximity

Date: Aug 21, 2026

USSG § 2B1.1(b)(16)(B): “In Connection With” Requires Facilitation Findings, Not Mere Proximity I. Introduction United States v. Zerion Franklin (4th Cir. Aug. 14, 2026) addresses a recurring...

Provisional Unlawful Presence Waivers Do Not Implicitly Stay Removal; § 1252(g) Does Not Bar Pure “Authority” Challenges

Date: Aug 21, 2026

Provisional Unlawful Presence Waivers Do Not Implicitly Stay Removal; § 1252(g) Does Not Bar Pure “Authority” Challenges I. Introduction These consolidated appeals arose from a District of Maryland...

Holberg v. Guerrero (5th Cir. 2026): AEDPA’s Relitigation Bar Controls Brady Impeachment Claims—Federal Habeas Relief Requires “No Fairminded Disagreement” on Materiality

Date: Aug 21, 2026

AEDPA’s Relitigation Bar Controls Brady Impeachment Claims—Federal Habeas Relief Requires “No Fairminded Disagreement” on Materiality Commentary on Holberg v. Guerrero (5th Cir. Aug. 14, 2026) (en...

Harmless-Error Affirmance of Partial JMOL When a Defense Verdict Resolves Identical Fault Theories

Date: Aug 21, 2026

Harmless-Error Affirmance of Partial JMOL When a Defense Verdict Resolves Identical Fault Theories 1. Introduction In Shaunda Sanders v. Elmington Property Management, LLC (11th Cir. Aug. 14, 2026)...

Eleventh Circuit Reaffirms Nonreviewability of Discretionary Denials of Downward Departures Absent a Misapprehension of Authority

Date: Aug 21, 2026

Eleventh Circuit Reaffirms Nonreviewability of Discretionary Denials of Downward Departures Absent a Misapprehension of Authority 1. Introduction In United States v. Ricardo Villanueva-Martinez (11th...

State v. Brown (Kan. 2026): Disapproving “Fundamental Failure” and Re-Centering Mistrial Review on Abuse of Discretion Under K.S.A. 22-3423(1)(c)

Date: Aug 21, 2026

State v. Brown (Kan. 2026): Disapproving “Fundamental Failure” and Re-Centering Mistrial Review on Abuse of Discretion Under K.S.A. 22-3423(1)(c) Case: State v. Brown, No. 128,178 (Kan. Aug. 14,...

AECOM Technical Services v. Flatiron | AECOM: Unaccepted Offers of Judgment Do Not Moot Claims and Unpleaded Theories/Fraud Cannot Be Added After the Final Pretrial Order Absent Manifest Injustice

Date: Aug 21, 2026

Unaccepted Offers of Judgment Do Not Moot Claims; Post-Pretrial Additions of Fraud and Unpled Contract Theories Require “Manifest Injustice” Case: AECOM Technical Services, Inc. v. Flatiron | AECOM,...

Andrew v. Tinsley (10th Cir. 2026): En Banc Denial Leaves in Place a Restrictive AEDPA Due-Process Framework for “Irrelevant and Prejudicial” Evidence

Date: Aug 21, 2026

En Banc Denial Leaves in Place a Restrictive AEDPA Due-Process Framework for “Irrelevant and Prejudicial” Evidence I. Introduction Andrew v. Tinsley (10th Cir. Aug. 14, 2026) is a published order...

COA Required for Merits-Targeting Rule 59(e) Orders in § 2254; Untimely Rule 59(e) Is Procedurally Fatal (and May Become an Unauthorized Successive Petition if Recast as Rule 60(b))

Date: Aug 21, 2026

COA Required for Merits-Targeting Rule 59(e) Orders in § 2254; Untimely Rule 59(e) Is Procedurally Fatal (and May Become an Unauthorized Successive Petition if Recast as Rule 60(b)) 1. Introduction...

Credibility Is Not Enough: Corroboration May Be Required, and Post-BIA Evidence Is Excluded from Judicial Review of Removal Orders

Date: Aug 21, 2026

Credibility Is Not Enough: Corroboration May Be Required, and Post-BIA Evidence Is Excluded from Judicial Review of Removal Orders 1. Introduction Ntwari v. Bondi (10th Cir. Aug. 14, 2026) concerns a...

Temporal Proximity Alone Does Not Make a Separate State Offense “Relevant Conduct” Triggering Mandatory Concurrency Under U.S.S.G. § 5G1.3(c) on Plain-Error Review

Date: Aug 21, 2026

Temporal Proximity Alone Does Not Make a Separate State Offense “Relevant Conduct” Triggering Mandatory Concurrency Under U.S.S.G. § 5G1.3(c) on Plain-Error Review 1) Introduction In United States v....

Westfall Act Saving Provision Inapplicable to § 233(c) Deemed-Clinic Malpractice Removals (Reaffirming Evans)

Date: Aug 21, 2026

Westfall Act Saving Provision Inapplicable to § 233(c) Deemed-Clinic Malpractice Removals (Reaffirming Evans) I. Introduction In Irma Herrera v. United States of America (7th Cir. Aug. 14, 2026),...