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   Federal Courts - 4th Circuit Court of Appeals - January 22, 2007

  
Aguirre-Espinoza v. United States, No. 06-6997, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 22, 2007, Decided
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Fajardo-Bania v. Gonzales, No. 06-1039, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 22, 2007, Decided
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Overview: Alien was entitled to no relief on claim that IJ erred in finding her ineligible for I-212 waiver as waiver of immigrant's failure to apply for admission could have been granted only if waiver would cure only ground for inadmissibility, and, even if she received waiver, alien would have remained deportable under 8 U.S.C.S. § 1182(a)(6)(C)(i), (ii).

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Floyd v. Virginia, No. 06-7342, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 22, 2007, Decided
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Hanan v. United States, No. 06-1693, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 22, 2007, Decided
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Int'l Ground Transp., Inc. v. Mayor of Ocean City, No. 05-1827, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 22, 2007, Decided
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Overview: Court reversed grant of judgment as matter of law under Fed. R. Civ. P. 50(b) to city and mayor in taxi company's § 1983 suit brought in regard to revocation of company's taxi licenses, but affirmed as to individual city employees. Fact that employees had qualified immunity did not preclude city and mayor's liability or create inconsistent verdict.

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Manka v. Gonzales, No. 06-1593, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 22, 2007, Decided
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Overview: Appellate court lacked jurisdiction under 8 U.S.C.S. § 1231(b)(3) to review the denial of asylum for an Cameroon alien because the timeliness of her asylum application as well as the IJ's evidentiary rulings were factual in nature; as the alien did not show eligibility for asylum, she failed to meet the higher standard for withholding of removal.

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Miller v. Prince George's County, No. 05-2250, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 22, 2007, Decided
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Overview: Summary judgment for a county and a police officer was reversed in an arrestee's § 1983 lawsuit. The arrest warrant lacked probable cause since the affidavit contained material and misleading representations, and the officer was not entitled to immunity since a reasonable officer would have known that misrepresentations could not support a warrant.

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Moore v. Ozmint, No. 06-7765; No. 06-7874, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 22, 2007, Decided
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Ndikum v. Gonzales, No. 06-1223, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 22, 2007, Decided
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Overview: Court lacked jurisdiction under 8 U.S.C.S. § 1158(a)(3) to review BIA's determination that an alien failed to file an asylum application within one year of her arrival in the United States as required by § 1158(a)(2)(B). Substantial evidence supported an IJ's determination that the alien did not present a credible claim for withholding of removal.

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Rodriguez v. Ashcroft, No. 06-1878, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 22, 2007, Decided
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