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   Federal Courts - 4th Circuit Court of Appeals - February 21, 2007

  
Al-Amin v. Shear, No. 05-6455, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 21, 2007, Decided
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Overview: Appellate court vacated district court's order and remanded for further proceedings. In light of the United States Supreme Court's opinion in Jones, it could be said with certainty that the district court's interpretation of the statue was incorrect. The district court committed legal error in reading a total exhaustion requirement into the PLRA.

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Greer v. Patrick County, No. 06-7007, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 21, 2007, Decided
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LaNeave v. United States, No. 06-7441, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 21, 2007, Decided
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Miller v. Tucker, No. 06-7218, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 21, 2007, Decided
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Mitter v. McBride, No. 06-6631, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 21, 2007, Decided
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Nigh v. Koons Buick Pontiac GMC, Inc., No. 05-2059, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 21, 2007, Decided
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Overview: In an action in which defendant was found liable under the TILA, even though an appellate court capped plaintiff's damages, an award for fees incurred on appeal was not intrinsically unreasonable under 15 U.S.C.S. § 1640(a)(3) because defendant should have known that it risked losing more in fees than it stood to gain in refunded damages.

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Nkemasong v. Gonzales, No. 06-1457, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 21, 2007, Decided
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Overview: The petition for review was denied. To obtain reversal of an adverse eligibility determination, the alien was to show that the evidence he presented was so compelling that no reasonable factfinder could fail to find the requisite fear of persecution. The court reviewed the evidence of record and concluded that it did not compel a contrary result.

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Oglesby v. Galley, No. 06-7083, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 21, 2007, Decided
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Tabor v. Gonzales, No. 06-1797, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 21, 2007, Decided
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Overview: An alien's petition for review of the BIA's order, which dismissed her appeal from the denial of her applications for asylum, under 8 U.S.C.S. § 1158(a), and withholding of removal, was denied as the evidence did not compel a different result with respect to the applications because the IJ's adverse credibility finding was supported by the record.

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Turner v. DOJ, No. 06-2218, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 21, 2007, Decided
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