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

  
Muriel v. Wood, No. 06-7997, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 22, 2007, Decided
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Odighizuwa v. Ray, No. 06-7331; No. 06-7850, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 22, 2007, Decided
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Ordinola v. Hackman, No. 06-6126, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 22, 2007, Decided
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Overview: District court erred in granting Peruvian criminal habeas relief upon Peruvian government's request seeking criminal's extradition to Peru under Extradition Treaty between U.S. and Peru. Court could not say that magistrate, pursuant to 18 U.S.C.S. § 3184, had no choice but to find that criminal's alleged crimes were political offenses under Treaty.

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Perez-Vargas v. Gonzales, No. 05-2313, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 22, 2007, Decided
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Overview: Under 8 U.S.C.S. § 1154(j), jurisdiction over an alien's application for adjustment of status, which was vested in IJ, necessarily encompassed jurisdiction to make factual findings pursuant to § 1154(j); thus, where BIA held that IJ lacked jurisdiction to consider validity of alien's approved visa petition, BIA's decision was vacated and remanded.

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Roberts v. Warden, No. 06-7385, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 22, 2007, Decided
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Smith v. Wright, No. 06-7348, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 22, 2007, Decided
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Tyler v. Hinkle, No. 06-7710, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 22, 2007, Decided
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United States v. Greer, No. 05-7401, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 22, 2007, Decided
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Overview: Order denying defendant's claim that he received ineffective assistance of counsel for failing to file a notice of appeal was vacated and remanded for an evidentiary hearing as record did not conclusively show that defendant's counsel was not ineffective. A certificate of appealability was denied as to remaining claims under 28 U.S.C.S. § 2253(c).

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United States v. Ortega, No. 06-7304, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 22, 2007, Decided
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United States v. Pendergrass, No. 06-7422, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 22, 2007, Decided
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