Apr 17, 2025
This is a good Fourth Circuit opinion, and a worthwhile read. https://storage.courtlistener.com/recap/gov.uscourts.ca4.178400/gov.uscourts.c
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This is a good Fourth Circuit opinion, and a worthwhile read. https://storage.courtlistener.com/recap/gov.uscourts.ca4.178400/gov.uscourts.c
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A Study in THC-O: Unpacking the Recent Anderson Case
Recently, the United States Court of Appeals for the Fourth Circuit handed the Drug Enforcement Administration (“DEA”) a big loss when it comes to hemp. In Anderson v. Diamondback Investment Group, LLC, the court ruled that the DEA’s interpretation, which classified a host of hemp-derived products as illegal, was incorrect. I’ve previously written about the impact of Loper Bright Enterprises v.…
US Court of Appeals finds that immigration judges must affirmatively develop the record for certain asylum seekers
The following excerpt has been extracted from the full text referred to by Justia US Law, a website specializing in legal information retrieval. It was published in June 2021.
The Fourth Circuit decision finds that immigration judges must affirmatively develop the record, which includes suggesting particular social groups for those without lawyers.
Judge Wynn calls the government's objections "preposterous" and "utterly divorced from reality." [Read more here.]
Steves v. JELD-WEN: 4th Circuit Affirms Divestiture in Private Antitrust Lawsuit
Steves v. JELD-WEN: 4th Circuit Affirms Divestiture in Private Antitrust Lawsuit
The recent decision of the U.S. Court of Appeals for the Fourth Circuit in Steves & Sons, Inc. v. JELD-WEN, Inc., 2021 WL 630521 (4th Cir. Feb. 18, 2021), is noteworthy for its affirmance of the trial court’s unusual grant of the equitable remedy of divestiture in a private antitrust suit brought by a customer challenging a merger of competing suppliers. That challenge was brought under Section…
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US Fourth Circuit Court of Appeals on particular social group, former gang membership, particularity
The following excerpt is from Amaya v. Rosen, No. 19-1619, 2021 WL 232554 (4th Cir. Jan. 25, 2021). The full decision is available here.
An alien may seek to avoid deportation by showing a clear probability that, if deported, he will be persecuted because of his race, religion, nationality, political opinion or membership in a particular social group (“PSG”). Relevant here, if an alien claims he will be persecuted because of his membership in a PSG, that PSG must be “particular.” Juan Carlos Amaya, a citizen of El Salvador, seeks to avoid deportation to that country, fearing persecution on account of membership in the PSG “former Salvadoran MS-13 members.” For that reason, he argued to an immigration judge (“IJ”) that his removal from the United States should be withheld. After the IJ denied Amaya’s claims, he appealed to the Board of Immigration Appeals (“BIA”). The BIA dismissed Amaya’s appeal, determining that the “former Salvadoran MS-13 members” PSG was “too diffuse” to satisfy the particularity requirement. Assuming we must afford Chevron deference to the BIA’s decision, our question is whether we think the BIA’s decision is reasonable. Because we do not, we grant the petition in part and remand on this ground.
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U.S. Court of Appeals for the Fourth Circuit’s Decision to Vacate Mountain Valley Pipeline Nationwide Permit
U.S. Court of Appeals for the Fourth Circuit’s Decision to Vacate Mountain Valley Pipeline Nationwide Permit
On November 27, 2018, the U.S. Court of Appeals for the Fourth Circuit issued the most recent in a series of decisions from various courts affecting the federal permitting and construction of interstate pipelines. Sierra Club v. U.S. Army Corps of Engineers, No. 18-1173 (4th Cir. Nov. 27, 2018). In this instance, the Circuit held that the U.S. Army Corps of Engineers violated the Clean Water Act…
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SCOTUS Drops Hawaii's Challenge to Trump's Extreme Vetting EO.
The Supreme Court of the United States just hours ago dismissed Hawaii’s challenge to President Trump’s extreme vetting executive order remanding the case back to the Ninth Circuit Court of Appeals for dismissal as the case is now moot due to the expiration of the 120-day pause which ends today.
Washington Times by Stephen Dinan and Andrea Noble
…The justices acted on the same day that the 120…
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SCOTUS Drops Hawaii's Challenge to Trump's Extreme Vetting EO.
SCOTUS Drops Hawaii’s Challenge to Trump’s Extreme Vetting EO.
United States Supreme Court Building
The Supreme Court of the United States just hours ago dismissed Hawaii’s challenge to President Trump’s extreme vetting executive order remanding the case back to the Ninth Circuit Court of Appeals for dismissal as the case is now moot due to the expiration of the 120-day pause which ends today.
Washington Times by Stephen Dinan and Andrea Noble
…The…
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