Tagged: Immigration

Week 46 (2020)

In United States v. Brinkley, the The Fourth Circuit held that officers, armed with an arrest warrant, lacked probable cause to enter an apartment where they had reason to believe the defendant resided. In its decision, the court noted that the courts of appeal split on the quantum of proof required for an officer to show that he or she had reasonable belief to enter a residence with an arrest warrant.

Week 44 (2020)

In Sicaran v. Barr, the Fourth Circuit held that it lacked jurisdiction to consider the petitioner’s arguments that she belonged to certain social groups, to gain asylum, under the Immigration and Nationality Act (INA). The petitioner failed to raise those arguments before the Immigration Judge or the Board of Immigration Appeals and, therefore, the Fourth Circuit concluded that the petitioner’s claims were not exhausted.

Week 34 (2020)

In United States v. Medley, the Fourth Circuit vacated a defendant’s conviction for violation of 18 U.S.C. § 922(g)(1), possession of a firearm by a convicted felon, after finding that the failure to include the knowledge-of-felon-status element in the defendant’s indictment was a plain error affecting the defendant’s substantial rights.