Table of Contents
Administrative Law, Government Law, Immigration LawView FindLaw's new Case Summary Blog for U.S. 4th Circuit Court of Appeals.
• Lin v. Holder
Criminal Law & Procedure, Habeas Corpus, Sentencing
• US v. Nicholson
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LATEST SUMMARIESAdministrative Law, Government Law, Immigration Law
Lin v. Holder
A Chinese citizen's petition for review of the BIA's denial of his application for asylum and related relief is granted as the IJ's adverse credibility determination was erroneously predicated on unrelated facts derived from another case, which is manifestly contrary to law and constitutes an abuse of discretion, and this was not harmless error. Read more...Criminal Law & Procedure, Habeas Corpus, Sentencing
US v. Nicholson
In defendant's second appeal of the district court's second denial of his petition for habeas relief, claiming that he was deprived of his Sixth Amendment right to effective assistance of counsel because his lawyer had an actual conflict of interest, the denial is reversed and the matter remanded for resentencing where: 1) defendant is entitled to section 2255 relief because a self-defense departure motion was inherently in conflict with interests of counsel's other client, and thus, defendant has proven the necessary link between the counsel's conflict of interest and his failure to move for a self-defense departure; and 2) government's suggestion that defendant's habeas corpus petition is moot because he has no chance of successfully pursuing a self-defense departure on resentencing is rejected. Read more...
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