September 17, 2021
September 21, 2021
Javier Chavez Gonzalez v. Merrick Garland Dec.
Agency's general authority to terminate removal proceedings following In re S-O-G-, 27 I. & N. 462 (A.G. 2018); other issues.
Ana Lidia Vasquez v. Merrick Garland
Whether the Court lacks jurisdiction to review dispositive issues not raised before the Board; related issues.
United States v. Robert George
Whether court based sentence on clearly erroneous facts that conflict with jury verdict; if not, whether downward variant sentence of probation is substantively reasonable.
United States v. Melvin Thomas Lewis
Propriety of district court's application of bodily-injury enhancement under U.S. Sentencing Guidelines Manual § 2B3.1(b)(3)(A); adequacy of sentencing explanation.
United States v. Christopher Perkins
Whether district court erred by revoking appellant's conditional release under 18 U.S.C. § 4246(f); whether clear and convincing or preponderance evidentiary standard applies.
Carol V. Clendening, as Personal Representative of the Estate of Gary J. Clendening v. United States of America
Whether former Marine officer's post-service failure-to-warn claim is barred by the discretionary function exception.
ContraVest Inc. v. Mt. Hawley Insurance Company
Appeal from summary judgment entered in favor of excess insurance carrier on breach of contract and bad faith claims arising out of handling of insurance claim.
United States v. William Slate
To what extent should the district court consider Apprendi v. New Jersey, 530 U.S. 466 (2000) when resentencing under the First Step Act; related issues.
White Coat Waste Project v. Greater Richmond Transit Company
Whether district court erred by determining that Greater Richmond Transit Company is a state actor for purposes of § 1983; additional issues on cross-appeal.
B.r v. F.c.s.b.; S.t.; A.f.; P.a.h.; T.b.; B.h.; M.p.f.; M.c.; F.t.; J.f.; C.k.; J.o
Whether failure to obtain leave to file complaint pseudonymously is a jurisdictional defect precluding relation back of subsequent order granting leave to proceed pseudonymously.
West Virginia State University v. The Dow Chemical Company
Whether district court erred by determining that it lacked federal-officer or federal question jurisdiction over state law claims challenging RCRA cleanup.
Gary Wall v. Jeffrey Kiser
Whether this Court's decision in Lennear v. Wilson, 937 F.3d 257 (4th Cir. 2019), applies retroactively.
Patricia Garcia Cabrera v. Merrick Garland
Whether Petitioner was due the rebuttable presumption of good cause for a continuance with a prima facie approvable U visa; related issues.
Walter Herrera-Martinez v. Merrick Garland
Whether BIA erred by rejecting proposed particular social group consisting of "prosecution witnesses"; other issues.
Charles Holloway v. State of Maryland
Whether the district court erroneously granted Defendants' motion to dismiss Plaintiff's Title VII discrimination, harassment, and retaliation claims; other issues.
Jowite Limited Partnership v. Federal -Judge Motz is replaced by Judge Alston* in this case.
Whether ensuing loss clause in defective design and construction exclusion provides coverage for damages from defective design and subsequent settlement of building.
September 22, 2021
Rogers Morgan v. Caliber Home Loans, Inc.
Propriety of district court's determination that borrower correspondence to loan servicer did not trigger servicer's obligations under Real Estate Settlement Procedures Act.
Fernando Smith v. Michael Travelpiece
Whether, under McDonough v. Smith, 139 S. Ct. 2149 (2019), district court erred in dismissing § 1983 claim as untimely.
Canaan Christian Church; Burtonsville Crossing, LLC; Burtonsville Associates; Marion G. Sarem v. Montgomery County, Maryland; Montgomery County Council; Isiah Leggett, County Executive
Whether County's refusal to extend sewer service to property on which Appellant's intended to build a church violates RLUIPA, Free Exercise Clause; related issues.
The Redeemed Christian Church of God (Victory Temple) Bowie, Maryland v. Prince George’s County, Maryland
Whether amendment to county's Water and Sewer Plan involved a zoning or landmarking law subject to regulation under RLUIPA; related issues.
J.R. v. Walgreens Boots Alliance, Inc.
Multiple issues arising from district court's dismissal of plaintiffs' tort and contract claims related to corporation's use of their personally identifiable prescription information; personal jurisdiction.
East Coast Repair v. United States of America
Whether federal contractor claim is barred by the Election Doctrine.
Wendy Wellin v. Thomas Farace
Whether the district court erred in determining that the action was barred by the statute of limitations; related issues.
United States v. Harold Hall, Jr.
Whether the district court erred by denying Defendant's motions to suppress statements made during traffic stop and evidence seized during home search.
JoAnn Britt v. Louis DeJoy
Whether the Court has jurisdiction over the appeal; other issues.
Carlos Escobar Gomez v. Merrick Garland
Propriety of the agency's ruling that Petitioner's proposed social groups were not cognizable, as a matter of law, because they lacked particularity.
Sara Conner v. Cleveland County, NC
Whether employee adequately alleged a violation of the Fair Labor Standard Act's overtime provisions; other issues.
Adan Tomas-Ramos v. Merrick Garland
Standard of review of immigration court's ruling in reasonable-fear review hearing; whether alien has right to counsel's participation at such a proceeding; other issues.
Constellium Rolled Products Ravenswood, LLC v. United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial & Service Workers International Union Afl-cio/clc; United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial & Service Workers International Union Afl-cio/clc, Local 5668
Whether the district court erred in denying Appellant's motion to vacate an arbitration award; application of res judicata and collateral estoppel.
Skyline Restoration, Inc. v. Church Mutual Insurance
Whether, under North Carolina law, claim for breach of insurance contract accrued at date of loss or date of breach; other issues.
Quincy Allen v. Michael Stephan
Ineffective assistance, involuntariness, and other challenges to guilty plea and capital sentence.
United States v. Donald Blankenship
Whether, in violation of Brady v. Maryland, 373 U.S. 83 (1963), the Government's failure to disclose certain evidence deprived Appellant of a fair trial.
Consolidation Coal Company v. Terri Shipley
Whether Board improperly required Administrative Law Judge to consider the preamble to the regulations in assessing weight and credibility of employer's physician's opinions; other issues.
Marty Walsh v. Adam Vinoskey
September 23, 2021
Oscar Herrera-Alcala v. Merrick Garland
Whether to transfer petition for review to the Fifth Circuit given Petitioner's physical presence in Louisiana during his televideo removal hearing; other issues.
Stephanie Johnson v. Charlotte-mecklenburg Schools Board of Education; Charlotte-mecklenburg County Board of Education
Whether district court erred by dismissing IDEA claims for lack of subject matter jurisdiction because students had withdrawn from school district and complaints requested nonmonetary relief.
John Callahan v. North Carolina Department
Whether district court erred in dismissing 42 U.S.C. § 1983 action for due process violation based on failure to allege a state created danger.
John Doe v. Gary Settle
Whether Virginia's lifelong sex offender registry requirement after conviction for indecent liberties violates Equal Protection Clause, Eighth Amendment, and Due Process Clause.
KBC Asset Management NV v. DXC Technology Company
Whether class action complaint plausibly alleged material misstatement or omission and scienter to survive dismissal at pleading stage.
Michael Coady v. Nationwide Motor Sales Corp.
Whether the district court erred by finding parties' agreement to arbitrate illusory and unenforceable under Maryland law.
United States v. Alejandro Garcia
Whether Garcia was sentenced under the Fair Sentencing Act and is therefore ineligible for First Step Act relief.
United States v. Seun Ojedokun
Whether District Court possessed extraterritorial jurisdiction over appellant regarding § 1956(h) money-laundering conspiracy charge; related issues.
Brian Davison v. Deborah Rose
Whether no trespass ban against parent of public school students violated right to due process; other issues.
Dennis Fusaro v. Charlton T. Howard, III
Whether Maryland Election Law § 3-506, which limits use of Maryland's registered voter list to purposes related to electoral process, violates the First Amendment.
Mutual Assurance Society of Virginia v. Federal Insurance Company
Whether district court properly ignored policies' "other insurance" provisions; whether court correctly predicted how Virginia Supreme Court would resolve dispute between dueling excess policies.
Eric Moss v. Buddy Harwood
Propriety of district court's conclusion that pretrial detainee failed to exhaust administrative remedies and failed to demonstrate deliberate indifference to serious medical needs.
Jose Canales Granados v. Merrick Garland
Whether violation of Va. Code Ann. § 46.2-817(B), felony eluding, categorically qualifies as crime of moral turpitude, other issues.
John Walters v. Michael Martin
Whether Walters was prejudiced by counsel's failure to timely relay favorable plea offer or seek reopening of plea offer.
September 24, 2021
Larry Slusser v. Acting Warden Vereen
Whether the district court possessed jurisdiction to adjudicate § 2241 petition when prisoner previously raised same issue in second or successive § 2255 motion.
Lynel Witherspoon v. Donnie Stonebreaker
Whether defense counsel rendered ineffective assistance by not objecting to new evidence presented during jury deliberations.
Janet Graham v. Sunil Dhar
Whether district court erred in interpreting West Virginia's "loss of chance" statute.
United States v. Terrance Dennis
Whether evidence was sufficient to support conspiracy conviction; other issues.
United States v. Nahson Suggs
Whether, under standard set forth in Chavez-Meza v. United States, 138 S. Ct. 1959 (2018), explanation of sentence was adequate. (15 mins. per side)
United States v. Chikosi Legins
Whether sentence is procedurally and substantively reasonable; other issues.
United States v. Trey Campbell
Propriety of relying on the Guidelines commentary to qualify a prior conviction for an inchoate offense as a career offender predicate; other issues.
United States v. Ryan Kibble
Whether challenge to special assessment under 18 U.S.C. § 3014 falls within the scope of appellate waiver.
United States v. Kenneth Spirito
Whether sufficient evidence supported convictions for federal program fraud in violation of 18 U.S.C. § 666(a)(1)(A); other issues related to jury instructions, evidentiary rulings, forfeiture.
United States v. Arun Dhavamani
Whether officers improperly manufactured federal jurisdiction warranting reversal of Defendant's conviction for traveling to engage in illicit sexual conduct; other issues.
United States v. Travis Ball
Whether district court properly applied murder cross reference; other issues.
United States v. Devon Coleman
Whether Virginia law prohibits possession of crossbow on school grounds, and whether law enforcement officer could reasonably believe such possession is prohibited under Virginia law.
United States v. Bradley Williams ( Jones ) methamphetamine.
Whether district court properly attributed "ice" methamphetamine to defendants; whether district court properly rejected defendants' challenges to Sentencing Guidelines' treatment of "ice"
United States v. Jabrell Smith
Whether a former passenger has standing to contest search of vehicle; other issues.
United States v. Richard McCormick
Whether a sufficient factual basis supported the guilty plea; other issues.
Vicente Aleman-Medrano v. Merrick Garland
Whether substantial evidence supports the finding that the Petitioners failed to show a nexus to the particular social group; related issues.
John Burr v. Denise Jackson
Appeal from denial of habeas relief in capital case.