Justia U.S. 4th Circuit Court of Appeals Opinion Summaries

Defendant was convicted of having used and carried a firearm during and in relation to a drug trafficking crime in violation of 18 U.S.C. 924(c)(1). Defendant appealed the district court's denial of his motion to suppress physical evidence recovered in search of his residence and statements he made to the police. The court concluded that the district court properly found that the search warrant was issued based on probable cause supplied by an officer's warrant affidavit. The court also concluded that the officers' traffic stop and detention of defendant did not violate the Fourth Amendment. Finally, the court rejected defendant's remaining Fourth and Fifth Amendment claims. Accordingly, the judgment was affirmed.

Petitioner, a native and citizen of Cameroon, petitioned for review of the BIA's decision to affirm the IJ's denial of asylum, withholding of removal, and protection under the Convention Against Torture (CAT). Petitioner asserted that the BIA erred in making an adverse credibility determination and, even if it did not so err, independent evidence existed to establish past persecution. The court upheld the adverse credibility determination as supported by substantial evidence and agreed with the BIA that petitioner failed to provide sufficient independent evidence establishing past persecution. Accordingly, the petition was denied.

Plaintiff applied for Social Security disability insurance benefits and an ALJ denied the claim, noting that plaintiff failed to provide an opinion from his treating physician. When plaintiff requested review of his claim by the Appeals Council, he submitted a letter from his treating physician detailing the injuries and recommending significant restrictions on plaintiff's activity. The Appeals Council made this letter part of the record but denied plaintiff's request for review. Thus, the ALJ's decision denying benefits became the final decision of the Commissioner of the Social Security Administration. Plaintiff appealed, contending that the Appeals Council erred by failing to articulate specific findings justifying its denial of his request for review. The court rejected the argument and held that the Appeals Council need not explain its reasoning when denying review of an ALJ decision. But because in this case the court could not determine if substantial evidence supported the denial of benefits, the court reversed and remanded.

Petitioner, a native and citizen of the Republic of China, petitioned for review of an order of the BIA, which upheld the denial of petitioner's application for adjustment of status and dismissed her appeal from the IJ's decision, finding that the IJ failed to provide petitioner "with the required advisals." The BIA remanded petitioner's case to the IJ in order for the IJ to grant a new period of voluntary departure and to provide the required advisals. Petitioner timely appealed. The government urged the court to dismiss for lack of jurisdiction. The court concluded that it had jurisdiction, but nonetheless declined to exercise that jurisdiction for prudential reasons, following the approach employed by the First and Sixth Circuits in similar circumstances. Accordingly, the court dismissed the petition without prejudice to petitioner's right to seek review at a later time.

The former trustees of the Plasterers' Local Union No. 96 Pension Plan appealed from the judgment of the district court in favor of the current trustees of the Plan. The district court's judgment was based on its finding that the former trustees breached their fiduciary duties under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. 1001 et seq., regarding the investment Plan assets set forth under 29 U.S.C. 1104(a)(1)(B) and (C). On appeal, the former trustees challenged the district court's determination as to liability, its method of calculating damages, and the award of attorney fees. The court concluded that the district court erred as to each of these issues and therefore vacated the judgment and remanded the case for further proceedings.