Topic
Every decision we've filed under Forfeiture / Penalty.
The Fourth Circuit affirmed the dismissal of Pakuja Crystal Vang's pro se civil action as frivolous but modified the order to allow amendment of claims against non-government defendants. The court held that Vang forfeited appellate review of the dismissal reasons by failing to challenge them in her informal brief.
The Ninth Circuit denied a petition for review of a Board of Immigration Appeals decision affirming the denial of cancellation of removal. The court held that the petitioner forfeited his challenge regarding his son's age by failing to raise it in his opening brief, as the BIA relied on an alternative, independently sufficient ground.
The United States Court of Appeals for the District of Columbia Circuit affirmed a district court ruling denying a motion to dismiss a civil forfeiture action against crude oil seized from two tankers. The court held that the government adequately pleaded that the oil belonged to an entity that materially supported a foreign terrorist organization.
The Fifth Circuit affirmed the dismissal of a condemnation appeal filed by pro se appellants, ruling their arguments were forfeited and frivolous. The court held that the appellants failed to address the merits of the district court's decision or cite relevant legal authority to support their claims.
The Seventh Circuit affirmed the denial of a motion to stay litigation in favor of arbitration, holding that the employer failed to prove the employee validly consented to arbitrate. The court clarified that federal policy favors treating arbitration agreements like other contracts, not favoring them above all others.
The Sixth Circuit affirmed summary judgment for the City of Detroit, ruling that annual Certifications and Assurances are forward-looking promises rather than specific factual assertions. Consequently, these general pledges to comply with federal law cannot support liability under the False Claims Act even if the City later violated the underlying regulations.
The United States Court of Appeals for the Fourth Circuit denied a petition for review of an immigration order. The court found that the petitioners forfeited key asylum claims and failed to exhaust due process arguments before the Board of Immigration Appeals.
The Ninth Circuit denied a petition for review of a Board of Immigration Appeals order dismissing an asylum claim. The panel held that the petitioner forfeited all exhausted bases for challenging the agency's decision and failed to exhaust procedural due process claims.
The Eleventh Circuit dismissed a pro se appeal filed by Jutaurio Clemons as duplicative of a previously pending appeal regarding his conviction and sentencing. The court held that Clemons lacks standing to challenge a post-judgment forfeiture order because his interest in the property was extinguished by the earlier preliminary order.
The First Circuit vacated a district court order dismissing a third-party claimant's petition to contest a forfeiture of a boat. The appellate court remanded the case to allow the district court to address the claimant's request to amend his petition.