Topic
Every decision we've filed under Forfeiture / Penalty.
The Ninth Circuit denied Byron Maldonado-Rodas's petition for review of the Board of Immigration Appeals' decision to deny his applications for withholding of removal and cancellation of removal. The court held that the petitioner forfeited challenges to the nexus determination and that his proposed particular social group was not cognizable.
The Sixth Circuit denied a petition for review regarding a withholding of removal claim, holding that the Board of Immigration Appeals' decision was supported by substantial evidence. The court found that police intervention in past attacks against the petitioner served as affirmative proof that Honduras has not abandoned its efforts to protect citizens from gang violence.
The Federal Circuit affirmed the Patent Trial and Appeal Board's decision that certificates of correction issued after final written decisions in inter partes review proceedings do not retroactively invalidate those decisions. The court held that the patent owner forfeited the right to rely on the corrected inventorship because it failed to raise the argument in a timely manner during the initial proceedings.
The Sixth Circuit reversed a district court dismissal, clarifying that the Rooker-Feldman doctrine does not bar federal lawsuits alleging corporate fraud and breach of fiduciary duty merely because they involve facts related to prior state court receivership proceedings. The court held that federal courts retain jurisdiction over independent claims of misconduct that do not seek direct appellate review of the state court's judgment.
The Ninth Circuit denied a Mexican national's petition for review of her asylum and Convention Against Torture claims, ruling that she forfeited her challenge to the definition of a particular social group. The court held that the petitioner failed to meet her burden of proof because she did not properly raise alternative groups before the immigration judge.
The D.C. Circuit affirmed the dismissal of a decades-long lawsuit by the de Csepel family seeking the return of Holocaust-era artwork seized by Hungary. The court held that U.S. courts lack jurisdiction under the Foreign Sovereign Immunities Act because the family failed to prove the takings violated the specific international law of expropriation.
The First Circuit affirmed the convictions and sentences of two Massachusetts State Police officers for a federal overtime fraud scheme but vacated a forfeiture order against one defendant. The court held that the government failed to prove which portion of the defendant's financial aid was directly traceable to his fraud rather than what he would have received legitimately.
The First Circuit affirmed the convictions of two Massachusetts State Police officers for wire fraud and theft of federal funds but vacated a forfeiture order against one defendant. The court held that the government failed to prove which portion of the financial aid received by the defendant was traceable to the fraud versus what he would have received legitimately.
The First Circuit affirmed the convictions of two Massachusetts State Police officers for defrauding federal highway safety grants but vacated a forfeiture order against one defendant. The court held that the government failed to prove which portion of the financial aid received by the defendant was directly traceable to the fraud rather than what he would have received anyway.
The Eleventh Circuit affirmed the removal of general partners from affordable housing limited partnerships after finding their misappropriation of funds constituted a material breach of contract. The court rejected arguments that the removal was an impermissible forfeiture or that the limited partners had waived their rights through prior inaction.