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Tag Archives: Abuse of Discretion

Consumer Law: Rule 60(b) Motion-Standard of Review-Abuse of Discretion

Plaintiff appealed from the denial of his Rule 60(b) motion. Where there was no abuse of discretion in denying plaintiff’s motion for relief from judgment as relief was authorized only in the most exceptional cases, the court affirmed judgment. Judgment ...

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Criminal Law: Possession of Firearm-Certificate of Innocence-Abuse of Discretion

Defendant appealed from the denial of his petition for a certificate of innocence after he was charged with possession of a firearm. Where the record supported finding that defendant in possession a firearm and that his possession constituted additional offenses ...

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Criminal Law: Distribution of Heroin-Upward Guidelines Departure-Abuse of Discretion

  Defendant distributed heroin to his 19-year-old girlfriend, who ingested the drug and died as a result. Defendant pled guilty to distribution of heroin to a person under 21, in exchange for the dismissal of a charge of distribution resulting ...

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Immigration Law: Removal Proceedings-Motion to Reopen/Reconsider-Abuse of Discretion

Petitioner, a citizen of Ghana who was ordered removed, petitioned for review of the denial of his motion to reopen and reconsider. Where the BIA did not abuse its discretion in denying petitioner’s motion, it could decline to reopen or ...

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Immigration Law: Removal-Motion to Reopen Proceedings-Abuse of Discretion

Petitioner, a Guatemalan citizen, petitioned for review of the order denying her motion to reopen her removal proceedings. Where there was no new material evidence that was unavailable during the original removal hearing, the BIA did not abuse its discretion ...

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