Latest news with #4thU.S.CircuitCourtofAppeals
San Francisco Chronicle
18 hours ago
- Politics
- San Francisco Chronicle
Judge blocks Trump's birthright order nationwide in fourth such ruling since Supreme Court decision
GREENBELT, Md. (AP) — A federal judge in Maryland late Thursday ruled President Donald Trump's administration cannot withhold citizenship from children born to people in the country illegally or temporarily, issuing the fourth court decision blocking the president's birthright citizenship order nationwide since a key U.S. Supreme Court ruling in June. U.S. District Judge Deborah Boardman's preliminary injunction was expected after the judge said last month she would issue such an order if the case were returned to her by an appeals court. The 4th U.S. Circuit Court of Appeals sent the case back to her later in July. Since June, two other district courts, as well as an appellate panel of judges, have also blocked the birthright order nationwide. An email to the White House for comment was not immediately returned. Trump's January order would deny citizenship to children born to parents living in the U.S. illegally or temporarily. Boardman in February issued a preliminary injunction blocking it nationwide. But the June ruling by the U.S. Supreme Court upended that decision and other court rulings blocking the order across the nation. The justices ruled that lower courts generally can't issue nationwide injunctions, but they didn't rule out other court orders that could have nationwide effects, including in class-action lawsuits and those brought by states. In her ruling Thursday, Boardman certified a class of all children who have been born or will be born in the United States after February 19, 2025, who would be affected by Trump's order. She said the plaintiffs in the lawsuit before her were 'extremely likely' to win their argument that the birthright order violates the 14th Amendment to the U.S. Constitution, which includes a citizenship clause that says all people born or naturalized in the United States, and subject to U.S. jurisdiction, are citizens. They were also likely to suffer irreparable harm if the order went into effect, she wrote.
Winnipeg Free Press
18 hours ago
- Politics
- Winnipeg Free Press
Judge blocks Trump's birthright order nationwide in fourth such ruling since Supreme Court decision
GREENBELT, Md. (AP) — A federal judge in Maryland late Thursday ruled President Donald Trump's administration cannot withhold citizenship from children born to people in the country illegally or temporarily, issuing the fourth court decision blocking the president's birthright citizenship order nationwide since a key U.S. Supreme Court ruling in June. U.S. District Judge Deborah Boardman's preliminary injunction was expected after the judge said last month she would issue such an order if the case were returned to her by an appeals court. The 4th U.S. Circuit Court of Appeals sent the case back to her later in July. Since June, two other district courts, as well as an appellate panel of judges, have also blocked the birthright order nationwide. An email to the White House for comment was not immediately returned. Trump's January order would deny citizenship to children born to parents living in the U.S. illegally or temporarily. Boardman in February issued a preliminary injunction blocking it nationwide. But the June ruling by the U.S. Supreme Court upended that decision and other court rulings blocking the order across the nation. The justices ruled that lower courts generally can't issue nationwide injunctions, but they didn't rule out other court orders that could have nationwide effects, including in class-action lawsuits and those brought by states. In her ruling Thursday, Boardman certified a class of all children who have been born or will be born in the United States after February 19, 2025, who would be affected by Trump's order. She said the plaintiffs in the lawsuit before her were 'extremely likely' to win their argument that the birthright order violates the 14th Amendment to the U.S. Constitution, which includes a citizenship clause that says all people born or naturalized in the United States, and subject to U.S. jurisdiction, are citizens. They were also likely to suffer irreparable harm if the order went into effect, she wrote.
American Military News
20-07-2025
- Politics
- American Military News
Trump admin blocked from ending Temporary Protected Status for Afghan nationals
A federal appeals court temporarily blocked President Donald Trump's Department of Homeland Security on Monday from terminating Temporary Protected Status for roughly 75,000 Afghan nationals who were resettled in the United States following former President Joe Biden's disastrous military withdrawal from Afghanistan. In a Monday order, the 4th U.S. Circuit Court of Appeals wrote, 'The Court GRANTS the requested administrative stay of agency action regarding the termination of Temporary Protected Status for Afghanistan until Monday, July 21, at 11:59 p.m.' Fox 17 reported that the decision by the 4th U.S. Circuit Court of Appeals to temporarily block the Trump administration's termination of Temporary Protected Status for Afghan nationals gives the court additional time to consider the case. According to Fox 17, the Biden administration granted Afghanistan Temporary Protected Status in 2022 following the U.S. military's disastrous withdrawal from the country after the Taliban returned to power in Afghanistan. Under the administration's Temporary Protected Status program, tens of thousands of Afghan nationals have been protected against deportation to Afghanistan due to humanitarian concerns in the country. READ MORE: Supreme Court hands Trump 'Giant Win' in birthright citizenship case In May, Homeland Security Secretary Kristi Noem announced, 'This administration is returning TPS to its original temporary intent. We've reviewed the conditions in Afghanistan with our interagency partners, and they do not meet the requirements for a TPS designation. Afghanistan has had an improved security situation, and its stabilizing economy no longer prevent them from returning to their home country.' At the time, Noem explained that the termination of the Temporary Protected Status program for Afghan nationals 'furthers the national interest as DHS records indicate that there are recipients who have been under investigation for fraud and threatening our public safety and national security.' The 4th U.S. Circuit Court of Appeals ruled on Monday that the Trump administration is required to provide a response to the court's emergency motion by Wednesday and that CASA, Inc., the organization that filed the lawsuit against the Trump administration, must provide a response by Thursday.
Toronto Star
11-07-2025
- Toronto Star
Court overturns ex-state attorney's mortgage fraud conviction but upholds perjury convictions
ANNAPOLIS, Md. (AP) — A federal appeals court on Friday overturned a mortgage fraud conviction of former Baltimore State's Attorney Marilyn Mosby, who gained a national profile for charging police officers in a Black man's death. But the court upheld two perjury convictions relating to real estate she purchased. The 4th U.S. Circuit Court of Appeals ruled in a 2-1 decision that jury instruction in the mortgage fraud case was 'erroneously overbroad' concerning the proper court venue. The case was tried in Maryland relating to property she bought in Florida.
Winnipeg Free Press
11-07-2025
- Politics
- Winnipeg Free Press
Court overturns ex-state attorney's mortgage fraud conviction but upholds perjury convictions
ANNAPOLIS, Md. (AP) — A federal appeals court on Friday overturned a mortgage fraud conviction of former Baltimore State's Attorney Marilyn Mosby, who gained a national profile for charging police officers in a Black man's death. But the court upheld two perjury convictions relating to real estate she purchased. The 4th U.S. Circuit Court of Appeals ruled in a 2-1 decision that jury instruction in the mortgage fraud case was 'erroneously overbroad' concerning the proper court venue. The case was tried in Maryland relating to property she bought in Florida. 'As a result of our decision to vacate the mortgage fraud conviction, the forfeiture order related to Appellant's Longboat Key Condo, which was obtained as the fruit of the alleged mortgage fraud, is also vacated,' Judge Stephanie Thacker wrote. Judge Paul Niemeyer dissented in part. While the majority ruling contended that the government failed to introduce evidence sufficient to show that the crime was committed in Maryland and that the district court's venue instruction was erroneous, Niemeyer wrote he would have rejected both arguments and affirmed the district court's judgment. The court upheld two perjury convictions, saying it found 'no error in the district court's adjudication of Appellant's perjury convictions.' The court rejected arguments by Mosby that the admitted evidence misled jurors. 'In sum, the district court did not err in permitting the Government to introduce evidence as to how Appellant utilized the funds she withdrew from her retirement accounts,' the court said. 'That evidence was probative as to whether Appellant suffered 'adverse financial consequences.' And the probative value of that evidence was not substantially outweighed by a risk of undue prejudice or jury confusion.' Mosby, 45, was spared jail time at her sentencing last year. Her sentence included 12 months of home confinement, which she concluded last month. She also was sentenced to 100 hours of community service and three years of supervised release. Mosby was convicted of lying about her finances to make early withdrawals from retirement funds during the COVID-19 pandemic and fraudulently claiming that her own $5,000 was a gift from her then-husband as she closed on a Florida condominium. Mosby, who was Baltimore's state's attorney from 2015 to 2023, has maintained her innocence. Mosby gained national attention when she charged officers in the 2015 death of Freddie Gray, which led to riots and protests in the city. After three officers were acquitted, Mosby's office dropped charges against the other three officers. She ultimately served two terms as state's attorney before she was indicted and lost reelection. In 2020, at the height of the pandemic, Mosby withdrew $90,000 from Baltimore city's deferred compensation plan and used it to make down payments on vacation homes in Kissimmee and Longboat Key, Florida. Prosecutors argued that Mosby improperly accessed the funds under provisions of the Coronavirus Aid, Relief and Economic Security Act by falsely claiming that the pandemic had harmed her travel-oriented side business. Mosby's lawyers argued that the retirement funds came from her own income and that no one was defrauded because she paid an early-withdrawal penalty and all federal taxes on the money. The government said that money remained the property of the city until she was legally eligible, and her perjury harmed everyone who followed the rules during the coronavirus pandemic. The mortgage fraud conviction overturned by the appeals court on Friday stemmed from a $5,000 'gift letter' she submitted when taking a loan to buy the Longboat Key property. Prosecutors said the letter falsely stated that Mosby's husband was giving her a $5,000 gift for the closing when it actually was her own money. Mosby applied for a presidential pardon last year. In a letter to then-President Joe Biden, the Congressional Black Caucus expressed support for her cause. Biden did not grant a pardon.
