Richard C. Wesley
How Judge Wesley rules, drawn from 32 signed orders. Every observation links to the order it came from.
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Because the IJ's credibility finding rested on serious errors, and because he misstated the legal standard governing the level of government involvement needed to support a claim of persecution, we grant the petition for review, vacate the decision of the BIA, and remand the case to the BIA for further proceedings.”
“Therefore, we VACATE and REMAND for a hearing under 8 U.S.C. § 1852(b)(5)(B). In addition, we instruct the district court to appoint Petitioner pro bono counsel.”
“We conclude that the sentence was neither procedurally nor substantively unreasonable. AFFIRMED.”
“Applying strict scrutiny, therefore, and finding, as the state concedes, that the statute cannot survive such review, we affirm the district court's grant of summary judgment.”
“Disparate impact liability is unavailable because the statutes on which they base their claims require intentional discrimination. Further, the pattern-or-practice framework is ill-suited to establish the liability of the individual state officials named as defendants. AFFIRMED.”
“We address five of Siddiqui's arguments here ... AFFIRMED.”
“We hold that the district court (1) appropriately reached the merits of the case but (2) erred by finding the tax to be preempted. REVERSED and REMANDED.”
“We therefore AFFIRM the district court's judgment. AFFIRMED.”
“Heck, therefore, does not bar Poventud's claims. Accordingly, the district court's summary judgment for defendants is vacated and the case is remanded for further proceedings consistent with this opinion.”
“We conclude that this case presents an issue of first impression under Delaware law--whether a secured lender must authorize the act of filing a UCC-3 termination statement or must authorize the termination of the security interest identified for termination on that UCC-3 statement--and certify the question to the Delaware Supreme Court. QUESTION CERTIFIED.”
“We conclude that the Erasure Statute does not render tortious historically accurate news accounts of an arrest and therefore affirm the district court's grant of summary judgment for the Defendants.”
“For the reasons below, the judgment of the district court is AFFIRMED.”
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