Franklin Stuart Van Antwerpen
Judge Antwerpen no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Antwerpen decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Will direct payment of benefits when a fully developed record establishes disability and further administrative proceedings would serve no purpose.
“this Court reverses the decision of the District Court and remands with the direction to enter an order directing the payment of benefits.”
Rejects adverse credibility findings grounded in speculation rather than record evidence.
“The IJ's disbelief that Feng would suffer physical pain nine years after the alleged sterilization is similarly speculation that is not based on any record evidence.”
Procedural preferences
Confines judicial review of agency action to the rationale the agency actually supplied.
“A reviewing court is powerless to decide in the first instance issues that an agency does not reach.”
Treats entry into common areas of a locked multi-unit building differently from entry into a residence for arrest-warrant purposes.
“Given this ambiguity, we believe it is appropriate to remand so that the District Court can clarify its condition of supervised release.”
Cautions
Requires a credible actual-innocence showing before considering whether equitable tolling could excuse an untimely habeas petition.
“Because Teagle fails to establish a valid claim of actual innocence, we will affirm without deciding whether such a claim can equitably toll AEDPA’s statute of limitations.”
Does not treat an unexplained or sparse agency opinion as reversible when the result remains supported and remand would be idle.
“But notwithstanding the IJ’s spare legal analysis, we are nevertheless persuaded that the ultimate conclusion was supported by substantial evidence.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Accordingly, we will affirm Rideout’s conviction and sentence.”
“we will affirm the sentence of the District Court.”
“Accordingly, we will affirm Davis’ conviction and sentence.”
“For the aforementioned reasons, we will affirm the judgment of the District Court.”
“The decision of the District Court is therefore affirmed.”
“For these reasons, we will deny Singh’s petition for review.”
“Accordingly, we will affirm the District Court‟s sentence.”
“For the foregoing reasons, the petition for review is denied.”
“For the foregoing reasons, we will affirm the March 31, 2004 judgment of the District Court.”
“for the reasons set forth below, we will deny the petition.”
A historical record
Judge Antwerpen no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.