U.S. Fourth Circuit - The FindLaw 4th Circuit Court of Appeals Opinion Summaries Blog

April 2017 Archives

Deported Witness Didn't Matter in Green Card Sting and Conviction

A federal appeals court refused to set aside the convictions of a Chinese man who blamed the government for deporting his main witness in a green card sting.

The U.S. Fourth Circuit Court of Appeal said the jury had enough evidence to convict him even though his witness hadn't testified. Moreover, the court said Kaixiang Zhu was responsible for his own predicament in United States of America v. Zhu.

"Indeed, Zhu is in this particular fix because of his own decision to flee arrest and live as a fugitive in another part of the country for more than two years," the court said in the per curiam opinion. "We doubt the government is required to keep a removable alien in the country indefinitely on the off chance that a fugitive from justice is discovered in the distant future and needs the alien as a trial witness."

President Trump's revised travel ban was blocked by federal judges in Maryland and Hawaii less than a month ago, when both courts ruled that the executive order, which halted travel and immigration from six majority-Muslim nations, likely violated the Establishment Clause.

Now, the Fourth Circuit has agreed to hear the initial appeal from the Maryland court's ruling en banc, bypassing the typical three-judge panel altogether.

Gavin Grimm just wanted to use the bathroom, but he ended up become the face of transgender civil rights. Grimm, a transgender student in Virginia, sued his school board after it refused to allow him to use the bathroom that matched his gender identity. He won a landmark victory in the Fourth Circuit and was on his way to the Supreme Court when the Trump administration repealed protections for students like Grimm, essentially ending his case.

Now Grimm's legal battle (and his high school years) are winding down. But even though his lawsuit didn't result in a conclusive victory, Grimm remains a civil rights hero, according to judges on the Fourth Circuit.