Virginia

RICHMOND, VA, October 17, 2025 — The U.S. Court of Appeals for the Fourth Circuit denied a petition for review filed by Sandra Yesenia Escobar-Amaya, who sought asylum, withholding of removal, and protection under the Convention Against Torture after fleeing El Salvador. Escobar-Amaya claimed she suffered abuse from her former partner and feared further harm if returned to El Salvador. The immigration judge denied her claims based on an adverse credibility finding, concluding that inconsistencies in her testimony undermined her account. The judge also found that her supporting evidence did not establish a likelihood of torture. On appeal, Escobar-Amaya argued that her inconsistencies stemmed from mental incompetency and that the judge should have conducted a competency evaluation...

ALEXANDRIA, VA – The U.S. Court of Appeals for the Fourth Circuit has upheld the conviction of Robert Smith, Jr., a Virginia man who pleaded guilty to falsifying information on federal firearms purchase forms, despite several procedural oversights during his plea hearing. The October 15, 2025, decision, authored by Judge Wilkinson and joined by Judges Thacker and Heytens, affirmed the lower court’s ruling that Smith’s plea remained valid under Rule 11 of the Federal Rules of Criminal Procedure, even though portions of the required colloquy were omitted. Smith was indicted on 24 counts of making false statements to a federal firearms licensee after purchasing 59 guns over 16 months using fictitious Virginia addresses. One address did not exist, and the other was occupied by indivi...

RICHMOND, VA — The U.S. Court of Appeals for the Fourth Circuit has upheld the dismissal of a lawsuit brought by two Virginia inmates who were held for an extra year after they should have been released under a 2020 sentencing reform law. The court’s October 15, 2025, decision affirms a lower court ruling that neither Virginia Attorney General Jason Miyares nor Virginia Department of Corrections Director Harold Clarke can be held personally liable for the delay in releasing Hamilton Hall Swart III and Richard Earl DaSilva. According to court records, the dispute arose after the General Assembly passed H.B. 5148, which expanded eligibility for enhanced sentence credits, allowing some inmates to earn up to 15 days of credit per 30 days served. The law excluded certain serious offen...

ALEXANDRIA, VA – The U.S. Court of Appeals for the Fourth Circuit has affirmed the dismissal of a federal and state malicious prosecution lawsuit filed by John Scott Moretti, a former State Department official who was arrested in 2020 on child sexual abuse charges but later had those charges dropped. According to court documents, Moretti had been indicted in Virginia on charges including forcible sodomy and indecent liberties with a child after a juvenile, identified as Jane Doe, accused him of sexually abusing her years earlier while she was visiting his home to play with his daughter. The investigation was initiated by the Prince William County Police Department after the juvenile disclosed the alleged abuse to her therapist while in residential treatment in 2019. Detective Hel...

FALLS CHURCH, VA – A transgender woman from Honduras has been denied protection from deportation after the Board of Immigration Appeals upheld a judge’s decision not to accept an agreement between her and the Department of Homeland Security. The woman said she feared being tortured if sent back to Honduras because of her gender identity. Both she and the government agreed she should be allowed to remain in the U.S., but the immigration judge said that decision could not be made without hearing her testimony in person. She chose not to testify and relied only on written statements. The board ruled that immigration judges must make their own decisions and are not required to follow agreements made between both sides. It also found there wasn’t enough specific evidence to show she w...