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MYERS v. MAYORKAS

No. 22-1304.

67 F.4th 229 (2023)

Reba MYERS; David Edward Myers, Plaintiffs-Appellants, v. Alejandro N. MAYORKAS, Secretary Department of Homeland Security; United States of America, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: May 3, 2023.

Attorney(s) appearing for the Case

ARGUED: Shane Nathaniel Waller , WALLER DEFENSE, PLLC, Strasburg, Virginia, for Appellants. Laura Taylor , OFFICE OF THE UNITED STATES ATTORNEY, Roanoke, Virginia, for Appellees. ON BRIEF: Christopher R. Kavanaugh , United States Attorney, Krista Consiglio Frith , Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Roanoke, Virginia, for Appellees.

Affirmed by published opinion. Judge Niemeyer wrote the opinion, in which Judge Quattlebaum and Senior Judge Floyd joined.

The plaintiffs Reba and David Myers, residents of West Virginia, formerly owned Demcorp, LLC, which did business as "Dollar Stretcher," a convenience store in nearby Winchester, Virginia. That store sold large quantities of cigarettes, which law enforcement agents of the Department of Homeland Security had evidence to believe...

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