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VITKUS v. BLINKEN

No. 22-6901.

79 F.4th 352 (2023)

Darius VITKUS, Petitioner-Appellant, v. Antony BLINKEN, Secretary of State; Merrick Garland, Attorney General; Nick Proffitt, U.S. Marshal for the Eastern District of Virginia; Sean Casey, Warden William G Truesdale Adult Detention Center, Respondents-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: August 24, 2023.

Attorney(s) appearing for the Case

ARGUED: Fairuze Sofia , THE SOFIA LAW FIRM, PA, Fort Lauderdale, Florida, for Appellant. Rebecca Haciski , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellees. ON BRIEF: Kenneth A. Polite, Jr. , Assistant Attorney General, Bruce C. Swartz , Deputy Assistant Attorney General, Christopher S. Strauss , Office of International Affairs, Criminal Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.; Jessica D. Aber , United States Attorney, Richmond, Virginia, Elizabeth A. Spavins , Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellees.

Reversed and remanded by published opinion. Judge King wrote the majority opinion, in which Chief Judge Diaz joined. Judge Quattlebaum wrote a dissenting opinion.

In this interlocutory appeal from the Eastern District of Virginia, petitioner Darius Vitkus — a citizen of the Republic of Lithuania — challenges the district court's denial of his request for a preliminary injunction. See Vitkus v. Blinken, No. 1:22-cv-00845, 2022 WL 3227003 (E.D. Va. Aug. 5, 2022), ECF...

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