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Evidence Keyed to Allen
United States v. Fomichev
Citation:899 F.3d 766 (9th Cir. 2018)
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*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Fomichev was born in Russia and came to the United States in 2003 on a student visa. He met Svetlana Pogosyan in 2006, and they married. In 2007, Pogosyan applied for an alien relative visa for Fomichev. The United States Department of Homeland Security found the marriage bona fide, approved the visa, and granted Fomichev conditional residence. Two years later, Fomichev and Pogosyan, with counsel, petitioned to remove the conditions on Fomichev’s residence. The couple attached copies of their jointly filed tax returns to the petition. In 2010, agents of the Internal Revenue Service approached Pogosyan, who gave conflicting answers to the agents’ initial questions about where she and Fomichev lived and about their tax returns, so that agents cautioned her that lying to federal agents is a felony. At that point, Pogosyan stated she wanted to come clean and tell the agents the truth. Fomichev filed a motion to suppress the recordings of his conversations with Pogosyan and Pogosyan’s testimony.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.