Aisha Johnson

Correspondent

Aisha Johnson

Federal courthouse correspondent, covers civil rights, employment discrimination, housing rights, and Second Amendment disputes.

Civil Rights & Constitutional

Decisions covered by Aisha Johnson

1,699 decisions
Dec 14 2023
2nd Cir. 22-1076-cv Panel Decision

CompassCare v. Hochul

The Second Circuit vacated the dismissal of three religious organizations' expressive-association claims against New York's reproductive health anti-discrimination law, recognizing that employers may assert associational rights when forced to retain employees who contradict their mission. The Court affirmed the dismissal of free speech and free exercise claims while remanding the case to determine if the plaintiffs plausibly alleged that the law burdens their specific organizational missions.

Civil Civil Rights - Employment
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Nov 17 2023
9th Cir. 21-352 Published

JOSE MARIA ZUNIGA DE LA CRUZ v. MERRICK B. GARLAND, Attorney General

The Ninth Circuit affirmed the denial of a petition for review, holding that Miranda warnings and the exclusionary rule do not apply in civil immigration removal proceedings. The court rejected the petitioner's argument that an administrative arrest warrant transformed the civil nature of the proceeding into a criminal one.

Civil Fifth Amendment - Self-Incrimination Fourth Amendment - Search & Seizure Immigration (Civil)
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Oct 27 2023
2nd Cir. 22-2178-cv Panel Decision

PEOPLE OF THE STATE OF NEW YORK, BY LETITIA JAMES, ATTORNEY GENERAL OF THE STATE OF NEW YORK v. NIAGARA-WHEATFIELD CENTRAL SCHOOL DISTRICT

The Second Circuit reversed a district court dismissal, clarifying that a state suing in parens patriae need not prove a discriminatory policy or practice to establish standing. The court held that New York sufficiently alleged that a school district's failure to address repeated sexual assaults and harassment affected a substantial segment of the student population.

Civil Civil Rights - Education
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Sep 13 2024
2nd Cir. 22-1197-cr Panel Decision

UNITED STATES OF AMERICA v. MANUEL ANTONIO SUQUILANDA

The Second Circuit affirmed a conviction for unlawful reentry, ruling that defects in a Notice to Appear did not strip the Immigration Court of jurisdiction. The court also rejected an equal protection challenge, finding insufficient evidence that the illegal reentry statute was enacted with discriminatory intent.

Criminal Fourteenth Amendment - Equal Protection Immigration (Criminal)
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Sep 5 2023
9th Cir. 23-48 Published

CHUN MEI TONG v. UNITED STATES OF AMERICA

The Ninth Circuit held that dismissing a prisoner's first habeas motion because the claims were legally non-cognizable constitutes an adjudication on the merits, barring any later-filed motion on those same grounds as successive. However, the court transferred a claim of ineffective assistance of counsel regarding the first motion to the district court, as that specific claim could not have been raised previously.

Constitutional Habeas Corpus - Federal Prisoner (28 USC 2255) Habeas Corpus - State Prisoner (28 USC 2254)
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Aug 11 2023
2nd Cir. 20-1666 Panel Decision

ABDERRAHMANE FARHANE v. UNITED STATES OF AMERICA

The Second Circuit affirmed the denial of Abderrahmane Farhane's habeas petition, holding that his counsel was not ineffective for failing to warn him about denaturalization risks. The court ruled that civil denaturalization is a collateral consequence of a guilty plea, meaning the Sixth Amendment does not require defense attorneys to advise on such immigration consequences.

Constitutional Habeas Corpus - Federal Prisoner (28 USC 2255) Sixth Amendment - Ineffective Assistance of Counsel Supervised Release
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Jun 7 2023
9th Cir. 21-298 Published

ANDRES ARIZMENDI-MEDINA v. MERRICK B. GARLAND, Attorney General

The Ninth Circuit reversed the Board of Immigration Appeals, holding that an immigration judge violated due process by rigidly enforcing a filing deadline without allowing a window filing. The court found the proceedings fundamentally unfair because the deadline was ambiguous and the judge refused to accept the application while still on the bench.

Civil Immigration (Civil) Sixth Amendment - Ineffective Assistance of Counsel
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Aug 5 2022
2nd Cir. 21-56 Panel Decision

Murray v. UBS Securities, LLC

The Second Circuit held that the Sarbanes-Oxley Act requires a whistleblower to prove an employer acted with retaliatory intent to discriminate against them. Because the district court failed to instruct the jury on this essential element, the verdict is vacated and the case is remanded for a new trial.

Civil Civil Rights - Employment
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Aug 5 2022
2nd Cir. 20-4202 Panel Decision

Murray v. UBS Securities, LLC

The Second Circuit held that the Sarbanes-Oxley Act requires a whistleblower to prove an employer acted with specific retaliatory intent to establish an adverse employment action claim. Because the district court failed to instruct the jury on this essential element, the court vacated the verdict and remanded for a new trial.

Civil Civil Rights - Employment
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