Correspondent
Breaking news correspondent, covers late-night developments and emergency rulings.
The Federal Circuit ordered the transfer of this appeal from the Merit Systems Protection Board to the U.S. District Court for the District of Columbia. The court determined that the District Court, not the Federal Circuit, possesses the correct subject matter jurisdiction over this dispute.
The D.C. Circuit affirmed the denial of a motion to dismiss in a civil forfeiture case involving crude oil seized from two tankers. The court held that the government sufficiently pleaded that the oil belonged to the National Iranian Oil Company, which materially supported a designated foreign terrorist organization.
The Ninth Circuit affirmed the denial of withholding of removal and Convention Against Torture relief for a Brazilian national who admitted to stabbing two women, one of whom died. The court held that the petitioner failed to prove a likelihood of future torture and that his admitted violent acts constituted a serious nonpolitical crime barring relief.
The Ninth Circuit affirmed the denial of Social Security disability benefits, ruling that the Administrative Law Judge's decision was supported by substantial evidence. The court held that the ALJ provided clear and convincing reasons to discount the claimant's subjective testimony regarding her symptoms.
The Ninth Circuit affirmed the denial of withholding of removal and Convention Against Tortate relief for a Mexican national fearing cartel violence. The court held that the petitioner failed to prove a causal nexus between the feared harm and a statutorily protected ground.
The Ninth Circuit denied a petition for review of a Board of Immigration Appeals decision rejecting an asylum claim, finding that the immigration judge's reliance on evidence was supported by substantial evidence. The court held that any procedural error regarding interview notes was harmless because the judge did not credit them as true, and that the petitioner failed to meet the high burden required to overturn the agency's factual findings.
The Ninth Circuit held that a petitioner's claim of derivative citizenship presents a genuine issue of material fact that cannot be resolved by the Board of Immigration Appeals. Consequently, the court transferred the case to the United States District Court for a de novo determination of the nationality claim.
The Fourth Circuit affirmed the denial of cancellation of removal for a noncitizen who admitted to felony drug offenses during immigration proceedings. The court held that the petitioner's sworn testimony, given with counsel present, satisfied the statutory bar regarding good moral character despite the lack of a criminal conviction.
The Tenth Circuit denied Frontier Airlines' petition for review of a TSA order requiring the carrier to remit unpaid security service fees on cancelled tickets. The court held that the Aviation and Transportation Security Act obligates airlines to collect and remit fees regardless of whether passengers ultimately travel, and that expired travel credits do not constitute valid refunds.
The Ninth Circuit denied Sarabjit Singh's petition for review of the Board of Immigration Appeals' decision to deny his asylum and withholding of removal claims. The court upheld the agency's finding that Singh, a low-level party member, could safely relocate within India and would not be tracked by his persecutors.
