Correspondent
Breaking news correspondent, covers late-night developments and emergency rulings.
The Ninth Circuit denied a petition for review challenging a Board of Immigration Appeals order dismissing an appeal of an immigration judge's denial of a motion to reopen. The court found the petitioner failed to demonstrate the diligence required for equitable tolling of the ninety-day filing deadline.
The United States Court of Appeals for the Tenth Circuit vacated its prior judgment and ordered supplemental briefing following the Supreme Court's decision in Mullin v. Doe. The court directed the parties to address whether judicial review is available for USCIS subsidiary determinations regarding refugee status.
The Ninth Circuit denied a petition for review challenging the dismissal of asylum and withholding of removal claims by the Board of Immigration Appeals. The court found that gang threats separated by months lacked the specificity required to constitute persecution or a well-founded fear of future harm.
The Eleventh Circuit dismissed an appeal filed by a pro se plaintiff challenging a district court order requiring a response to motions to dismiss. The court held that it lacked jurisdiction because the appealed order was not a final decision or otherwise appealable under federal statute.
The Ninth Circuit affirmed the dismissal of a putative class action alleging deceptive marketing of Medicare Advantage plans. The court held that state law claims regarding marketing materials were expressly preempted by the Medicare Act.
The United States Court of Appeals for the Eleventh Circuit dismissed a petition for review challenging an order disbaring an attorney from practice before the Executive Office for Immigration Review. The court held that it lacks jurisdiction to review such disciplinary orders, as the Immigration and Nationality Act limits appellate review to final orders of removal.
The Ninth Circuit denied a petition for review challenging adverse credibility determinations in an immigration case. The court found substantial evidence supported the agency's rejection of asylum, withholding of removal, and Convention Against Torture claims.
The United States Court of Appeals for the Fourth Circuit denied a petition for review regarding an award of black lung benefits. The court found the Benefits Review Board's decision supported by substantial evidence and free of reversible error.
The United States Court of Appeals for the District of Columbia Circuit vacated a district court ruling that had granted summary judgment to several states challenging Postal Service operational changes. The appellate court held that the district court lacked jurisdiction because Congress established a specialized review scheme requiring such claims to be filed first with the Postal Regulatory Commission.
The Fourth Circuit reversed a Board of Immigration Appeals decision that denied a motion to reopen removal proceedings. The court held that the immigration court violated the petitioner's due process rights by preventing him from filing a timely motion despite his repeated attempts.
