Correspondent
Breaking news correspondent, covers late-night developments and emergency rulings.
The Ninth Circuit denied a petition for review of a Board of Immigration Appeals order refusing to reopen removal proceedings. The court declined to address arguments about changed country conditions because the petitioner failed to challenge the BIA's finding that she did not meet the threshold requirements for relief.
The Ninth Circuit affirmed the district court's denial of a preliminary injunction sought by a plaintiff to stop the garnishment of his Social Security benefits. The court held that the plaintiff failed to demonstrate a likelihood of success on the merits because executing a garnishment order does not require judicial examination beyond the face of the legal process.
The First Circuit affirmed a preliminary injunction blocking a categorical freeze of federal financial assistance by federal agencies but vacated the portion of the order mandating immediate disbursement of funds. The court held that while the freeze was likely arbitrary and capricious under the Administrative Procedure Act, the district court lacked jurisdiction under the Tucker Act to order direct monetary payments for contractual grant obligations.
The Federal Circuit affirmed the Merit Systems Protection Board's denial of a whistleblower reprisal claim, holding that the employee failed to provide substantial evidence of a protected disclosure. The court clarified that a prior finding of a nonfrivolous allegation does not satisfy the higher evidentiary burden required to prove a prima facie case of reprisal.
The Federal Circuit affirmed in part and dismissed in part the Veterans Court's decision denying earlier effective dates for service-connected disability compensation. The court clarified that its jurisdiction is limited to questions of law and cannot review the application of legal standards to specific factual findings.
The D.C. Circuit dismissed consolidated petitions challenging the EPA's 2020 Renewable Fuel Standard because intervening statutory changes and the superseding 2022 Rule rendered the case moot. The court held that petitioners could not seek an advisory opinion on a future agency policy when the underlying legal framework had materially shifted.
The Fourth Circuit affirmed the dismissal of a second lawsuit by real estate firms challenging state reclamation activities at a former coal mine. The court held that the doctrine of claim preclusion barred the plaintiffs from relitigating issues arising from the same site and transaction, and that the remaining claim failed to state a valid cause of action under the Clean Water Act.
The Seventh Circuit affirmed the dismissal of Dr. Peterson's appeal regarding his removal from the Veterans Administration, holding that the agency's procedures were not arbitrary or capricious. The court found that Peterson received adequate due process, including advance notice and multiple opportunities to be heard, despite delays caused by the pandemic.
The Fifth Circuit withdrew its prior opinion and vacated the EPA's disapproval of Texas's State Implementation Plan, remanding the matter for reconsideration. The court found that the EPA's subsequent notice of proposed rulemaking indicated it relied on new modeling data that was unavailable to Texas when it submitted its plan.
The Ninth Circuit denied a Salvadoran national's petition for review of an immigration judge's order denying withholding of removal and Convention Against Torture protection. The court held that the petitioner's proposed social group was not legally cognizable and that his claims were forfeited due to insufficient argument and failure to exhaust procedural objections.
