Correspondent
Breaking news correspondent, covers late-night developments and emergency rulings.
The Ninth Circuit en banc court denied the petitioners' motion to stay removal and lifted a previously entered temporary stay of removal. Chief Judge Murguia wrote separately to clarify that the lawfulness of the court's automatic stay practice is an internal administrative matter not properly before the court.
The United States Court of Appeals for the Federal Circuit affirmed the Merit Systems Protection Board's decision in a nonprecedential per curiam order. The court found no reversible error in the Board's handling of Timothy L. Crisp's employment dispute with the United States Postal Service.
The Federal Circuit affirmed the Merit Systems Protection Board's dismissal of John Suggs's appeal for lack of jurisdiction. The court held that disputes over severance pay and debt garnishment do not constitute appealable adverse actions under the relevant federal statute.
The Seventh Circuit denied a petition for review of a Board of Immigration Appeals order rejecting an asylum claim because the petitioner failed to prove the gang targeted him for a protected reason. The court upheld the finding that the gang's motivation was purely economic, aimed at recruiting boys for fuel theft rather than punishing the petitioner's civic activities.
The Sixth Circuit reversed the district court's denial of intervention of right for agricultural industry groups challenging the EPA's approval of a phosphorus pollution limit for Lake Erie. The court held that these groups have a distinct legal interest in defending the TMDL that the EPA may not adequately represent, while affirming the denial of intervention for a local coalition that failed to show unique arguments.
The Federal Circuit affirmed the Merit Systems Protection Board's decision to sustain the removal of a DEA Special Agent for taking nude photographs of a minor on a government-issued phone. The court held that the agency was not required to prove criminal intent to sustain a charge of conduct unbecoming a federal law enforcement officer.
The Eleventh Circuit granted summary disposition in favor of the government, holding that petitioners abandoned their procedural challenge to the Board of Immigration Appeals' handling of their minor son's appeal. The court affirmed the BIA's denial of asylum, withholding of removal, and Convention Against Torture relief without addressing the merits of the procedural argument.
The Federal Circuit affirmed the dismissal of a pro se prisoner's complaint for failure to prosecute after he failed to pay the required filing fee. The court held that the lower court did not abuse its discretion in denying in forma pauperis status under the three-strikes rule.
The D.C. Circuit affirmed the dismissal of a pro se qui tam complaint, ruling that private individuals lack standing to file such actions on behalf of the United States. The court also denied the appellant's ancillary motions and dismissed portions of his request to supplement the record as moot.
The Sixth Circuit denied a petition for review seeking asylum and withholding of removal for Guatemalan nationals who claimed gang persecution. The court affirmed the Board of Immigration Appeals' finding that the petitioners failed to prove their indigenous identity was a central reason for the threats they faced.
