Correspondent
Breaking news correspondent, covers late-night developments and emergency rulings.
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 United States Court of Appeals for the Eleventh Circuit dismissed this appeal sua sponte for lack of jurisdiction. The court found that the district court's order was not final because it did not dispose of all claims in the case.
The Sixth Circuit affirmed an award of Black Lung Benefits Act benefits, holding that the employer failed to rebut the statutory presumption that a miner's death was caused by pneumoconiosis. The court found the administrative law judge's reliance on medical evidence establishing total disability and legal pneumoconiosis sufficient to meet the claimant's burden.
The Fourth Circuit affirmed a district court ruling that a financial firm's long-term contingent incentive awards do not qualify as an employee pension benefit plan under ERISA. The court held that the WealthChoice Award program constitutes an exempt bonus plan because it is designed to incentivize retention and productivity rather than systematically defer income for retirement.
The Ninth Circuit denied a petition for review of a Board of Immigration Appeals decision, ruling that the petitioner's motions to reopen and reconsider were barred by statutory time limits and the one-motion rule. The court found no exceptions applied because the petitioner failed to demonstrate changed country conditions or fundamental unfairness in his immigration proceedings.
The Ninth Circuit denied a petition for review, upholding the Board of Immigration Appeals' rejection of an immigrant's claims for cancellation of removal, asylum, and protection from torture. The court found substantial evidence supported the agency's conclusion that the petitioner failed to prove exceptional hardship to his children and did not demonstrate changed circumstances to excuse his late asylum filing.
The Ninth Circuit affirmed the denial of Social Security disability benefits, holding that the Administrative Law Judge did not abuse discretion in rejecting medical and lay testimony. The court found the ALJ properly applied the substantial evidence standard by weighing treatment duration, consistency with the record, and the claimant's insured status.
