Correspondent
Breaking news correspondent, covers late-night developments and emergency rulings.
The United States Court of Appeals for the Fourth Circuit denied a petition for review of a Board of Immigration Appeals order dismissing an asylum claim. The court found substantial evidence supported the agency's determination that the Guatemalan government was able to protect the petitioners from private persecution.
The United States Court of Appeals for the Ninth Circuit dismissed a petition for review of an immigration order. The court found that the petitioner forfeited his arguments by failing to challenge dispositive findings regarding asylum and Convention Against Torture claims.
The Fourth Circuit affirmed the district court's dismissal of a civil complaint but modified the order to reflect a dismissal without prejudice. The court held that a lack of subject matter jurisdiction requires dismissal without prejudice rather than with prejudice.
The United States Court of Appeals for the Ninth Circuit denied a petition for review of a Board of Immigration Appeals order denying asylum. The court found that the petitioners failed to properly raise their claimed particular social group and that the harm they suffered was motivated by financial reasons rather than a protected ground.
The Ninth Circuit denied a petition for review of a Board of Immigration Appeals decision denying asylum to a Sikh man from India. The court held that substantial evidence supported the agency's finding that the petitioner's alleged harms did not constitute past persecution and that he could reasonably relocate within India to avoid future harm.
The United States Court of Appeals for the Fourth Circuit vacated a district court judgment because the federal court lacked subject-matter jurisdiction. The appellate court found that complete diversity of citizenship was absent among the parties as originally aligned in the complaint.
The Fifth Circuit affirmed the district court's order returning two children to Canada under the Hague Convention but vacated a preliminary injunction that had enjoined state and foreign courts from adjudicating the custody dispute. The court held that the children were habitually resident in Canada and that the father wrongfully retained them in Texas, while rejecting the father's consent and judicial estoppel defenses.
The United States Court of Appeals for the Fifth Circuit affirmed a district court ruling that imposed spoliation sanctions and awarded damages against Image Technology Consulting. The appellate court also upheld the dismissal of counterclaims brought by the defendants.
The United States Court of Appeals for the Fifth Circuit affirmed a district court order requiring the return of two children to Canada under the Hague Convention. However, the appellate court vacated a preliminary injunction that had attempted to enjoin state court proceedings and direct a foreign tribunal to adjudicate the custody dispute.
The Ninth Circuit remanded the asylum and withholding of removal claims of a petitioner who alleged persecution by Punjab police due to his political affiliation with the Shiromani Akali Dal Simranjit Mann party, finding the agency's relocation analysis inadequate.
