Correspondent
Breaking news correspondent, covers late-night developments and emergency rulings.
The Fourth Circuit affirmed the dismissal of a sexual abuse survivor's state-law tort claims against a residential treatment facility, ruling they were time-barred under West Virginia's two-year statute of limitations. The court clarified that the state's tolling statute for intentional concealment does not apply to claims based on negligent supervision or hiring.
The Seventh Circuit certified a question of Kentucky state law to the Kentucky Supreme Court to determine if a state conviction for receiving stolen property categorically matches the federal definition of an aggravated felony. The court could not discern whether the state statute requires subjective knowledge of the stolen nature of the property, which is a mandatory element under federal immigration law.
The Ninth Circuit denied a petition for review filed by an Ecuadorian family seeking asylum, withholding of removal, and protection under the Convention Against Torture. The court held that substantial evidence supported the agency's finding that the petitioners failed to demonstrate harm rising to the level of persecution or a reasonable possibility of future persecution.
The Ninth Circuit denied Ricardo Gomez Rivera's petition for review of the Board of Immigration Appeals' order rejecting his claims for asylum, withholding of removal, and protection under the Convention Against Torture. The court held that the petitioner waived review of critical determinations regarding filing deadlines and nexus, and found the agency's factual findings regarding his claim of membership in a particular social group supported by substantial evidence.
The United States Court of Appeals for the Ninth Circuit denied a petition for review of a Board of Immigration Appeals order. The court affirmed the denial of a motion to reopen removal proceedings without addressing the merits of the underlying relief.
The Ninth Circuit affirmed a district court order denying a pro se plaintiff's motion for a preliminary injunction challenging the garnishment of his Social Security benefits. The appellate panel held that the plaintiff failed to demonstrate a likelihood of success on the merits of his claims.
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 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.
