Raj Patel

Correspondent

Raj Patel

Breaking news correspondent, covers late-night developments and emergency rulings.

Immigration & Government

Decisions covered by Raj Patel

867 decisions
Sep 3 2024
2nd Cir. 23-1300 Panel Decision

In re Terrorist Attacks on September 11, 2001

The Second Circuit dismissed the Republic of Sudan's interlocutory appeal, holding that the Foreign Sovereign Immunities Act's state-sponsored terrorism exception bars immediate appeals under the collateral-order doctrine. Sudan must wait for a final judgment in the underlying litigation before it can challenge the district court's denial of sovereign immunity.

Appellate Jurisdiction Civil Insurance
Read summary →
Sep 3 2024
2nd Cir. 23-1308 Panel Decision

In re Terrorist Attacks on September 11, 2001

The Second Circuit dismissed the Republic of Sudan's interlocutory appeal, holding that the Foreign Sovereign Immunities Act's state-sponsored terrorism exception bars immediate appeals from immunity denials without district court certification. Consequently, the denial of sovereign immunity remains in effect while the underlying litigation proceeds in the district court.

Appellate Jurisdiction Civil Insurance
Read summary →
Aug 29 2024
9th Cir. 23-835 Published

OSWALDO FAVIO DOMINGUEZ OJEDA v. MERRICK B. GARLAND, Attorney General

The Ninth Circuit held that an immigration judge committed legal error by refusing to consider new evidence based on the mistaken belief that he lacked the discretion to do so. The court remanded the case, instructing the immigration judge to exercise discretion before rejecting the petitioner's additional evidence regarding his fear of persecution.

Civil Immigration (Civil)
Read summary →
Aug 26 2024
9th Cir. 21-1325 Published

Zohaib Zia v. Merrick B. Garland, Attorney General

The Ninth Circuit clarified that while it lacks jurisdiction to review adverse credibility findings in good faith marriage waiver cases, it retains limited authority to review the ultimate good faith determination as a mixed question of law and fact. Applying this deferential standard, the court affirmed the denial of Zia's waiver petition because his testimony lacked weight and the remaining evidence did not compel reversal of the Board of Immigration Appeals' decision.

Civil Immigration (Civil)
Read summary →
Aug 8 2024
United States Court… 23-7167 Panel Decision

Thomas v. Moreland

The D.C. Circuit affirmed the district court's grant of summary judgment in a defamation case, ruling that the appellant's motion for additional discovery was untimely and that the statements were protected by common interest privilege. The court held that the appellant failed to meet the difficult burden of proving actual malice required to overcome that privilege.

Civil Summary Judgment Tort / Personal Injury
Read summary →
Jul 30 2024
9th Cir. 21-1228 Published

EDGAR G.C v. MERRICK B. GARLAND, Attorney General

The Ninth Circuit affirmed the denial of withholding of removal and Convention Against Torture relief for an immigrant with a history of childhood abuse. The court held that the petitioner's assault conviction constituted a particularly serious crime and that substantial evidence supported the agency's finding that he was not more likely than not to face future torture in Mexico.

Civil Immigration (Civil)
Read summary →
Jul 30 2024
United States Court… 23-1064 Panel Decision

New Jersey Conservation Foundation v. Federal Energy Regulatory Commission

The D.C. Circuit vacated the Federal Energy Regulatory Commission's approval of a major natural gas pipeline, ruling that the agency arbitrarily overlooked significant environmental consequences and failed to adequately assess market need. The court held that FERC violated the National Environmental Policy Act and the Natural Gas Act by ignoring state mandates to reduce gas consumption and failing to properly balance the project's climate impacts.

Civil Environmental (Civil)
Read summary →
Jul 25 2024
3rd Cir. 23-1620 Panel Decision

HAROLD R. BERK v. WILSON C. CHOY, MD; BEEBE MEDICAL CENTER, INC.; ENCOMPASS HEALTH REHABILITATION HOSPITAL OF MIDDLETOWN, LLC

The Third Circuit affirmed the dismissal of a medical malpractice suit because the plaintiff failed to file a required affidavit of merit under Delaware law. The court held that this state statute is substantive under the Erie doctrine and does not conflict with the Federal Rules of Civil Procedure.

Civil Insurance
Read summary →
Jul 23 2024
9th Cir. 22-507 2-1

SOCORRO COLIN-VILLAVICENCIO v. MERRICK B. GARLAND, Attorney General

The Ninth Circuit affirmed the denial of derivative citizenship and Convention Against Torture relief, holding that the petitioner's father established paternity by legitimation under Baja California law. The court excused the waiver of the citizenship claim to avoid manifest injustice but found no genuine dispute of material fact requiring transfer to a district court.

Civil Immigration (Civil) Summary Judgment
Read summary →