Raj Patel

Correspondent

Raj Patel

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

Immigration & Government

Decisions covered by Raj Patel

867 decisions
Jul 16 2024
United States Court… 23-1069 Panel Decision

HEALTHY GULF v. FEDERAL ENERGY REGULATORY COMMISSION COMMONWEALTH LNG, LLC Consolidated with 23-1071

The D.C. Circuit vacated and remanded the Federal Energy Regulatory Commission's authorization of a Louisiana LNG facility for failing to adequately explain its decision not to assess greenhouse gas significance and for inadequately analyzing cumulative nitrogen dioxide effects. However, the court denied the petitioners' request to vacate the order entirely, allowing the project to proceed while FERC corrects the identified environmental deficiencies.

Jun 25 2024
9th Cir. 22-704 Published

GERSON EDUARDO ALFARO MANZANO v. MERRICK B. GARLAND, Attorney General Nos. 22-704 22-1521

The Ninth Circuit held that an asylum seeker's Jehovah's Witness faith was one central reason for his persecution by Salvadoran gangs, even though the gangs also sought to extort money from him. The court clarified that a protected ground need not be the sole motive to qualify for asylum if it would independently cause the harm.

Jun 21 2024
United States Court… 23-1044 Panel Decision

JOHN DOE v. SECURITIES AND EXCHANGE COMMISSION

The D.C. Circuit affirmed the SEC's denial of a whistleblower award to an attorney who reported his own client, holding that the disclosure was not reasonably necessary to serve the client's interests. The court reasoned that because the attorney suspected wrongdoing and intended for the tip to trigger an investigation against his client, the disclosure failed the regulatory requirement that such reports be permitted by applicable state bar rules.

Jun 17 2024
9th Cir. 23-459 Published

Tania Lizeth Gonzalez-Lara v. Merrick B. Garland, Attorney General

The Ninth Circuit held that while the Board of Immigration Appeals erred by refusing to remand a case for voluntary departure eligibility following a change in law, the error was harmless because the petitioner failed to prove she met all statutory requirements. The court affirmed the denial of asylum and withholding of removal, finding substantial evidence supported the conclusion that the petitioner's fear of gang violence was speculative.

Jun 3 2024
9th Cir. 22-954 Published

MARLON ALONZO SMITH v. MERRICK B. GARLAND, Attorney General

The Ninth Circuit denied Marlon Alonzo Smith's petition for review of the Board of Immigration Appeals' order denying Convention Against Torture relief and finding him removable. The court held that Smith failed to preserve his challenges to the authenticity of key government documents and found substantial evidence supported the denial of CAT protection.

May 15 2024
9th Cir. 21-0319 Published

TOTAL TERMINALS INTERNATIONAL, LLC; SIGNAL MUTUAL INDEMNITY ASSOCIATION, LTD v. DIRECTOR, OFFICE OF WORKER’S COMPENSATION PROGRAMS; ROBERT TOWER

The Ninth Circuit held that a longshoreman with unilateral hearing loss and bilateral tinnitus is entitled to compensation under the statutory rate for one ear, not the higher rate for bilateral hearing loss. The court also ruled that the Benefits Review Board's remand order was final and appealable because only a ministerial act remained for the Administrative Law Judge to complete.

May 10 2024
United States Court… 22-5150 Panel Decision

Maria Esparraguera v. Department of the Army, et al.

The D.C. Circuit reversed the district court's dismissal of a federal employee's due process claim, holding that career appointees in the Senior Executive Service possess a protected property interest in their tenure after completing their probationary period. The court reasoned that because the Civil Service Reform Act limits removals to specific causes for tenured SES employees, they are entitled to constitutional procedural protections before being removed.

Apr 30 2024
United States Court… 22-1101 Panel Decision

Alabama Municipal Distributors Group v. Federal Energy Regulatory Commission

The D.C. Circuit denied petitions challenging the Federal Energy Regulatory Commission's certification of the Evangeline Pass Expansion Project, ruling that the agency reasonably applied the National Environmental Policy Act. The court also upheld FERC's decision to deny windfall profit credits to existing pipeline customers who would not use the new capacity.

Apr 24 2024
9th Cir. 22-1969 Published

NATIONAL LABOR RELATIONS BOARD v. SIREN RETAIL CORPORATION DBA STARBUCKS ---------------------------------------- WORKERS UNITED

The Ninth Circuit enforced the National Labor Relations Board's order requiring Starbucks to bargain with Workers United, rejecting the company's arguments regarding election procedures and court jurisdiction. The panel held that the Regional Director properly ordered a mail-ballot election during the pandemic and that the Board's order was final and reviewable despite severing a potential compensatory remedy.

Mar 22 2024
9th Cir. 22-211 Published

AJAY PAL SINGH v. MERRICK B. GARLAND, Attorney General

The Ninth Circuit held that the Board of Immigration Appeals erred by failing to apply the presumption of past persecution and shifting the burden to the government regarding internal relocation for an asylum seeker from India. The court remanded the case for a reasoned, individualized analysis of whether the petitioner could safely relocate within India given his continued political advocacy, while affirming the denial of Convention Against Torture relief.