Every decision we've summarized from United States Court of Appeals for the Ninth Circuit.
The Ninth Circuit reversed a district court's suppression order, ruling that handcuffing a suspect during a traffic stop did not constitute an unlawful de facto arrest. The panel held that officers had a reasonable basis to fear for their safety given an unsecured firearm and the suspect's uncooperative demeanor.
The Ninth Circuit reversed Michael Blake DeFrance's conviction for possessing a firearm as a convicted domestic abuser because his prior state offense did not legally require physical force. The court held that Montana's assault statute is too broad to qualify as a predicate offense under federal law because it can be violated by inflicting emotional distress alone.
The Ninth Circuit held it has jurisdiction to review whether an alien demonstrated extraordinary circumstances to waive the one-year motion-to-reopen deadline under the Violence Against Women Act. The panel concluded the Board of Immigration Appeals did not abuse its discretion in finding the petitioner failed to meet that standard.
The Ninth Circuit affirmed the denial of asylum and withholding of removal for a Ukrainian national convicted of possessing a stolen vehicle. The court held that the Washington state statute aligns with the federal definition of an aggravated felony and that the conviction constitutes a particularly serious crime.
The Ninth Circuit affirmed the denial of a father's petition to return his two young children to Scotland under the Hague Convention. The court held that the children lacked a habitual residence in Scotland because their mother never intended to settle there and the children lacked meaningful social ties to the country.
The Ninth Circuit affirmed Barry Ray Knight's conviction for child pornography offenses but vacated specific supervised release conditions that were not orally pronounced. The court rejected Knight's argument that a pornography restriction was overbroad because it applies only to visual depictions rather than written descriptions.
The Ninth Circuit affirmed summary judgment for Circle K, holding that its use of a 'price in effect' term presumptively satisfied the good faith requirement under California Commercial Code section 2305(2). The court ruled that this presumption is only rebutted by evidence of objective bad faith, such as discriminatory pricing or prices outside the range of competitors, which the retailers failed to prove.
The Ninth Circuit affirmed a preliminary injunction against Idaho's 'recruiting' prong of its abortion trafficking statute, ruling it unconstitutionally overbroad under the First Amendment. However, the court reversed the injunction regarding the 'harboring' and 'transporting' provisions, finding those terms cover non-expressive conduct unlikely to violate the Constitution.
The Ninth Circuit reversed the Board of Immigration Appeals' denial of asylum and Convention Against Torture relief for a Salvadoran church leader, holding that substantial evidence compelled a finding that his persecution was motivated by his political opinions. The court remanded the case for the Board to determine if influential lay ministers constitute a cognizable particular social group and to reassess the risk of future torture given the FMLN's continued government influence.
The Ninth Circuit affirmed a nearly $100 million forfeiture judgment against Julian Omidi and his business for a health care fraud scheme. The court rejected the argument that a '100% Fraud Rule' applies, holding that all proceeds derived from the fraud must be forfeited even if some legitimate transactions contributed to those proceeds.