Every decision we've summarized from United States Court of Appeals for the Ninth Circuit.
The Ninth Circuit granted a petition for review, holding that the Board of Immigration Appeals erred by failing to consider evidence that Mexican authorities were unable or unwilling to control cartel violence against the petitioners and by failing to properly assess the nexus between the harm and a protected ground.
The Ninth Circuit granted Jaswinder Singh's petition for review, holding that the Board of Immigration Appeals erred in its adverse credibility determination and its internal relocation analysis. The court remanded the case for a renewed credibility assessment and a proper individualized inquiry into whether Singh could safely relocate outside of Punjab.
The Ninth Circuit affirmed a 46-month prison sentence for a felon in possession of a firearm, ruling that the district court did not clearly err in applying a sentencing enhancement for reckless endangerment during flight. The court further held that the district court properly relied on Sentencing Commission data to address sentencing disparities and that the defendant forfeited arguments regarding a downward departure.
The Ninth Circuit denied a petition for review of a Board of Immigration Appeals order finding a noncitizen removable based on petty larceny convictions. The panel held that the municipal offenses constituted crimes involving moral turpitude and rejected arguments regarding the pardon waiver and single scheme of misconduct.
The Ninth Circuit affirmed the bribery and fraud convictions of a real estate developer who lavished gifts on a Los Angeles city councilmember to secure support for a skyscraper project. The court clarified that federal bribery laws require only the intent to influence an official act, not a formal agreement or a specific quid pro quo exchange.
The Ninth Circuit reversed the district court's denial of a preliminary injunction against California AB 587, holding that its Content Category Report provisions likely violate the First Amendment. The court ruled that the mandates compel non-commercial speech subject to strict scrutiny and are not narrowly tailored to serve the state's transparency goals.
The Ninth Circuit vacated a defendant's sentence because the district court incorrectly applied a career offender enhancement based on a prior California assault conviction. The panel held that the assault statute criminalizes reckless conduct, which fails to meet the Supreme Court's mens rea requirements for a federal crime of violence.
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.
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.
The Ninth Circuit affirmed a felon-in-possession sentence, holding that the Sentencing Commission's commentary defining a large capacity magazine warrants judicial deference. The court ruled that the term is ambiguous and the Commission's interpretation of over fifteen rounds is reasonable.