Every decision we've summarized from United States Court of Appeals for the Ninth Circuit.
The Ninth Circuit affirmed Gail Manney's conviction for making false statements on a federal firearm purchase form, ruling that the Second Amendment does not protect the act of lying to a dealer. The court further held that such misrepresentations are legally material regardless of whether the actual purchaser is legally eligible to own a gun.
The Ninth Circuit affirmed a preliminary injunction blocking California's requirement that online businesses opine on and mitigate risks of children viewing harmful content, ruling it likely violates the First Amendment by compelling speech. However, the court vacated the broader injunction covering other provisions because the record was insufficient to determine if those sections are facially unconstitutional or severable from the invalid mandate.
The Ninth Circuit granted a petition for review and remanded to the Board of Immigration Appeals because the agency mischaracterized a California statute and misapplied equitable tolling standards. The court held that the state court vacated the petitioner's conviction due to a constitutional plea defect, not solely to mitigate immigration consequences.
The Ninth Circuit affirmed the denial of Tahawwur Hussain Rana's habeas petition challenging his extradition to India. The court held that the extradition treaty's double jeopardy exception applies to charged crimes with distinct elements, not underlying acts, allowing extradition despite Rana's prior U.S. acquittal.
The United States Court of Appeals for the Ninth Circuit vacated a partial stay order issued by a motions panel, ruling that the district court's injunction barring enforcement of a specific Arizona statute shall remain in effect pending appeal.
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.
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.
The Ninth Circuit reversed the district court's dismissal of an indictment charging defendants with violating the Anti-Riot Act, holding that they failed to satisfy the rigorous two-prong selective prosecution standard. The panel found no similarly situated individuals were unpunished because the lower court improperly compared collective far-left groups to specific defendants and determined that timing and other government actions did not prove impermissible motive.
The Ninth Circuit affirmed the dismissal of a lawsuit challenging U.S. military aid to Israel, ruling that the claims present nonjusticiable political questions. The court held that adjudicating the dispute would improperly intrude upon the Executive Branch's exclusive constitutional prerogatives over foreign policy and national security.
The Ninth Circuit vacated the Railroad Retirement Board's denial of a waiver for annuity overpayments, ruling that the claimant was without fault for payments made after the agency informed him his earnings had been adjusted. The court remanded the case for the Board to determine if recovering the fault-free overpayments would be against equity or good conscience.