9th Cir.

United States Court of Appeals for the Ninth Circuit

Every decision we've summarized from United States Court of Appeals for the Ninth Circuit.

Jun 28 2024

23-204 Published

GILBERTO AZAEL LEON PEREZ v. MERRICK B. GARLAND, Attorney General

The Ninth Circuit denied a petition for review, holding that a Nevada conviction for attempted lewdness with a child under 14 constitutes an aggravated felony of attempted sexual abuse of a minor. The court reaffirmed that its precedent defining the generic elements of this crime remains consistent with the Supreme Court's narrow ruling in Esquivel-Quintana.

Civil Immigration (Civil)

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Jun 25 2024

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.

Civil Immigration (Civil)

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Jun 17 2024

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.

Civil Immigration (Civil)

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Jun 13 2024

6:21-cr-00004- Published

UNITED STATES OF AMERICA v. JOHN RUSSELL HOWALD

The Ninth Circuit affirmed John Howald's convictions for a federal hate crime and firearm discharge, rejecting his constitutional challenges to the statute's Commerce Clause reach. The court further held that an attempt to kill under the Hate Crimes Prevention Act constitutes a crime of violence, satisfying the elements required for the firearm enhancement.

Criminal Drug Trafficking Firearms

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Jun 11 2024

5:18-cr-00258- Published

UNITED STATES OF AMERICA v. ELIZABETH A. HOLMES

The Ninth Circuit affirmed the fraud convictions and sentences of Elizabeth Holmes and Sunny Balwani, ruling that while some lay witness testimony improperly encroached on expert testimony under Rule 702, any error was harmless. The court further rejected arguments regarding the admissibility of a CMS report and other evidentiary challenges, finding no reversible error in the district court's decisions.

Criminal Drug Trafficking

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Jun 3 2024

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.

Civil Immigration (Civil)

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May 31 2024

3:23-cv-01097-CL Published

Betschart v. State of Oregon

The Ninth Circuit affirmed a preliminary injunction requiring Oregon to provide counsel to indigent criminal defendants within seven days of their initial appearance or release them from custody. The court held that the systemic failure to provide counsel constitutes an extraordinary circumstance that overrides the Younger abstention doctrine and justifies federal intervention to protect Sixth Amendment rights.

Constitutional Habeas Corpus - General (28 USC 2241) Preliminary Injunction

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May 15 2024

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.

Civil Labor

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Apr 24 2024

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.

Civil Immigration (Civil)

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Apr 23 2024

9:23-cv-00101- Published

Flathead-Lolo-Bitterroot Citizen Task Force; WildEarth Guardians v. State of Montana; Lesley Robinson; Greg Gianforte

The Ninth Circuit affirmed a preliminary injunction banning wolf trapping in Montana during grizzly bear denning season but vacated the order's geographic scope and prohibition on research trapping. The court held that while plaintiffs raised serious questions regarding unlawful grizzly bear take under the Endangered Species Act, the district court's injunction was overbroad in its application to areas outside the occupied grizzly range and to state research activities.

Civil Civil Rights - Voting

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