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.

Feb 20 2024
23-137 Published

NATIONAL LABOR RELATIONS BOARD v. VALLEY HEALTH SYSTEM, LLC DBA DESERT SPRINGS HOSPITAL MEDICAL CENTER; VALLEY HOSPITAL MEDICAL CENTER, INC. DBA VALLEY HOSPITAL MEDICAL CENTER

The Ninth Circuit enforced the National Labor Relations Board's order finding that hospitals committed an unfair labor practice by unilaterally stopping union dues checkoff after their collective bargaining agreements expired. The court ruled that the Taft-Hartley Act does not require specific revocability language to be written into employee authorization forms for the deduction to remain valid.

Civil Labor
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Dec 28 2023
21-411 Published

FILIBERTO ALCAREZ- RODRIGUEZ v. MERRICK B. GARLAND, Attorney General

The Ninth Circuit held that the Board of Immigration Appeals abused its discretion by denying a motion to remand without addressing evidence of unavailability due to homelessness or evaluating good cause under Matter of R-C-R-. The court remanded the case for the BIA to properly consider whether the petitioner established prima facie eligibility for asylum and related relief.

Civil Immigration (Civil)
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Dec 27 2023
21-456 Published

Rodriguez-Hernandez v. Garland

The Ninth Circuit held that a Washington state harassment conviction categorically qualifies as a crime of violence, barring the petitioner from cancellation of removal and other discretionary relief. The court also affirmed the denial of Convention Against Torture relief due to insufficient evidence of a specific threat of torture upon return to Mexico.

Civil Immigration (Civil)
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Nov 17 2023
21-352 Published

JOSE MARIA ZUNIGA DE LA CRUZ v. MERRICK B. GARLAND, Attorney General

The Ninth Circuit affirmed the denial of a petition for review, holding that Miranda warnings and the exclusionary rule do not apply in civil immigration removal proceedings. The court rejected the petitioner's argument that an administrative arrest warrant transformed the civil nature of the proceeding into a criminal one.

Civil Fifth Amendment - Self-Incrimination Fourth Amendment - Search & Seizure Immigration (Civil)
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Sep 14 2023
21-1098 Published

PETR VASILYEVICH RUDNITSKYY v. MERRICK GARLAND, Attorney General

The Ninth Circuit denied a petition for review, holding that the stop-time rule for cancellation of removal is triggered by the date a criminal offense is committed, not the date of conviction. This ruling confirms that a lawful permanent resident is ineligible for relief if the offense occurred within seven years of admission, even if the conviction finalizes after that period.

Civil Immigration (Civil)
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Sep 5 2023
23-48 Published

CHUN MEI TONG v. UNITED STATES OF AMERICA

The Ninth Circuit held that dismissing a prisoner's first habeas motion because the claims were legally non-cognizable constitutes an adjudication on the merits, barring any later-filed motion on those same grounds as successive. However, the court transferred a claim of ineffective assistance of counsel regarding the first motion to the district court, as that specific claim could not have been raised previously.

Constitutional Habeas Corpus - Federal Prisoner (28 USC 2255) Habeas Corpus - State Prisoner (28 USC 2254)
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Jun 7 2023
21-584 Published

SERGEY NIKO ZHOVTONIZHKO v. MERRICK B. GARLAND, Attorney General

The Ninth Circuit held that the Board of Immigration Appeals erred by relying on outdated precedent to classify Washington's current reckless driving statute as a crime involving moral turpitude. The court found that the statute's 'reckless manner' element reflects a lower mental state than the 'wanton or willful disregard' standard required by prior BIA rulings.

Civil Immigration (Civil)
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Jun 7 2023
21-298 Published

ANDRES ARIZMENDI-MEDINA v. MERRICK B. GARLAND, Attorney General

The Ninth Circuit reversed the Board of Immigration Appeals, holding that an immigration judge violated due process by rigidly enforcing a filing deadline without allowing a window filing. The court found the proceedings fundamentally unfair because the deadline was ambiguous and the judge refused to accept the application while still on the bench.

Civil Immigration (Civil) Sixth Amendment - Ineffective Assistance of Counsel
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