Every decision we've summarized from United States Court of Appeals for the Ninth Circuit.
The Ninth Circuit denied a petition for review of a BIA order denying asylum and protection under the Convention Against Torture. The court held that substantial evidence supported the Agency's finding that the petitioner's abuse was motivated by her abuser's drug use rather than a protected ground.
The Ninth Circuit dismissed an appeal challenging the denial of a renewed temporary restraining order because such denials are generally not appealable. The court found the district court's ruling was procedural and did not resolve the merits of the case, meaning the plaintiffs retain the right to seek a preliminary injunction.
The Ninth Circuit denied a petition for review of the BIA's decision, upholding the finding that Mexican men deported from the U.S. is too broad to constitute a cognizable particular social group. The court further held that substantial evidence supported the conclusion that the petitioner's harm was motivated by personal interference in a relationship rather than membership in a protected class.
The Ninth Circuit dismissed an appeal as moot because the plaintiff initiated and extensively participated in arbitration proceedings, eliminating any live controversy. The court declined to vacate the district court's sanctions and default judgment because the party seeking relief caused the mootness.
The Ninth Circuit denied a petition for review challenging an immigration judge's conduct and the denial of asylum claims for a family of Mexican nationals. The court held that the judge's inquiry into the government's appeal strategy did not constitute fundamental unfairness and that substantial evidence supported the finding that the petitioners could safely relocate within Mexico.
The Ninth Circuit affirmed a 96-month sentence for a felon in possession of a firearm, rejecting claims that the district court committed procedural errors by departing from sentencing guidelines. The court held that judges are not required to incrementally move through criminal history categories and that such factors are properly considered within the ultimate reasonableness analysis.
The Ninth Circuit affirmed the dismissal of a visa denial challenge, holding that while the Supreme Court's Muñoz decision precludes due process claims by citizens regarding admission, it does not abrogate the Mandel exception for First Amendment rights. Applying the limited 'facially legitimate and bona fide reason' standard, the court found the government satisfied its burden by showing reasonable grounds to believe the applicant was a criminal organization member.
The Ninth Circuit affirmed Brian Broderick's conviction for transmitting a threat under 18 U.S.C. § 875(c), finding the evidence sufficient to establish a true threat. The court held that Broderick waived his challenge to excluded psychiatric testimony by withdrawing his notice of intent to present such evidence before the district court ruled.
The Ninth Circuit denied a petition for review challenging an adverse credibility finding against an asylum seeker from China. The court held that substantial evidence supported the Board of Immigration Appeals' conclusion that the petitioner submitted false information, which alone justified the denial of relief.
The Ninth Circuit affirmed a jury verdict for a truck driver injured in a collision, rejecting defendants' challenges to the award of compensatory damages and the denial of punitive damages. The court held that the plaintiff presented sufficient medical evidence to prove causation for his vision loss and that the defendant driver's conduct did not meet Arizona's high bar for outrageous behavior required to support punitive damages.