Every decision we've summarized from United States Court of Appeals for the Ninth Circuit.
The Ninth Circuit affirmed a Bankruptcy Appellate Panel ruling that creditors violated the bankruptcy discharge injunction by misapplying Chapter 13 plan payments. The court further held that emotional distress damages remain a potential remedy for such violations under traditional civil contempt principles.
The Ninth Circuit denied a petition for review of a Board of Immigration Appeals decision rejecting an asylum claim, finding that the immigration judge's reliance on evidence was supported by substantial evidence. The court held that any procedural error regarding interview notes was harmless because the judge did not credit them as true, and that the petitioner failed to meet the high burden required to overturn the agency's factual findings.
The Ninth Circuit held that a petitioner's claim of derivative citizenship presents a genuine issue of material fact that cannot be resolved by the Board of Immigration Appeals. Consequently, the court transferred the case to the United States District Court for a de novo determination of the nationality claim.
The Ninth Circuit denied a petition for review of the Board of Immigration Appeals' order denying asylum, withholding of removal, and Convention Against Torture protection. The court held that the record contained substantial evidence that the petitioner failed to establish past persecution or a well-founded fear of future persecution because harm to her relatives was not closely tied to her and she suffered no physical injury herself.
The Ninth Circuit denied a petition for review of a Board of Immigration Appeals decision, ruling that the petitioner's motions to reopen and reconsider were barred by statutory time limits and the one-motion rule. The court found no exceptions applied because the petitioner failed to demonstrate changed country conditions or fundamental unfairness in his immigration proceedings.
The Ninth Circuit vacated summary judgment on a False Claims Act retaliation claim, ruling that an employer's refusal to renew a contract after an employee reported Medicaid fraud created a genuine dispute of material fact. The court held that a reasonable jury could find the nonrenewal was likely to deter protected activity and that the employer's stated reasons were pretextual.
The Ninth Circuit denied a petition for review, upholding the Board of Immigration Appeals' rejection of an immigrant's claims for cancellation of removal, asylum, and protection from torture. The court found substantial evidence supported the agency's conclusion that the petitioner failed to prove exceptional hardship to his children and did not demonstrate changed circumstances to excuse his late asylum filing.
The Ninth Circuit reversed the dismissal of a consumer class action alleging Target sold cotton sheets with impossible thread counts. The court held that literally false advertising claims present questions of fact inappropriate for dismissal at the pleading stage.
The Ninth Circuit affirmed the denial of Social Security disability benefits, holding that the Administrative Law Judge did not abuse discretion in rejecting medical and lay testimony. The court found the ALJ properly applied the substantial evidence standard by weighing treatment duration, consistency with the record, and the claimant's insured status.
The Ninth Circuit affirmed the denial of asylum and withholding of removal because the petitioner failed to exhaust his claims regarding the Immigration Judge's nexus finding. The court also upheld the denial of Convention Against Torture relief, finding that a single unharmed threat and speculative arguments did not meet the legal burden for torture.