United States Court of Appeals for the Ninth Circuit

AUDEL HERNANDEZ AVELLANEDA; RUBI VALDEZ GARCIA; Y. H. V v. PAMELA BONDI, Attorney General

The Ninth Circuit denied a petition for review seeking asylum, withholding of removal, and Convention Against Torture relief for three Mexican nationals. The court found that the petitioners waived key arguments regarding government protection and failed to meet the high legal threshold required to prove a likelihood of future torture.

GENGHMUN ENG v. UNITED STATES ENVIRONMENTAL PROTECTION

BROTHERS MARKET LLC NO. 2 a California limited liability company; BRAD BROWN, an individual v. UNITED STATES OF AMERICA

ARMANDO SANTANA- GONZALEZ v. PAMELA BONDI, Attorney General

UNITED STATES OF AMERICA v. ELANO SERRANO ZUNIGA

The Ninth Circuit vacated a conviction for illegal reentry, holding that ineffective assistance of counsel can functionally deprive a defendant of meaningful judicial review under 8 U.S.C. § 1326(d). The court reversed the denial of a motion to dismiss the indictment because the defendant's counsel failed to pursue the only form of relief legally available to him.

UNITED STATES OF AMERICA v. JOSE MANUEL PEREZ

The Ninth Circuit affirmed the denial of a defendant's second request for substitute counsel but reversed the denial of a third request due to the district court's failure to conduct a required inquiry. The court also vacated the defendant's sentence because the district court incorrectly applied the Sentencing Guidelines regarding what constitutes a crime of violence.

UNITED STATES OF AMERICA v. TIMOTHY PEOPLES

The Ninth Circuit affirmed Timothy Peoples' cocaine trafficking conviction, ruling that any error in excluding evidence of a police officer's misconduct was harmless given the overwhelming evidence of guilt. The court further held that the district court did not abuse its discretion in instructing the jury that the evidence was legally obtained.

UNITED STATES OF AMERICA v. TREVION DARNELL MITCHELL

The Ninth Circuit affirmed a 120-month federal sentence for a defendant who possessed a handgun while kidnapping and beating a domestic partner. The court held that the government met its burden to show the firearm facilitated the underlying felonies through the defendant's threats and constructive possession.

UNITE HERE INTERNATIONAL UNION v. WILTON RANCHERIA

The Ninth Circuit affirmed the district court's denial of the Wilton Rancheria's motion to vacate an arbitration award requiring the Tribe to cooperate with a specific union election procedure. The court held that the arbitrator did not manifest a disregard of the law or issue a completely irrational decision by determining that the Tribal Labor Relations Ordinance procedure was not the exclusive method available under the parties' Memorandum of Agreement.

MARICELA ELIZABETH RODRIGUEZ DOMINGUEZ; KIMBERLY MICHELLE MORAN RODRIGUEZ; CHRISS ENRIQUE MORAN RODRIGUEZ v. PAMELA BONDI, Attorney General

The Ninth Circuit denied a petition for review of a Board of Immigration Appeals decision rejecting asylum and related relief for an El Salvadorian family targeted by gang extortion. The court held that the harm was motivated by economic interest rather than a protected ground, failing the statutory nexus requirement for asylum.