United States Court of Appeals for the Ninth Circuit

UNITED STATES OF AMERICA v. JOSHUA HANS ABAT JAO

Arizona Mining Reform Coalition v. United States Forest Service

The Ninth Circuit affirmed the denial of a preliminary injunction against a congressionally mandated land exchange involving Oak Flat. The court held that plaintiffs failed to demonstrate a likelihood of success on the merits of their claims under NEPA, RFRA, and the Free Exercise Clause, leaving the land transfer to proceed.

UNITED STATES OF AMERICA v. JORGE OLIVERIO MORAN-CAN

The Ninth Circuit affirmed Jorge Oliverio Moran-Can's conviction for assaulting a federal officer, rejecting his claims regarding jury selection, expert testimony, and prosecutorial misconduct. The court held that the defendant failed to prove the prosecutor's strike of a Latino juror was pretextual and that the district court correctly excluded unreliable expert testimony.

ARIZONA STATE LEGISLATURE, by and through the President of the Arizona Senate, Warren Petersen, and the Speaker of the Arizona House of Representatives, Steve Montenegro; KIMBER...

The Ninth Circuit affirmed the dismissal of a challenge to a presidential proclamation creating a national monument, holding that the plaintiffs lacked Article III standing. The court ruled that alleged future injuries to tax revenue and land value were too speculative to satisfy the imminence requirement.

O'Dell v. Aya Healthcare Services, Inc.

The Ninth Circuit held that applying non-mutual offensive collateral estoppel to invalidate arbitration agreements violates the Federal Arbitration Act. The court reasoned that such preclusion undermines the FAA's core principle of consent and effectively transforms individualized proceedings into an unagreed-upon class action.

LOS ANGELES PRESS CLUB; NEWSGUILD - COMMUNICATIONS WORKERS OF AMERICA; SEAN BECKNER-CARMITCHEL; RYANNE MENA; LEXIS-OLIVIER RAY; CHARLES XU; BENJAMIN ADAM CLIMER; ABIGAIL OLMEDA...

The Ninth Circuit affirmed that journalists and protesters likely succeeded on First Amendment retaliation claims against federal officers but vacated a preliminary injunction as overbroad. The court remanded the case for the district court to fashion a narrower order strictly tailored to the specific harms alleged by the plaintiffs.

ALFONSO VERDUZCO RUIZ v. PAMELA BONDI, Attorney General

The Ninth Circuit denied a petition for review of a Department of Homeland Security reinstatement order, ruling that an approved visa petition does not create a vested right to adjust status before the Illegal Immigration Reform and Immigrant Responsibility Act. The court further held that aliens must demonstrate actual prejudice to claim a due process violation for the denial of counsel in reinstatement proceedings.

DION KIRK HUMPHREY v. FEDERAL BUREAU OF INVESTIGATION; UNITED STATES BUREAU OF ALCOHOL TOBACCO FIREARMS & EXPLOSIVES

UNITED STATES OF AMERICA v. FRANCIS R. CASILDO

The Ninth Circuit reversed a district court's dismissal of a federal prisoner's habeas motion, excusing procedural default due to ineffective assistance of counsel. The panel held that the defendant's prior Nevada conviction was not a qualifying controlled substance offense under the Sentencing Guidelines, necessitating resentencing without the career offender enhancement.

Salhotra v. Simpson Manufacturing Co., Inc.

The Ninth Circuit vacated a district court judgment on the pleadings and remanded with instructions to dismiss the case for lack of subject matter jurisdiction because the plaintiffs failed to establish Article III standing. The court affirmed a Rule 11 sanctions order against the appellants, finding the complaint legally and factually baseless.