Every decision we've summarized from United States Court of Appeals for the Ninth Circuit.
The Ninth Circuit denied a petition for rehearing en banc in a habeas corpus case involving a death row inmate. Judges Berzon and Bybee wrote that the panel correctly applied the narrow exception in Martinez v. Ryan to an unusual record where initial postconviction counsel error precluded future claims.
The Ninth Circuit affirmed summary judgment for the City and officers, ruling that the plaintiff failed to establish a protected possessory interest in the neighbors' portion of an alleyway. The court further held that the officers were entitled to qualified immunity and that the district court committed no abuse of discretion regarding procedural rulings.
The Ninth Circuit denied a petition for review of a Board of Immigration Appeals order dismissing asylum and protection claims. The court held that criminal extortion by a gang was motivated by pecuniary gain rather than family membership, and that petitioners failed to exhaust claims regarding a child's disability.
The Ninth Circuit affirmed the dismissal of a personal injury lawsuit against Target, ruling that California's two-year statute of limitations applies to the case rather than North Dakota's six-year period. The court held that under California's governmental interest approach to choice of law, the state has a stronger interest in applying its laws to a California resident suing in a California court for products purchased there.
The Ninth Circuit denied a petition for review because the petitioner failed to argue the merits of her asylum and removal claims in her opening brief. The court also dismissed jurisdictional challenges regarding the Notice to Appear and ineffective assistance of counsel as unexhausted or foreclosed by precedent.
The Ninth Circuit denied a petition for review of a BIA order denying asylum and related protections, ruling that the petitioners forfeited their primary legal challenge. The court dismissed the petition without addressing the merits of the underlying immigration claims due to procedural failures in the brief.
The Ninth Circuit reversed a dismissal for lack of personal jurisdiction, holding that non-resident defendants who sold NFTs and recorded a California resident's call purposefully directed their activities at the state. The court found the defendants' intentional acts expressly aimed at California caused foreseeable harm, satisfying the jurisdictional requirements without shifting the burden of unreasonableness.
The Ninth Circuit denied a petition for review of a Board of Immigration Appeals order dismissing an asylum seeker's claims. The court held that the BIA's streamlining procedure was lawful and that the petitioner forfeited all other challenges by failing to raise them in his opening brief.
The Ninth Circuit affirmed judgment on the pleadings for five of six claims, ruling that Fareportal's RICO, DTSA, and trade secret actions were time-barred because the company knew of the injury in 2016. The court reversed regarding the civil conspiracy and Unfair Competition Law claims, finding them timely and remanding for further proceedings on those specific causes of action.
The Ninth Circuit denied the petition for review of the Board of Immigration Appeals' dismissal of asylum and Convention Against Torture claims, ruling that key arguments were forfeited for failure to be raised in the opening brief. Even on the merits, the court found substantial evidence supported the lower court's conclusion that the threats lacked a nexus to a protected ground and were not committed by forces the government could not control.