Every decision we've summarized from United States Court of Appeals for the Ninth Circuit.
The Ninth Circuit denied a petition for review of an immigration order denying asylum and withholding of removal to a Mexican national. The court held that the record did not compel a contrary conclusion regarding the petitioner's failure to prove a well-founded fear of persecution on account of a particular social group.
The Ninth Circuit affirmed summary judgment for federal agents, ruling they retained qualified immunity because the warrant was not facially deficient and the agents did not deliberately deceive the magistrate. The court held that the affidavit provided a colorable argument for probable cause despite the Plaintiffs' allegations of overbreadth and misrepresentation.
The Ninth Circuit affirmed the dismissal of a First Amendment retaliation claim against Sheriff Captain Tom Boelts, finding his internal communications did not chill a person of ordinary firmness. However, the court reversed the dismissal against Lieutenant John Johnson, holding that the plaintiff adequately alleged the initiation of criminal proceedings without probable cause.
The Ninth Circuit granted a stay pending appeal of a district court order that had struck the word operation from an Arizona statute governing birth certificate amendments. The panel paused the injunction to preserve the status quo while it considers the merits of the appeal regarding transgender rights.
The Ninth Circuit affirmed a bankruptcy court ruling that Clearcom, Inc. breached its contractual obligations to access the Paniolo Cable Company's undersea infrastructure. The court held that Clearcom failed to meet its burden of proving that the Master Services Agreement and Emergency Service Order were no longer in effect when it issued a settlement guarantee.
The Ninth Circuit granted a stay pending appeal of a district court order that had struck the word operation from an Arizona statute governing birth certificate amendments. This action preserves the status quo while the appellate court considers the merits of the constitutional challenge brought by a class of transgender individuals.
The Ninth Circuit affirmed a bankruptcy court's grant of partial summary judgment against Clearcom, Inc. for breach of contract and unjust enrichment regarding the Paniolo Cable Company infrastructure. The court held that sufficient evidence supported the Trustee's claim that the Master Services Agreement and Emergency Service Order remained active when Clearcom failed to pay.
The Ninth Circuit dismissed a petition for review of a Board of Immigration Appeals decision denying cancellation of removal. The court found the petitioner failed to exhaust claims regarding ineffective assistance of counsel and lacked jurisdiction to review discretionary agency determinations.
The Ninth Circuit denied a petition for review of the Board of Immigration Appeals' decision to deny asylum and Convention Against Torture relief. The court held that small business ownership is not an immutable characteristic and that generalized country conditions do not prove government acquiescence required for CAT protection.
The Ninth Circuit affirmed the dismissal of a lawsuit alleging that Hawaii violated the National Voter Registration Act by refusing to provide a statewide voter list. The court held that while the plaintiff had standing and the claim was ripe, the statute does not require states to disclose voter lists themselves.