Every decision we've summarized from United States Court of Appeals for the Ninth Circuit.
The Ninth Circuit affirmed a district court ruling that upheld USCIS denial of an immigration petition based on a prior fraudulent marriage. The court held that the statutory marriage fraud bar applies even when no immigration benefit was sought for the prior marriage.
The Ninth Circuit affirmed the dismissal of a citizen suit under the Resource Conservation and Recovery Act against two California state officials. The court held that the plaintiffs failed to establish the required fairly direct connection between the defendants and the alleged hazardous waste violations.
The Ninth Circuit denied a petition for review regarding the dismissal of asylum applications due to failure to submit biometrics. The court affirmed that the Immigration Judge did not abuse discretion in deeming the applications abandoned after multiple warnings.
The Ninth Circuit affirmed the dismissal of asylum and Convention Against Torture claims because the petitioners failed to submit required biometrics despite sixteen months of notice. The court held that the Immigration Judge did not abuse his discretion in deeming the applications abandoned and rejected due process arguments regarding legal assistance.
The Ninth Circuit affirmed summary judgment for the government, holding that the statutory marriage fraud bar applies even when no immigration benefit was actually sought in the prior fraudulent marriage. The court further ruled that USCIS satisfied due process requirements by relying on an ex-spouse's testimony without cross-examination, given the presence of independent evidence and the administrative burden of such hearings.
The Ninth Circuit affirmed the dismissal of a citizen suit under the Resource Conservation and Recovery Act, ruling that state agency heads lacked the required 'fairly direct' connection to alleged hazardous waste violations to overcome Eleventh Amendment immunity. The court held that general supervisory roles over agencies causing pollution are insufficient to subject officials to suit under the Ex parte Young exception.
The Ninth Circuit stayed a district court's preliminary injunction that restricted federal agents' use of non-lethal crowd-control munitions at the Portland ICE facility. The appellate court found the government likely to succeed on its First Amendment retaliation claim and ruled the lower court's order was overly broad and exceeded judicial authority.
The Ninth Circuit denied a petition for review challenging the dismissal of asylum applications due to failure to provide biometrics. The court found the Board of Immigration Appeals did not abuse its discretion and that due process rights were not violated.
The Ninth Circuit affirmed the dismissal of Jeffery Lee Fitzhugh's Federal Tort Claims Act lawsuit, ruling that his administrative claim was filed more than two years after the incident and lacked the necessary facts for equitable tolling. The court also upheld the district court's denial of leave to file a second amended complaint because Fitzhugh failed to cure identified deficiencies despite prior opportunities.
The Ninth Circuit affirmed summary judgment, holding that the Forest Service's cancellation of a grazing permit was supported by substantial evidence of unauthorized grazing. The court further ruled that the appeal was not moot because the appellant retains a concrete interest in resolving her compliance status to secure future permit priority.