United States Court of Appeals for the Ninth Circuit

B.B., a minor by and through her mother, Chelsea Boyle v. Capistrano Unified School District; Jesus Becerra, an individual in his individual and official capacities; Cleo Victa, an individual in her individual and official capacities

The Ninth Circuit vacated a district court's grant of summary judgment for a school principal who disciplined a first-grade student for a drawing. The panel held that elementary students retain First Amendment protections and that age is a relevant but non-dispositive factor in the Tinker balancing test.

UNITED STATES OF AMERICA v. JUAN GONZALEZ-LOPEZ

The Ninth Circuit affirmed a forty-month sentence for transporting aliens, rejecting claims that the district court failed to properly apply the advisory Sentencing Guidelines. The court held that the judge adequately explained the upward variance and considered statutory factors without committing procedural error.

Kirkman v. State of California

The Ninth Circuit affirmed the denial of qualified immunity for a police officer who fatally shot an unarmed individual. The court held that viewing the evidence in the light most favorable to the plaintiffs, a reasonable jury could find the use of deadly force violated clearly established law.

JOSE LUIS AYALA v. ROBERTO A. ARIAS, Warden

The Ninth Circuit affirmed the denial of a state prisoner's habeas petition, ruling that his request to represent himself was made too close to trial to be considered timely under federal law. The court held that the California Court of Appeal reasonably applied Supreme Court precedent by finding the request untimely when made on the eve of trial.

UNITED STATES OF AMERICA v. ALMA GARZA

The Ninth Circuit affirmed Alma Garza's conviction for drug conspiracy and possession, ruling that a less-than-three-day warrantless detention of a mailed package was reasonable under the Fourth Amendment. The court held that investigators acted diligently and that an evidentiary hearing was unnecessary given the lack of specific factual allegations from the defense.

Harvell v. Rigney

The Ninth Circuit affirmed the denial of summary judgment on qualified immunity grounds for prison officers accused of excessive force. The court held that if a prisoner proves they were beaten while handcuffed and subdued, the officers violated clearly established law.

Nelson Panda; Fredy Jeremia Mbando Panda v. Pamela Bondi, Attorney General

The Ninth Circuit granted a petition for review and remanded a Board of Immigration Appeals decision denying asylum and withholding of removal. The court found the agency materially misstated the record regarding the petitioner's release from detention and his subsequent hiding.

Franz Haas GmbH SRL v. Winebow Inc.

The Ninth Circuit affirmed a district court order confirming a foreign arbitration award. The court rejected the appellant's arguments regarding procedural defects and translation errors as frivolous.

PACITO; ESTHER; JOSEPHINE; SARA; ALYAS; MARCOS; AHMED; RACHEL; ALI; HIAS INC.; CHURCH WORLD SERVICE INC.; LUTHERAN COMMUNITY SERVICES NORTHWEST v. DONALD J. TRUMP

Pacito v. Trump

The Ninth Circuit affirmed in part and reversed in part a district court preliminary injunction blocking Executive Order No. fourteen thousand one hundred sixty-three. The panel held that the President acted within statutory authority to suspend refugee admissions but found the government violated the Administrative Procedure Act by defunding resettlement services without reasoned explanations.