Sosimo Vera Chairez v. Secretary Alejandro Mayorkas
The Ninth Circuit affirmed the dismissal of a challenge to the denial of a U visa waiver, holding that the decision was discretionary and thus unreviewable in district court.
Every decision we've summarized from United States Court of Appeals for the Ninth Circuit.
The Ninth Circuit affirmed the dismissal of a challenge to the denial of a U visa waiver, holding that the decision was discretionary and thus unreviewable in district court.
The Ninth Circuit affirmed summary judgment for GEICO, holding that Idaho law treats the interpretation of an unambiguous insurance policy as a question of law. The court found no genuine issue of material fact because the insured was never legally obligated to pay damages, and the insurer had fulfilled its duty to communicate settlement offers.
The Ninth Circuit affirmed Aaron Thomas Mitchell's convictions for kidnapping a minor and deprivation of bodily rights under color of law. The court held that the district court did not abuse its discretion in denying motions for mistrial or continuance, finding no prosecutorial misconduct or trial error prejudiced the defendant.
The Ninth Circuit affirmed the district court's order compelling arbitration and dismissing the lawsuit, holding that a valid arbitration agreement existed under Arizona law and the Federal Arbitration Act. The court clarified that while the dismissal was correct, it should have been based on the merits rather than a lack of subject-matter jurisdiction.
The Ninth Circuit remanded the asylum and withholding of removal claims for reconsideration after finding the Board of Immigration Appeals may have failed to consider key evidence regarding Guatemala's ability to protect the petitioners. The court affirmed the denial of Convention Against Torture protection, ruling that the petitioners failed to meet the required standard of proof.
The Ninth Circuit affirmed the denial of a preliminary injunction against Seattle's App-Based Worker Deactivation Rights Ordinance. The panel held that the law regulates nonexpressive conduct and, even if viewed as commercial speech, satisfies constitutional scrutiny.
The Ninth Circuit affirmed the denial of a preliminary injunction against Seattle's App-Based Worker Deactivation Rights Ordinance. The court held that the ordinance regulates nonexpressive conduct and, even if it regulated speech, it would satisfy the applicable First Amendment scrutiny.
The Ninth Circuit affirmed the district court's grant of summary judgment against a plaintiff alleging harm from a malfunctioning medical device. The court held that the plaintiff failed to provide evidence of public impact for his consumer protection claim and lacked necessary expert testimony for his negligence claim.
The Ninth Circuit reversed a district court dismissal of a Second Amendment challenge to firearm prohibitions imposed by protection orders. The appellate court held that the Rooker-Feldman doctrine does not bar federal review when a plaintiff challenges the underlying statutes rather than seeking to overturn a specific state-court judgment.
The Ninth Circuit reversed a district court's dismissal of a Second Amendment challenge to firearm prohibitions tied to protection orders. The appellate court held that the Rooker-Feldman doctrine does not bar the claim because the plaintiff challenged the statutes themselves rather than seeking to overturn a specific state-court judgment.