Decisions

EDGAR MURILLO-CHAVEZ v. PAMELA BONDI, Attorney General

The Ninth Circuit affirmed the denial of cancellation of removal for a lawful permanent resident convicted of crimes involving moral turpitude. The court held that the petitioner failed to prove prejudice from ineffective assistance of counsel because his Special Immigrant Juvenile status did not constitute a legal admission, meaning his offenses occurred within the seven-year bar period.

Advanced Integrative Medical Science Institute v. United States Drug Enforcement Administration

The Ninth Circuit denied a petition for review challenging the DEA's refusal to exempt a doctor from registration requirements to administer psilocybin under the Right to Try Act. The court held that the DEA's letter was a final agency action and that its denial was not arbitrary or capricious because the agency provided a reasonable explanation for declining to initiate rulemaking.

United States v. Mangano

The Second Circuit reversed Edward Mangano's convictions for federal programs bribery, ruling the evidence insufficient to prove he was an agent of the Town of Oyster Bay. The court affirmed his convictions for honest services fraud and obstruction of justice, as well as his wife's convictions for those crimes and making false statements.

Hoffer v. Tellone

The Second Circuit clarified that sanctions for lost electronic evidence under Federal Rule of Civil Procedure 37(e)(2) require a specific finding of intent to deprive the opponent of that information. The court rejected the application of a lesser negligence standard, affirming the district court's denial of an adverse inference instruction in a civil rights excessive force case.

United States v. Mangano

The Second Circuit reversed Edward Mangano's federal programs bribery convictions, ruling that the evidence was insufficient to prove he was an agent of the Town of Oyster Bay. The court affirmed his honest services fraud and obstruction of justice convictions, holding that the jury instructions were proper and the evidence sufficient to support those charges.

Lapadat v. Bondi

The Ninth Circuit granted the Lapadats' petition for review and remanded their asylum case, holding that the Board of Immigration Appeals erred by disregarding credible testimony of past persecution. The panel further ruled that the record compels a finding that the Roma are a disfavored group in Romania.

United States v. Kelly

The Second Circuit affirmed R. Kelly's RICO and Mann Act convictions, rejecting challenges to the sufficiency of the evidence and the constitutionality of the underlying state laws. The court also upheld the district court's evidentiary rulings, jury selection process, and restitution orders, leaving the defendant subject to his original sentence and financial penalties.

United States v. Kelly

The Second Circuit affirmed Robert Sylvester Kelly's RICO and Mann Act convictions, ruling that sufficient evidence supported each count and that the underlying state laws were constitutional as applied to him. The court rejected claims of juror bias, ineffective assistance during voir dire, and errors in evidentiary rulings and restitution orders.

Kentrell Parker v. Tim Hooper, Warden, Louisiana State Penitentiary

K. J., a minor, by and through his guardian ad litem, Kasey L. Johnson v. Doctor LAMONT A. JACKSON

The Ninth Circuit reversed summary judgment, holding that school officials violated a high school student's due process rights by extending his suspension based on new charges without providing notice or a hearing. The court further ruled that the officials are not entitled to qualified immunity and that the student has standing to seek expungement of the disciplinary records.