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The Ninth Circuit reversed a district court order that had vacated the National Marine Fisheries Service's critical habitat designations for two Arctic seal species. The appellate panel held that the agency acted within its statutory discretion under the Endangered Species Act and reinstated the designations.
The First Circuit affirmed the prison sentences and multi-million dollar forfeiture orders imposed on the Ponzo brothers for their bribery and fraud schemes involving the Mass Save program. The court rejected arguments regarding sentencing guideline calculations, enhancements, and the constitutionality of the forfeiture amounts, finding the district court's decisions supported by the evidence.
The First Circuit affirmed the sentences and multi-million dollar forfeiture orders against the Ponzo brothers, rejecting their challenges to sentencing enhancements and the calculation of criminal proceeds. The court held that the brothers' elaborate bribery scheme involving Mass Save contractors justified the prison terms and forfeiture amounts under federal law.
The First Circuit affirmed the sentences and forfeiture orders of the Ponzo brothers, who orchestrated a massive bribery scheme involving the Mass Save energy program. The court rejected arguments regarding sentencing miscalculations and the constitutionality of the multi-million dollar forfeiture, upholding the penalties as reasonable and supported by the evidence.
The First Circuit reversed a district court order allowing the collection of attorneys' fees against Puerto Rico's election commission, holding that the fee award was a discharged claim under Puerto Rico's PROMESA debt restructuring plan. The court ruled that the claim arose before the plan's effective date and was barred because the plaintiffs failed to file a proof of claim by the administrative expense deadline.
The United States Court of Appeals for the Eighth Circuit has issued an opinion in this civil contract dispute. Judgment has been entered in accordance with the court's decision.
The Ninth Circuit affirmed that journalists and protesters likely succeeded on First Amendment retaliation claims against federal officers but vacated a preliminary injunction as overbroad. The court remanded the case for the district court to fashion a narrower order strictly tailored to the specific harms alleged by the plaintiffs.
The Ninth Circuit denied a petition for review of a Department of Homeland Security reinstatement order, ruling that an approved visa petition does not create a vested right to adjust status before the Illegal Immigration Reform and Immigrant Responsibility Act. The court further held that aliens must demonstrate actual prejudice to claim a due process violation for the denial of counsel in reinstatement proceedings.
The Seventh Circuit affirmed the dismissal of Mohamed Muthana's due process and administrative claims because his own immigration petition proved he listed the address where the government sent notice. By failing to meaningfully contest this dispositive evidence in the lower court or on appeal, Muthana waived his right to challenge the denial of his request to reopen immigration proceedings.
The Fourth Circuit affirmed the district court's denial of a petition to return a child to France under the Hague Convention, finding the child faced a grave risk of harm if returned. The court held that the lower court did not clearly err in crediting evidence of abuse and declining to exercise discretion to order the child's return.
