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The Ninth Circuit denied a petition for review of a Board of Immigration Appeals order dismissing a motion to reopen removal proceedings. The court found no abuse of discretion in the denial based on the petitioners' failure to comply with procedural requirements for ineffective assistance of counsel claims.
The Ninth Circuit affirmed a district court's summary judgment in a prisoner's civil rights case, ruling that the lower court did not abuse its discretion in denying motions to reopen discovery. The appellate court held that the appellant failed to demonstrate the diligence required to justify additional discovery or show that such discovery would have prevented summary judgment.
The Ninth Circuit affirmed a sentence for illegal reentry, rejecting the argument that concurrent sentencing for a prior false-statement conviction precludes applying an eight-level sentencing enhancement. The panel held that the text of the Sentencing Guidelines requires using the actual sentence length imposed for the prior non-reentry offense, regardless of how grouping rules affected the original sentence.
The First Circuit affirmed a preliminary injunction blocking a categorical freeze of federal financial assistance by federal agencies but vacated the portion of the order mandating immediate disbursement of funds. The court held that while the freeze was likely arbitrary and capricious under the Administrative Procedure Act, the district court lacked jurisdiction under the Tucker Act to order direct monetary payments for contractual grant obligations.
The First Circuit affirmed a preliminary injunction blocking the federal government's categorical freeze on obligated financial assistance to states, ruling the action arbitrary and capricious under the Administrative Procedure Act. The court vacated the portion of the injunction requiring direct monetary payments, citing the Supreme Court's recent rulings on the Tucker Act and sovereign immunity.
The Third Circuit affirmed Rohan Lyttle's criminal conviction for operating an advance-fee lottery scam targeting elderly victims through wire and mail fraud. The court rejected Lyttle's challenges regarding the sufficiency of evidence, a managerial sentencing enhancement, and the admission of YouTube videos as proof of knowledge.
The United States Court of Appeals for the Eighth Circuit issued an opinion in this immigration civil matter. The court entered judgment in accordance with the opinion on the same date.
The United States Court of Appeals for the Fifth Circuit dismissed an appeal filed by a pro se litigant seeking in forma pauperis status. The court found the appellant's arguments conclusory and patently meritless, ruling that the appeal was frivolous.
The United States Court of Appeals for the Tenth Circuit dismissed an appeal filed by Mike Boulter and Boulter, LLC against Noble Energy Inc. The dismissal was granted based on a joint stipulation filed by both parties.
The United States Court of Appeals for the Federal Circuit granted a motion to withdraw an appeal filed by Ercole A. Mirarchi. The court dismissed the appeal with each side to bear its own costs.
