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Feb 24 2024
9th Cir. 1:24-cv-00066- Published

THOMAS EUGENE CREECH v. IDAHO COMMISSION OF PARDONS AND PAROLE and JAN M BENNETTS, Ada County Prosecuting Attorney

The Ninth Circuit affirmed the denial of a preliminary injunction, rejecting a death row inmate's due process claims regarding Idaho's commutation proceedings. The court held that the state's procedures satisfied constitutional minimums and that any alleged prosecutorial errors were harmless given the overwhelming evidence supporting the denial of clemency.

Civil Rights - Section 1983 Constitutional Habeas Corpus - General (28 USC 2241)
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Feb 14 2024
2nd Cir. 22-3094-cv Panel Decision

Saint-Jean v. Emigrant Mortgage Co., Inc.

The Second Circuit affirmed a jury verdict in a reverse redlining case where Black and Latino homeowners successfully sued a lender for violating antidiscrimination laws by targeting them with predatory mortgage refinancing loans. The court held that equitable tolling applied to the statute of limitations and that a release-of-claims provision in a loan modification agreement was unenforceable as a matter of law.

Civil Civil Rights - Employment
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Dec 28 2023
9th Cir. 21-411 Published

FILIBERTO ALCAREZ- RODRIGUEZ v. MERRICK B. GARLAND, Attorney General

The Ninth Circuit held that the Board of Immigration Appeals abused its discretion by denying a motion to remand without addressing evidence of unavailability due to homelessness or evaluating good cause under Matter of R-C-R-. The court remanded the case for the BIA to properly consider whether the petitioner established prima facie eligibility for asylum and related relief.

Civil Immigration (Civil)
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Nov 17 2023
9th Cir. 21-352 Published

JOSE MARIA ZUNIGA DE LA CRUZ v. MERRICK B. GARLAND, Attorney General

The Ninth Circuit affirmed the denial of a petition for review, holding that Miranda warnings and the exclusionary rule do not apply in civil immigration removal proceedings. The court rejected the petitioner's argument that an administrative arrest warrant transformed the civil nature of the proceeding into a criminal one.

Civil Fifth Amendment - Self-Incrimination Fourth Amendment - Search & Seizure Immigration (Civil)
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Sep 13 2024
2nd Cir. 22-1197-cr Panel Decision

UNITED STATES OF AMERICA v. MANUEL ANTONIO SUQUILANDA

The Second Circuit affirmed a conviction for unlawful reentry, ruling that defects in a Notice to Appear did not strip the Immigration Court of jurisdiction. The court also rejected an equal protection challenge, finding insufficient evidence that the illegal reentry statute was enacted with discriminatory intent.

Criminal Fourteenth Amendment - Equal Protection Immigration (Criminal)
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Jun 5 2023
2nd Cir. 22-1711-cv Panel Decision

GIVAUDAN SA PHYTO TECH CORP., DBA BLUE CALIFORNIA v. CONAGEN INC

The Second Circuit affirmed a district court judgment holding that Conagen was not liable for breach of contract after negotiations for an exclusivity arrangement failed. The court ruled that the executed Term Sheet created a binding duty to negotiate in good faith but did not bind the parties to the specific exclusivity terms sought by Givaudan.

Civil Securities
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Sep 8 2021
2nd Cir. 18-3710 Panel Decision

United States v. Percoco

The Second Circuit affirmed the convictions of Joseph Percoco and Steven Aiello for honest-services wire fraud, ruling that while a jury instruction regarding 'as opportunities arise' was technically flawed, the error was harmless given the overwhelming evidence of specific quid pro quos. The court further reaffirmed that non-officials who dominate and control government business owe a fiduciary duty to the public, rejecting arguments that Percoco's status as an unaffiliated advisor shielded him from liability.

Criminal Fraud
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Sep 8 2021
2nd Cir. 19-1272 Panel Decision

United States v. Percoco

The Second Circuit affirmed the honest-services fraud convictions of Joseph Percoco and Steven Aiello, ruling that while a jury instruction regarding 'as opportunities arise' was technically flawed, the error was harmless given the overwhelming evidence. The court further reaffirmed that non-employees can owe a fiduciary duty to the public if they dominate and control government business, rejecting the argument that Percoco's status as an unofficial advisor exempted him from liability.

Criminal Fraud
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Sep 8 2021
2nd Cir. 18-2990 Panel Decision

United States v. Percoco

The Second Circuit affirmed the convictions of Joseph Percoco and Steven Aiello for honest-services wire fraud, ruling that while a jury instruction regarding 'as opportunities arise' was legally flawed, the error was harmless. The court further reaffirmed that non-employees may owe fiduciary duties to the public if they dominate governmental business and are relied upon by officials.

Criminal Fraud
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