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The Ninth Circuit dismissed a petition for review of a BIA denial of cancellation of removal, holding it lacked jurisdiction over discretionary hardship determinations and factual findings. The court further rejected a claim regarding a defective Notice to Appear because the petitioner failed to exhaust the argument before the agency.
The First Circuit reversed the dismissal of a wrongful death claim against Premier Parks, LLC, finding that public statements and operational intermingling created a genuine dispute regarding personal jurisdiction. Conversely, the court affirmed the dismissal against EPR Properties, ruling that the plaintiffs failed to provide evidence linking the real estate trust to the hotel's marketing or booking activities in Massachusetts.
The Eleventh Circuit affirmed the drug conspiracy and possession convictions of Philip Beck, Florence Beck, and Joshua Martinez, rejecting challenges to the admission of evidence and sentencing determinations. The court held that inconsistencies in Florence Beck's post-arrest statements were credibility issues for the jury, not grounds for reversal, and that the district court properly applied Rule 404(b) and safety-valve standards.
The Sixth Circuit denies petitions for review, affirming that Arch Resources remains liable for black lung benefits accrued while it self-insured its subsidiary Apogee. The court holds that because the petitioners' arguments mirror those rejected in a prior published decision, the earlier ruling binds this panel and precludes relief.
The Fifth Circuit granted the Federal Public Defender's motion to withdraw from representing Jose Negron-Cardona after reviewing the case record. The court dismissed the appeal, finding no nonfrivolous issues for appellate review under the standard set in Anders v. California.
The Fourth Circuit affirmed the district court's denial of a pro se litigant's postjudgment motion to amend, finding no reversible error in the lower court's conclusion that the appellant presented no grounds for relief. Relying on a prior unpublished opinion that dismissed the underlying complaint, the appellate court upheld the dismissal without oral argument.
The Ninth Circuit denied a petition for review of an immigration order denying asylum and withholding of removal to a Mexican national. The court held that the record did not compel a contrary conclusion regarding the petitioner's failure to prove a well-founded fear of persecution on account of a particular social group.
The Ninth Circuit granted a stay pending appeal of a district court order that had struck the word operation from an Arizona statute governing birth certificate amendments. The panel paused the injunction to preserve the status quo while it considers the merits of the appeal regarding transgender rights.
The Eleventh Circuit affirmed the denial of a motion for sentence reduction, holding that Amendment 821 did not apply to a defendant whose original sentence included an upward departure based on specific conduct. The court found the district court properly weighed sentencing factors, concluding that the severity of the armed robbery and victim impact outweighed claims of rehabilitation.
The Sixth Circuit denies petitions for review, affirming that Arch Resources remains liable for black lung benefits under the Black Lung Benefits Act. The court relies on binding precedent to reject arguments that liability transferred when Arch sold its subsidiary in 2005.
