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The Ninth Circuit affirmed the dismissal of asylum and Convention Against Torture claims because the petitioners failed to submit required biometrics despite sixteen months of notice. The court held that the Immigration Judge did not abuse his discretion in deeming the applications abandoned and rejected due process arguments regarding legal assistance.
The Tenth Circuit affirmed Michael Anthony Rangel's conviction for being a felon in possession of a firearm, rejecting his Second Amendment challenge. The court held that binding precedent remains unchanged following recent Supreme Court decisions, meaning the statute's constitutionality stands.
The Fifth Circuit affirmed Vernell Woodard's conviction and sentence for firearm brandishing and aiding and abetting a crime of violence. The court held that any failure by the district court to warn Woodard about restitution authority was harmless error because he could not show he would have rejected his plea had he received the warning.
The Fourth Circuit dismissed Yu Hin Chan's appeal because he failed to file specific objections to the magistrate judge's recommendation after receiving proper notice. This failure forfeited his right to appellate review of the district court's dismissal for failure to state a claim.
The Ninth Circuit affirmed summary judgment for the government, holding that the statutory marriage fraud bar applies even when no immigration benefit was actually sought in the prior fraudulent marriage. The court further ruled that USCIS satisfied due process requirements by relying on an ex-spouse's testimony without cross-examination, given the presence of independent evidence and the administrative burden of such hearings.
The Tenth Circuit reversed the district court's denial of the City of Aurora's motion to dismiss, holding that an officer on administrative leave lacked the actual authority required to act under color of law. The court clarified that under the Supreme Court's decision in Lindke v. Freed, apparent authority or subjective belief is insufficient to establish state action for a Section 1983 claim.
The Fifth Circuit granted appointed counsel's motion to withdraw, finding no nonfrivolous issues for direct appeal. However, the court dismissed the appeal without prejudice because the record was insufficient to fairly evaluate the defendant's ineffective assistance claims.
The Fourth Circuit affirmed the dismissal of a plaintiff's Bivens claim, ruling that the complaint failed to allege sufficient facts to establish a cognizable constitutional violation. The court further held that the U.S. Attorneys involved were protected by absolute prosecutorial immunity from liability.
The Ninth Circuit affirmed the dismissal of a citizen suit under the Resource Conservation and Recovery Act, ruling that state agency heads lacked the required 'fairly direct' connection to alleged hazardous waste violations to overcome Eleventh Amendment immunity. The court held that general supervisory roles over agencies causing pollution are insufficient to subject officials to suit under the Ex parte Young exception.
The Tenth Circuit affirmed the district court's order enforcing a handwritten settlement term sheet between an employee and her employer. The appellate panel held that the appellant failed to provide reasoned arguments or legal authority to challenge the district court's discretion in enforcing the agreement.
