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The Ninth Circuit dismissed review of the discretionary denial of special rule cancellation of removal, holding that such decisions are unreviewable. The court also denied the withholding of removal claim for failure to exhaust specific arguments before the Board of Immigration Appeals.
The Eleventh Circuit affirmed the district court's grant of summary judgment in favor of the Baldwin County Board of Education, holding that the plaintiff failed to present sufficient evidence of race-based employment discrimination or retaliation.
The Fourth Circuit affirmed Willie Junior Lilly's conviction and sentence, holding that his Second Amendment challenge to 18 U.S.C. § 922(g)(1) is foreclosed by binding circuit precedent. The court further rejected his sentencing argument, ruling that the district court correctly applied the Sentencing Guidelines to count his prior drug convictions.
The Ninth Circuit vacated a dismissal for lack of personal jurisdiction, holding that the plaintiff made a prima facie showing that the defendant intentionally aimed conduct at Oregon. The case is remanded for the district court to resolve factual disputes in the plaintiff's favor and complete the jurisdictional analysis.
The Eleventh Circuit dismissed Wilfredo Moreno Ferrer's appeal as moot because he completed his term of imprisonment. The court held that without a live sentence to reduce, there is no continuing injury to support Article III jurisdiction.
The United States Court of Appeals for the Fourth Circuit affirmed a district court order enforcing a settlement agreement and denying a motion for sanctions. The appellate court found no reversible error in the lower court's decision.
The Ninth Circuit affirmed the Board of Immigration Appeals' summary dismissal of an asylum appeal because the petitioner failed to file a required brief and provided an insufficient notice of appeal. The court further declined to review the merits of the asylum claims due to non-exhaustion of administrative remedies.
The Tenth Circuit enforced Megan Dees's appeal waiver, dismissing her challenge to a 183-month sentence for methamphetamine distribution. The court found the waiver was entered knowingly and voluntarily and that enforcing it would not result in a miscarriage of justice.
The Ninth Circuit reversed a district court's denial of attorney's fees under the Equal Access to Justice Act, clarifying that judicial disagreement alone does not prove the government's position was substantially justified. The panel held that the district court erred by treating the ALJ's decision and a dissenting opinion as dispositive evidence of reasonableness when the agency's error had already been established on remand.
The United States Court of Appeals for the Eleventh Circuit dismissed an appeal sua sponte for lack of jurisdiction. The court held that a district court order compelling discovery is not a final, appealable decision.
