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Oct 17 2024
9th Cir. 21-304 2-1

Claudia Elena Montejo-Gonzalez; Dany Juan Francisco Montejo; Maria Natalia Francisco Montejo v. Merrick B. Garland, Attorney General

The Ninth Circuit held that the Immigration Judge and Board of Immigration Appeals abused their discretion by failing to consider the totality of circumstances regarding exceptional circumstances to reopen in absentia removal orders. The court reasoned that uncontrollable car accidents and a lack of evasion motive, combined with the unconscionable results for minor children eligible for derivative citizenship, warranted reopening the proceedings.

Civil Immigration (Civil)
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Oct 16 2024
9th Cir. 24-4455 Unanimous

In re: THOMAS EUGENE CREECH

The Ninth Circuit granted a writ of mandamus to recuse a district judge from a civil rights case due to her longstanding friendship with the opposing prosecutor. The court held that the judge abused her discretion by failing to recognize that a reasonable person might question her impartiality given the allegations of misconduct against her friend.

Civil Civil Rights - Section 1983
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Oct 15 2024
2nd Cir. 23-1147 Panel Decision

Salazar v. National Basketball Association

The Second Circuit held that a user who exchanges personal data for a free online newsletter qualifies as a 'subscriber of goods or services' under the Video Privacy Protection Act. The court further ruled that the unauthorized disclosure of video viewing history to a third party constitutes a concrete injury sufficient for Article III standing.

Civil Social Security
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Oct 15 2024
2nd Cir. 23-1124 Panel Decision

JOHN DOE, A FICTITIOUS NAME v. JAMES V. MCDONALD, M.D.

The Second Circuit held that a disability discrimination lawsuit brought by a former resident of a transitional adult home was moot because the state amended regulations and allowed his return. The court clarified that while the plaintiff had standing when the suit was filed, subsequent events eliminated his concrete stake in the outcome.

Civil Civil Rights - Voting Mootness Standing
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Oct 15 2024
5th Cir. 24-50783 Panel Decision

La Union del Pueblo Entero v. Abbott

The Fifth Circuit granted the State of Texas's request to stay a district court injunction that had declared parts of Texas S.B. 1 unconstitutional. Relying on the Supreme Court's Purcell principle, the court held that altering election laws three weeks before an election creates unacceptable confusion and administrative burden.

Civil Civil Rights - Voting
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Oct 9 2024
United States Court… 23-7105 Panel Decision

Tony D. Parks v. Giant Food Store, Company

The D.C. Circuit affirmed the dismissal of Tony Parks' Title VII retaliation claims, ruling that his pleadings failed to allege facts constituting a materially adverse action or a causal link to protected activity. The court further held that Parks forfeited challenges to his failure-to-promote and other discrimination claims by failing to raise them in his appellate brief.

Civil Civil Rights - Employment Summary Judgment
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Oct 8 2024
United States Court… 23-5186 Panel Decision

O'Hare v. O'Malley: O’Hare v. O’Malley

The D.C. Circuit affirmed the denial of Social Security disability benefits, holding that the Administrative Law Judge's decision was supported by substantial evidence. The court found the ALJ provided valid reasons for assigning less weight to treating physicians' opinions based on documented medical improvements and symptom control.

Civil Social Security
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Oct 8 2024
2nd Cir. 23-251 Panel Decision

Giovinco v. Pullen

The Second Circuit held that prisoners with multiple concurrent sentences cannot earn First Step Act time credits for eligible counts once any single count involves an ineligible offense. The court ruled that the Bureau of Prisons must aggregate all concurrent sentences into a single term for administrative purposes, rendering the entire imprisonment ineligible.

Constitutional Habeas Corpus - General (28 USC 2241) Supervised Release
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