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Dec 29 2023
United States Court… 22-7154 Panel Decision

CAMEROON WHITERU v. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY

The D.C. Circuit certified a critical question of District of Columbia tort law to the D.C. Court of Appeals regarding whether a passenger who involuntarily falls from a platform ledge becomes a trespasser. Because no controlling precedent exists to determine the transit authority's duty of care in this specific scenario, the case is remanded pending the higher court's decision.

Civil Tort / Personal Injury
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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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Dec 27 2023
9th Cir. 21-456 Published

Rodriguez-Hernandez v. Garland

The Ninth Circuit held that a Washington state harassment conviction categorically qualifies as a crime of violence, barring the petitioner from cancellation of removal and other discretionary relief. The court also affirmed the denial of Convention Against Torture relief due to insufficient evidence of a specific threat of torture upon return to Mexico.

Civil Immigration (Civil)
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Dec 14 2023
2nd Cir. 22-1076-cv Panel Decision

CompassCare v. Hochul

The Second Circuit vacated the dismissal of three religious organizations' expressive-association claims against New York's reproductive health anti-discrimination law, recognizing that employers may assert associational rights when forced to retain employees who contradict their mission. The Court affirmed the dismissal of free speech and free exercise claims while remanding the case to determine if the plaintiffs plausibly alleged that the law burdens their specific organizational missions.

Civil Civil Rights - Employment
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Dec 8 2023
2nd Cir.

Untitled Opinion

The Second Circuit affirmed the district courts’ preliminary injunctions against New York’s public firearm carriage laws, holding that Plaintiffs demonstrated a likelihood of success on their Second Amendment claims under the *Bruen* historical tradition test. The…

Criminal Drug Trafficking
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Dec 8 2023
2nd Cir.

Untitled Opinion

The Second Circuit affirmed the district courts’ injunctions against New York’s public firearm carriage laws, holding that the state failed to demonstrate these restrictions are consistent with the nation’s historical tradition of firearm regulation as required…

Criminal Drug Trafficking
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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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Oct 27 2023
2nd Cir. 22-2178-cv Panel Decision

PEOPLE OF THE STATE OF NEW YORK, BY LETITIA JAMES, ATTORNEY GENERAL OF THE STATE OF NEW YORK v. NIAGARA-WHEATFIELD CENTRAL SCHOOL DISTRICT

The Second Circuit reversed a district court dismissal, clarifying that a state suing in parens patriae need not prove a discriminatory policy or practice to establish standing. The court held that New York sufficiently alleged that a school district's failure to address repeated sexual assaults and harassment affected a substantial segment of the student population.

Civil Civil Rights - Education
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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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