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Sep 3 2024
United States Court… 23-7057 Panel Decision

MARGDA PIERRE-NOEL, "MS. PIERRE," v. BRIDGES PUBLIC CHARTER SCHOOL AND DISTRICT OF COLUMBIA, A MUNICIPAL CORPORATION: MARGDA PIERRE-NOEL, “MS. PIERRE,” v. BRIDGES PUBLIC CHARTER SCHOOL AND DISTRICT OF COLUMBIA, A MUNICIPAL CORPORATION

The D.C. Circuit held that the Individuals with Disabilities Education Act requires school districts to provide door-to-door assistance for a wheelchair-bound student to access school. The court reversed summary judgment, ruling that transporting a child from their apartment door to a school bus constitutes a mandatory transportation service under federal law.

Civil Civil Rights - Education Summary Judgment
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Sep 3 2024
2nd Cir. 23-1342 Panel Decision

In re Terrorist Attacks on September 11, 2001 In the United States Court of Appeals For the Second Circuit

The Second Circuit dismissed the Republic of Sudan's interlocutory appeal, holding that the Foreign Sovereign Immunities Act's state-sponsored terrorism exception bars immediate appeals under the collateral-order doctrine. Sudan must now await a final judgment in the district court before challenging its immunity status.

Appellate Jurisdiction Civil Insurance
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Sep 3 2024
2nd Cir. 23-1300 Panel Decision

In re Terrorist Attacks on September 11, 2001

The Second Circuit dismissed the Republic of Sudan's interlocutory appeal, holding that the Foreign Sovereign Immunities Act's state-sponsored terrorism exception bars immediate appeals under the collateral-order doctrine. Sudan must wait for a final judgment in the underlying litigation before it can challenge the district court's denial of sovereign immunity.

Appellate Jurisdiction Civil Insurance
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Sep 3 2024
2nd Cir. 23-1299 Panel Decision

In re Terrorist Attacks on September 11, 2001

The Second Circuit dismissed the Republic of Sudan's interlocutory appeal, ruling that the Foreign Sovereign Immunities Act's state-sponsored terrorism exception bars immediate appeals under the collateral-order doctrine. Because the district court did not certify the order for immediate appeal under 28 U.S.C. § 1292(b), the appellate court lacks jurisdiction to review the immunity denial until the underlying litigation concludes.

Appellate Jurisdiction Civil Insurance
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Sep 3 2024
2nd Cir. 23-1318 Panel Decision

In re Terrorist Attacks on September 11, 2001

The Second Circuit held that the Foreign Sovereign Immunities Act's appellate bar eliminates all interlocutory appeals under the collateral-order doctrine for actions brought under the state-sponsored terrorism exception. Consequently, the Republic of Sudan's immediate appeal challenging immunity denials was dismissed because the district court failed to certify the order for immediate review.

Appellate Jurisdiction Civil Insurance
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Aug 29 2024
9th Cir. 23-835 Published

OSWALDO FAVIO DOMINGUEZ OJEDA v. MERRICK B. GARLAND, Attorney General

The Ninth Circuit held that an immigration judge committed legal error by refusing to consider new evidence based on the mistaken belief that he lacked the discretion to do so. The court remanded the case, instructing the immigration judge to exercise discretion before rejecting the petitioner's additional evidence regarding his fear of persecution.

Civil Immigration (Civil)
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Aug 26 2024
9th Cir. 21-1325 Published

Zohaib Zia v. Merrick B. Garland, Attorney General

The Ninth Circuit clarified that while it lacks jurisdiction to review adverse credibility findings in good faith marriage waiver cases, it retains limited authority to review the ultimate good faith determination as a mixed question of law and fact. Applying this deferential standard, the court affirmed the denial of Zia's waiver petition because his testimony lacked weight and the remaining evidence did not compel reversal of the Board of Immigration Appeals' decision.

Civil Immigration (Civil)
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