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Apr 19 2024
2nd Cir. 22-2895-pr Panel Decision

JOE BALTAS v. DAVID MAIGA, In his Individual and Official Capacities, ROLLIN COOK, In his Individual and Official Capacities, ANGEL QUIROS In his Individual and Official Capacit...: JOE BALTAS v. DAVID MAIGA, In his Individual and Official Capacities, ROLLIN COOK, In his Individual and Official Capacities, ANGEL QUIROS In his Individual and Official Capacit…

The Second Circuit held that periodic reviews of a Connecticut prisoner's administrative segregation status satisfied due process even while he was incarcerated in Virginia. However, the court found a genuine dispute of material fact regarding whether Virginia Department of Corrections administrative remedies were available to the plaintiff, rendering summary judgment on his First, Sixth, and Eighth Amendment claims inappropriate.

Civil Rights - PLRA / Prisoner Civil Rights - Section 1983 Criminal Prison Offenses
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Mar 22 2024
9th Cir. 22-211 Published

AJAY PAL SINGH v. MERRICK B. GARLAND, Attorney General

The Ninth Circuit held that the Board of Immigration Appeals erred by failing to apply the presumption of past persecution and shifting the burden to the government regarding internal relocation for an asylum seeker from India. The court remanded the case for a reasoned, individualized analysis of whether the petitioner could safely relocate within India given his continued political advocacy, while affirming the denial of Convention Against Torture relief.

Civil Immigration (Civil)
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Mar 19 2024
9th Cir. 22-970 Published

SILVIA TAPIA CORIA v. MERRICK B. GARLAND, Attorney General

The Ninth Circuit dismissed a petition for review of a denial of motions for remand and administrative closure, holding that the criminal alien bar precludes judicial review of factual challenges to removal orders for aliens with covered convictions. The court ruled that the Supreme Court's decision in Nasrallah v. Barr abrogates the Ninth Circuit's prior 'on the merits' exception, which previously allowed review of factual findings when relief was denied on grounds other than the conviction itself.

Civil Immigration (Civil)
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Mar 12 2024
2nd Cir. 22-1426-cr Panel Decision

UNITED STATES OF AMERICA v. GHISLAINE MAXWELL

The Second Circuit affirmed Ghislaine Maxwell's conviction and sentence for sex trafficking and related offenses involving minors. The court rejected Maxwell's arguments that a prior non-prosecution agreement barred her prosecution, that the indictment was untimely, and that jury misconduct or improper instructions warranted a new trial.

Criminal Fifth Amendment - Double Jeopardy Sentencing Guidelines Sex Offenses
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Mar 6 2024
9th Cir. 3:21-cv-01718- Published

B & L PRODUCTIONS, INC., DBA Crossroads of the West; BARRY BARDACK; RONALD J. DIAZ, Sr.; JOHN DUPREE; CHRISTOPHER IRICK; ROBERT SOLIS; LAWRENCE MICHAEL WALSH; CAPTAIN JON’S LOCK...: B & L PRODUCTIONS, INC., DBA Crossroads of the West; BARRY BARDACK; RONALD J. DIAZ, Sr.; JOHN DUPREE; CHRISTOPHER IRICK; ROBERT SOLIS; LAWRENCE MICHAEL WALSH; CAPTAIN JON’S LOCK…

The Ninth Circuit affirmed the dismissal of a challenge to California statutes banning firearm sales on state property, ruling that the laws regulate nonexpressive conduct and do not violate the First or Second Amendments. In a related consolidated appeal, the court vacated a preliminary injunction, finding the plaintiffs failed to demonstrate a likelihood of success on their constitutional claims.

Civil Securities
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Feb 29 2024
9th Cir. 6:23-cv-01624- Per Curiam

Linthicum v. Wagner

The Ninth Circuit affirmed the denial of a preliminary injunction, holding that legislators' walkouts to deny a quorum are official acts protected by Nevada Commission on Ethics v. Carrigan rather than personal speech under the First Amendment. Consequently, the Senators could not claim retaliation for absences incurred during their protest, meaning Oregon's constitutional disqualification provision applies without violating free speech rights.

Civil Civil Rights - Employment
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Feb 24 2024
9th Cir. 1:24-cv-00066- Published

THOMAS EUGENE CREECH v. IDAHO COMMISSION OF PARDONS AND PAROLE and JAN M BENNETTS, Ada County Prosecuting Attorney

The Ninth Circuit affirmed the denial of a preliminary injunction, rejecting a death row inmate's due process claims regarding Idaho's commutation proceedings. The court held that the state's procedures satisfied constitutional minimums and that any alleged prosecutorial errors were harmless given the overwhelming evidence supporting the denial of clemency.

Civil Rights - Section 1983 Constitutional Habeas Corpus - General (28 USC 2241)
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Feb 24 2024
9th Cir. 1:20-cv-00114- Per Curiam

THOMAS E. CREECH v. JOSH TEWALT, Director, Idaho Department of Correction; TIM RICHARDSON, Warden, Idaho Maximum Security Institution; CHAD PAGE, Chief, Division of Prisons, Ida...: THOMAS E. CREECH v. JOSH TEWALT, Director, Idaho Department of Correction; TIM RICHARDSON, Warden, Idaho Maximum Security Institution; CHAD PAGE, Chief, Division of Prisons, Ida…

The Ninth Circuit affirmed the denial of preliminary injunctive relief to death row inmate Thomas Creech regarding his scheduled lethal injection. The court held that Creech failed to demonstrate a likelihood of success on his Due Process and Eighth Amendment claims because his arguments about drug provenance were speculative and he offered no viable alternative execution method.

Civil Civil Rights - PLRA / Prisoner Civil Rights - Section 1983
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