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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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Aug 19 2024
9th Cir. 3:21-cr-00019- Published

UNITED STATES OF AMERICA v. GAIL MANNEY

The Ninth Circuit affirmed Gail Manney's conviction for making false statements on a federal firearm purchase form, ruling that the Second Amendment does not protect the act of lying to a dealer. The court further held that such misrepresentations are legally material regardless of whether the actual purchaser is legally eligible to own a gun.

Criminal Firearms
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Aug 16 2024
9th Cir. 5:22-cv-08861- Published

NETCHOICE, LLC, doing business as NetChoice v. ROB BONTA, Attorney General Of The State Of California

The Ninth Circuit affirmed a preliminary injunction blocking California's requirement that online businesses opine on and mitigate risks of children viewing harmful content, ruling it likely violates the First Amendment by compelling speech. However, the court vacated the broader injunction covering other provisions because the record was insufficient to determine if those sections are facially unconstitutional or severable from the invalid mandate.

Civil Civil Rights - Voting
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Aug 16 2024
United States Court… 23-7031 Panel Decision

NEXTERA ENERGY GLOBAL HOLDINGS B.V. AND NEXTERA ENERGY SPAIN HOLDINGS B.V v. KINGDOM OF SPAIN

The D.C. Circuit held that U.S. district courts have jurisdiction under the Foreign Sovereign Immunities Act to confirm arbitration awards against Spain, even as Spain argued EU law voided the underlying arbitration agreements. However, the court reversed the lower court's decision to enjoin Spain from seeking anti-suit relief in European courts, citing the sensitive nature of imposing such orders on a foreign sovereign.

Civil Civil Rights - Voting
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Aug 15 2024
9th Cir. 22-1910 Published

CLAUDE STEPHEN BENT v. MERRICK B. GARLAND, Attorney General

The Ninth Circuit granted a petition for review and remanded to the Board of Immigration Appeals because the agency mischaracterized a California statute and misapplied equitable tolling standards. The court held that the state court vacated the petitioner's conviction due to a constitutional plea defect, not solely to mitigate immigration consequences.

Civil Immigration (Civil) Sixth Amendment - Ineffective Assistance of Counsel
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Aug 15 2024
9th Cir. 2:23-cv-04223- Published

TAHAWWUR HUSSAIN RANA v. W.Z. JENKINS II

The Ninth Circuit affirmed the denial of Tahawwur Hussain Rana's habeas petition challenging his extradition to India. The court held that the extradition treaty's double jeopardy exception applies to charged crimes with distinct elements, not underlying acts, allowing extradition despite Rana's prior U.S. acquittal.

Compassionate Release Constitutional Fifth Amendment - Double Jeopardy Habeas Corpus - General (28 USC 2241)
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Aug 9 2024
United States Court… 22-7129 Panel Decision

Oyoma Asinor and Bryan Dozier v. District of Columbia, et al.

The D.C. Circuit held that the Fourth Amendment requires the continued retention of personal property seized incident to a lawful arrest to remain reasonable, even after the arrestee has been released. The court reversed the district court's dismissal of claims alleging that the District of Columbia unreasonably retained plaintiffs' property for months or years without justification.

Criminal Drug Trafficking
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