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Jun 28 2024
9th Cir. 23-204 Published

GILBERTO AZAEL LEON PEREZ v. MERRICK B. GARLAND, Attorney General

The Ninth Circuit denied a petition for review, holding that a Nevada conviction for attempted lewdness with a child under 14 constitutes an aggravated felony of attempted sexual abuse of a minor. The court reaffirmed that its precedent defining the generic elements of this crime remains consistent with the Supreme Court's narrow ruling in Esquivel-Quintana.

Civil Immigration (Civil)
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Jun 26 2024
United States Court… 24-7028 Panel Decision

Qtaish v. Washington D.C.

The D.C. Circuit affirmed the district court's dismissal of Inez Qtaish's complaint for failing to meet federal pleading standards. The court held that the complaint lacked the required short and plain statement necessary to provide fair notice of the claim and its grounds.

Administrative / Agency Review Civil
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Jun 26 2024
United States Court… 24-5025 Panel Decision

Crum v. United States

The D.C. Circuit dismissed a petition for a writ of mandamus, holding that the All Writs Act does not grant jurisdiction to intervene in a closed case where the appellate court lacks authority to review the underlying state court decisions. The court further affirmed the district court's denial of leave to file new documents, ruling that the lower court did not abuse its discretion in managing its docket.

Administrative / Agency Review Civil
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Jun 25 2024
9th Cir. 22-704 Published

GERSON EDUARDO ALFARO MANZANO v. MERRICK B. GARLAND, Attorney General Nos. 22-704 22-1521

The Ninth Circuit held that an asylum seeker's Jehovah's Witness faith was one central reason for his persecution by Salvadoran gangs, even though the gangs also sought to extort money from him. The court clarified that a protected ground need not be the sole motive to qualify for asylum if it would independently cause the harm.

Civil Immigration (Civil)
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Jun 21 2024
United States Court… 23-1044 Panel Decision

JOHN DOE v. SECURITIES AND EXCHANGE COMMISSION

The D.C. Circuit affirmed the SEC's denial of a whistleblower award to an attorney who reported his own client, holding that the disclosure was not reasonably necessary to serve the client's interests. The court reasoned that because the attorney suspected wrongdoing and intended for the tip to trigger an investigation against his client, the disclosure failed the regulatory requirement that such reports be permitted by applicable state bar rules.

Civil Immigration (Civil) Securities
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Jun 17 2024
9th Cir. 23-459 Published

Tania Lizeth Gonzalez-Lara v. Merrick B. Garland, Attorney General

The Ninth Circuit held that while the Board of Immigration Appeals erred by refusing to remand a case for voluntary departure eligibility following a change in law, the error was harmless because the petitioner failed to prove she met all statutory requirements. The court affirmed the denial of asylum and withholding of removal, finding substantial evidence supported the conclusion that the petitioner's fear of gang violence was speculative.

Civil Immigration (Civil)
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Jun 14 2024
United States Court… 22-3068 Panel Decision

United States v. Lutamila

The D.C. Circuit affirmed a below-guidelines sentence for bank fraud, holding that the defendant forfeited his challenge to the loss calculation by failing to object when the district court confirmed the guideline range. The court found no plain error in calculating loss as the total amount stolen rather than the net amount remaining after recovery.

Criminal Fraud Guidelines Departure Sentencing Guidelines
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Jun 14 2024
United States Court… 22-5328 Panel Decision

ATTORNEY GENERAL OF THE UNITED STATES v. STEPHEN A. WYNN

The D.C. Circuit affirmed the dismissal of the government's suit to compel registration under the Foreign Agents Registration Act because the alleged agent ceased his activities years before the lawsuit was filed. The court held that FARA registration obligations are prospective and expire when an individual stops acting on behalf of a foreign principal.

Criminal Other Criminal Standing
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Jun 13 2024
9th Cir. 6:21-cr-00004- Published

UNITED STATES OF AMERICA v. JOHN RUSSELL HOWALD

The Ninth Circuit affirmed John Howald's convictions for a federal hate crime and firearm discharge, rejecting his constitutional challenges to the statute's Commerce Clause reach. The court further held that an attempt to kill under the Hate Crimes Prevention Act constitutes a crime of violence, satisfying the elements required for the firearm enhancement.

Criminal Drug Trafficking Firearms
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Jun 11 2024
9th Cir. 5:18-cr-00258- Published

UNITED STATES OF AMERICA v. ELIZABETH A. HOLMES

The Ninth Circuit affirmed the fraud convictions and sentences of Elizabeth Holmes and Sunny Balwani, ruling that while some lay witness testimony improperly encroached on expert testimony under Rule 702, any error was harmless. The court further rejected arguments regarding the admissibility of a CMS report and other evidentiary challenges, finding no reversible error in the district court's decisions.

Criminal Drug Trafficking
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