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Sep 3 2024
2nd Cir. 23-1294 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 foreign states from using the collateral-order doctrine to bypass final judgment requirements. Consequently, Sudan must wait for a final district court judgment before challenging immunity rulings under non-§ 1605A exceptions.

Appellate Jurisdiction Civil Insurance
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Sep 3 2024
United States Court… 22-1271 Panel Decision

United States Sugar Corporation v. Environmental Protection Agency

The D.C. Circuit held that the EPA violated the Clean Air Act by classifying industrial boilers built before 2020 as new sources, contradicting the statute's explicit temporal definitions. Consequently, the court granted petitions from industry groups challenging this classification while denying environmental groups' challenges to the agency's data selection.

Civil Immigration (Civil)
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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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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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