Topic
Every decision we've filed under Civil.
The Ninth Circuit affirmed summary judgment for the Santa Clara County Superior Court, ruling that the plaintiff failed to prove disability discrimination under the ADA. The court further held that the plaintiff's remaining federal claims were barred by the Rooker-Feldman doctrine and Eleventh Amendment immunity.
The Ninth Circuit denied a petition for review of a Board of Immigration Appeals decision rejecting a time-barred motion to reopen removal proceedings. The court upheld the BIA's finding that the petitioner failed to demonstrate material changes in Guatemala's country conditions sufficient to trigger the statutory exception.
The Fifth Circuit dismissed a petition for review of a Board of Immigration Appeals decision because it was filed more than thirty days after the agency's ruling. The court held that the statutory time limit is a strict jurisdictional bar that deprives the appellate court of authority to hear untimely cases.
The Ninth Circuit affirmed summary judgment against state defendants in a Section 1983 suit, holding that states and their agencies are not 'persons' subject to suit under the federal statute. The court also upheld the district court's decision to remand state law claims against an individual defendant to state court while retaining jurisdiction over state claims against the state itself.
The Ninth Circuit vacated and remanded a district court order after intervening visa developments mooted the original delay claim. The appellate court directed the lower court to address new legal questions regarding administrative processing and a Presidential Proclamation refusal.
The Fifth Circuit affirmed the dismissal of Jason Stanford's lawsuit because he filed the action without obtaining prior leave of court as required by a valid vexatious litigant order. The court held that Federal Rule of Civil Procedure 41(b) permits sua sponte dismissal for such non-compliance and that Stanford could not relitigate the validity of the underlying order.
The Ninth Circuit denied a petition for review of a Board of Immigration Appeals decision that found a non-citizen ineligible for cancellation of removal due to violating a protection order. The court held that the categorical approach does not apply to such violations and affirmed that a police report reliably established the offense.
The Ninth Circuit dismissed Nguyen's appeal because the district court's denial of a temporary restraining order is not immediately appealable under federal law. The panel held that the lower court's ruling did not meet the high standard of being tantamount to a preliminary injunction denial.
The Fifth Circuit vacated a preliminary injunction against Texas's Senate Bill 4, ruling that the plaintiffs lacked standing to challenge the law.
The Ninth Circuit denied a petition for review of a Board of Immigration Appeals decision rejecting an asylum claim based on the petitioner's status as a witness to crime or family member of a victim. The court held that the record failed to show Salvadoran society recognizes these categories as socially distinct particular social groups under controlling precedent.