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Civil

Every decision we've filed under Civil.

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Criminal 1440 Summary Judgment 563 Sentencing Guidelines 508 Civil Rights - Section 1983 469 Immigration (Civil) 416 Constitutional 399 Supervised Release 346 Drug Trafficking 317 Firearms 244 Civil Rights - Employment 242 Intellectual Property 184 Qualified Immunity 181
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 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...

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. 1:20-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...

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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Feb 20 2024
9th Cir. 23-137 Published

NATIONAL LABOR RELATIONS BOARD v. VALLEY HEALTH SYSTEM, LLC DBA DESERT SPRINGS HOSPITAL MEDICAL CENTER; VALLEY HOSPITAL MEDICAL CENTER, INC. DBA VALLEY HOSPITAL MEDICAL CENTER

The Ninth Circuit enforced the National Labor Relations Board's order finding that hospitals committed an unfair labor practice by unilaterally stopping union dues checkoff after their collective bargaining agreements expired. The court ruled that the Taft-Hartley Act does not require specific revocability language to be written into employee authorization forms for the deduction to remain valid.

Civil Labor
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Feb 20 2024
9th Cir. 22-1804 Published

Valley Hospital Medical Center, Inc. v. National Labor Relations Board

The Ninth Circuit enforced the National Labor Relations Board's amended order finding that Valley Hospital committed an unfair labor practice by unilaterally ceasing union dues checkoff after a collective bargaining agreement expired. The court held that the Board was not bound by its prior decision and could change its interpretation of the National Labor Relations Act provided it offered a reasoned explanation for the shift.

Civil Labor
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