May 14 2024
United States Court… 23-5074 Panel Decision

MOHAMMED JIBRIL v. ALEJANDRO N. MAYORKAS

The D.C. Circuit affirmed the dismissal of the Jibril family's lawsuit, holding they lacked Article III standing to seek prospective injunctive relief. The court ruled that without evidence of current watchlist status or a substantial risk of future injury, the plaintiffs could not demonstrate the concrete injury required for judicial review.

Feb 24 2024
9th Cir. 1:24-cv-00066- Published

THOMAS EUGENE CREECH v. IDAHO COMMISSION OF PARDONS AND PAROLE and JAN M BENNETTS, Ada County Prosecuting Attorney

The Ninth Circuit affirmed the denial of a preliminary injunction, rejecting a death row inmate's due process claims regarding Idaho's commutation proceedings. The court held that the state's procedures satisfied constitutional minimums and that any alleged prosecutorial errors were harmless given the overwhelming evidence supporting the denial of clemency.

Sep 5 2023
9th Cir. 23-48 Published

CHUN MEI TONG v. UNITED STATES OF AMERICA

The Ninth Circuit held that dismissing a prisoner's first habeas motion because the claims were legally non-cognizable constitutes an adjudication on the merits, barring any later-filed motion on those same grounds as successive. However, the court transferred a claim of ineffective assistance of counsel regarding the first motion to the district court, as that specific claim could not have been raised previously.

Aug 11 2023
2nd Cir. 20-1666 Panel Decision

ABDERRAHMANE FARHANE v. UNITED STATES OF AMERICA

The Second Circuit affirmed the denial of Abderrahmane Farhane's habeas petition, holding that his counsel was not ineffective for failing to warn him about denaturalization risks. The court ruled that civil denaturalization is a collateral consequence of a guilty plea, meaning the Sixth Amendment does not require defense attorneys to advise on such immigration consequences.

Oct 31 2022
10th Cir. 4:23-CV-00181-JFH-CDL Panel Decision

Sitsler v. Harding

The United States Court of Appeals for the Tenth Circuit affirmed the dismissal of a habeas corpus petition filed by a state prisoner. The court held that the prisoner's original state post-conviction application was not properly filed because it lacked the required sworn statement from the applicant regarding facts within his personal knowledge.