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.

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.

Jun 4 2024
United States Court… 23-1239 Panel Decision

TRENTON PALMER v. FEDERAL AVIATION ADMINISTRATION, ADMINISTRATOR AND NATIONAL TRANSPORTATION SAFETY BOARD

The D.C. Circuit denied a petition for review of an NTSB order affirming a pilot's violation of federal aviation regulations for flying below minimum safe altitudes. The court rejected the pilot's arguments regarding alleged ALJ errors, insufficient notice in the complaint, and a request to overrule prior precedent on sanction deference.

Jun 3 2024
9th Cir. 22-954 Published

MARLON ALONZO SMITH v. MERRICK B. GARLAND, Attorney General

The Ninth Circuit denied Marlon Alonzo Smith's petition for review of the Board of Immigration Appeals' order denying Convention Against Torture relief and finding him removable. The court held that Smith failed to preserve his challenges to the authenticity of key government documents and found substantial evidence supported the denial of CAT protection.

Apr 24 2024
9th Cir. 22-1969 Published

NATIONAL LABOR RELATIONS BOARD v. SIREN RETAIL CORPORATION DBA STARBUCKS ---------------------------------------- WORKERS UNITED

The Ninth Circuit enforced the National Labor Relations Board's order requiring Starbucks to bargain with Workers United, rejecting the company's arguments regarding election procedures and court jurisdiction. The panel held that the Regional Director properly ordered a mail-ballot election during the pandemic and that the Board's order was final and reviewable despite severing a potential compensatory remedy.

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.

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.

Dec 28 2023
9th Cir. 21-411 Published

FILIBERTO ALCAREZ- RODRIGUEZ v. MERRICK B. GARLAND, Attorney General

The Ninth Circuit held that the Board of Immigration Appeals abused its discretion by denying a motion to remand without addressing evidence of unavailability due to homelessness or evaluating good cause under Matter of R-C-R-. The court remanded the case for the BIA to properly consider whether the petitioner established prima facie eligibility for asylum and related relief.