9th Circuit Court of Appeals (32 summaries)
United States v. Vidal-Mendoza
Under 8 U.S.C. 搂 1326(d), where an alien lacks 鈥渁pparent eligibility for relief [] at the time of his removal hearing and potentially [becomes] eligible for such relief only through [a] post-removal change law,鈥 the alien may not collaterally attack the removal order on the basis that the IJ failed to inform him of eligibility for such relief.
Area(s) of Law:- Immigration
Henderson v. Johnson
Where a habeas petition contains both exhausted and unexhausted state habeas claims, a district court should dismiss the petition with leave to amend. If requested, a district court should also consider the petitioner鈥檚 eligibility for a stay of the whole petition or unexhausted claims.
Area(s) of Law:- Habeas Corpus
Hall v. City of Los Angeles
Where a plaintiff is convicted of a murder he did not commit, solely on the basis of a coerced confession, and serves nineteen years in prison, but fails to include an explicit Fifth Amendment claim despite alleging sufficient facts to support such a claim, it is manifestly unjust to deny leave to amend the complaint.
Area(s) of Law:- Civil Rights 搂 1983
United States v. Mattix
Under United States v. Valverde , 18 U.S.C. 搂 2250(a) applies retroactively to a sex offender who fails to register after August 1, 2008.
Area(s) of Law:- Criminal Law
Cook Inlet Region v. Rude
Under 28 U.S.C. 搂 1331, federal district court courts have federal question jurisdiction over non-frivolous claims arising under the Alaska Native Claims Settlement Act ("ANCSA"), even where the ANCSA incorporates state law.
Area(s) of Law:- Indian Law
United States v. Pineda-Moreno
Evidence is not subject to the exclusionary rule when government agents act in objectively reasonable reliance on then-binding precedent regarding the method used to obtain the evidence.
Area(s) of Law:- Criminal Procedure
California Communities Against Toxics v. EPA
Vacatur of an invalid EPA rule during the pendency of remand is not appropriate where the vacatur would defeat the purpose of the Act under which the rule was made and the economic outcome would be disastrous.
Area(s) of Law:- Administrative Law
Renfro v. The Funky Door
A disability insurance plan administrator does not abuse its discretion when (1) it does not have a conflict of interest and (2) the plain language of the plan supports its decision.
Area(s) of Law:- Administrative Law
Garcia v. Thomas
Under the Convention Against Torture and the Due Process Clause, an extraditee has the right to a determination by the Secretary of State that it is 鈥渘ot more likely than not that the extraditee will face torture.鈥 In a habeas corpus proceeding, a court must find that right fully vindicated if the court receives a properly executed declaration from the Secretary of State 鈥渢hat she has complied with her obligations.鈥
Area(s) of Law:- Habeas Corpus
Leavitt v. Arave
Under Federal Rule of Civil Procedure 60(b), a defendant is not entitled to (1) relief for ineffective assistance of counsel, where counsel made a strategic choice to not call an expert witness, or (2) an order to compel a law enforcement agency to conduct forensic testing on evidence, where the defendant has not explained how the testing would support his claim of ineffective assistance of counsel.
Area(s) of Law:- Civil Procedure
Thompson v. Lea
Under the Antiterrorism and Effective Death Penalty Act, where a state supreme court reopens direct review such that a prisoner鈥檚 conviction is 鈥渁gain capable of modification through direct appeal,鈥 the statute of limitations for the prisoner to file a habeas corpus petition does not begin to run until 90 days after termination of the state supreme court review.
Area(s) of Law:- Habeas Corpus
United States v. Harris
A judge who did not preside over a trial abuses her discretion to proceed with sentencing when that judge is only familiar with the Presentence Investigation Report, and the trial judge鈥檚 absence is due to turmoil arising from the shooting of another judge.
Area(s) of Law:- Criminal Procedure
Rivas v. Napolitano
Under the Mandamus Act and 22 C.F.R. 搂 42.81(e), a federal court has subject matter jurisdiction to review a consular refusal to reconsider an application for an immigrant visa when the request was properly submitted and included evidence that tended to disprove the grounds for refusal.
Area(s) of Law:- Appellate Procedure
United States v. Apel
Under 18 U.S.C. 搂 1382, a defendant cannot be convicted of trespass to an area where the federal government has granted an easement for a public roadway such that the federal government no longer has an exclusive right of possession over the area.
Area(s) of Law:- Criminal Law
Bagdasarian Productions v. Twentieth Century Fox
An appellate court does not have jurisdiction where a district court has 鈥渆ntered a stay, pending [a California Code of Civil Procedure 搂] 638 reference,鈥 so long as (1) the opposing party will not be 鈥減ut out of court鈥 and (2) the 鈥渃ollateral order doctrine鈥 does not apply.
Area(s) of Law:- Alternative Dispute Resolution
United States v. Del Toro-Barboza
Under U.S.S.G. 搂 2S1.3(a)(2), no showing of 鈥渓oss to the public鈥 is necessary to justify a sentencing enhancement when the underlying offense is a violation of 31 U.S.C. 搂搂 5332 or 5324.
Area(s) of Law:- Sentencing
United States v. King
Where a condition of a defendant鈥檚 probation allows for a warrantless search at 鈥渁ny time of the day or night, with or without probable cause,鈥 police may lawfully execute a warrantless search even if they do not have 鈥渞easonable suspicion.鈥
Area(s) of Law:- Criminal Procedure
Skilstaf v. CVS Caremark Corp.
A class member is precluded from filing a second class action suit when the member was (1) a party to a prior settlement agreement containing an applicable covenant not sue, and (2) the class member had full notice and an opportunity to object or withdraw from the prior settlement agreement.
Area(s) of Law:- Civil Procedure
United States v. Gonzalez
Communications under an implied joint defense agreement are protected by attorney client privilege but the agreement may be terminated by the conduct of the parties.
Area(s) of Law:- Criminal Procedure
United States v. Arango
For purposes of venue under 8 U.S.C. 搂 1451, there is 鈥渁 rebuttable presumption that an incarcerated individual retains residence in the judicial district where he lived prior to incarceration.鈥
Area(s) of Law:- Immigration
United States v. Rodriguez-Ocampo
鈥淎n order of removal that provided the alien with no opportunity for judicial review and cannot support a prosecution under 8 U.S.C. 搂 1326, or a reinstatement of such an order, cannot support a sentencing enhancement under U.S.S.G. 搂 2L1.2(b).鈥
Area(s) of Law:- Immigration
Gonzalez v. Wong
When considering new evidence in the habeas corpus claim of a state prisoner under the Antiterrorism and Effective Death Penalty Act, a district court may stay proceedings to allow the defendant to present that evidence to the state court.
Area(s) of Law:- Habeas Corpus
Albano v. Shea Holmes
Certified questions of state law ruled upon by the Arizona Supreme Court are applied both retroactively and prospectively.
Area(s) of Law:- Civil Procedure
United States v. Newman
Under 18 U.S.C. 搂 982(a)(2) and 28 U.S.C. 搂 2461(c), where the government proves the elements required for a judgment of criminal forfeiture, the district court must enter a judgment for criminal forfeiture in the amount of the proceeds of the crime; the district court does not have discretion to reduce or eliminate the judgment.
Area(s) of Law:- Criminal Law
Mattos v. Agarano
Police are entitled to qualified immunity for claims of use of excessive force involving tasers, when not all reasonable police officials would find the particular set of circumstances a use of excessive force.
Area(s) of Law:- Criminal Procedure
Stokley v. Ryan
Under 28 U.S.C. 搂 2254, where a criminal defendant has failed to make a colorable claim of ineffectiveness of counsel, the defendant is not entitled to a new evidentiary hearing in federal court regardless of whether the defendant has exhausted state court appeals.
Area(s) of Law:- Habeas Corpus
Sherman v. Securities and Exchange Commission
鈥11 U.S.C. 搂 523(a)(19) prevents the discharge of debts for securities-related wrongdoings only in cases where the debtor is responsible for that wrongdoing. Debtors who may have received funds derived from a securities violation remain entitled to a complete discharge of any resulting disgorgement order.鈥
Area(s) of Law:- Bankruptcy Law
Cervantes v. Countrywide Home Loans
In order to state a claim for the use of MERS under the Truth in Lending Act 15 U.S.C. 搂 1601, a plaintiff must allege that detrimental reliance upon misrepresentations about the Mortgage Electronic Registration System (鈥淢ERS鈥) caused damages to the plaintiff.
Area(s) of Law:- Contract Law
Young v. County of Los Angeles
Under the Fourth Amendment unreasonable seizure clause, use of pepper spray and baton blows constitutes excessive force when the severity of the crime is low, there is no threat of violence, there is no resistance to arrest, and there are other less invasive means to accomplish police interests.
Area(s) of Law:- Criminal Procedure
Ren v. Holder
Under the Real ID Act of 2005, an immigration judge鈥檚 adverse credibility determination must be supported by substantial evidence in light of the totality of the circumstances. Additionally, when corroborative evidence is required by an immigration judge under the Real ID Act the 鈥渁pplicant must be given notice of the corroboration required, and an opportunity to either provide that corroboration or explain why he cannot do so.鈥
Area(s) of Law:- Immigration
United States v. Aguila-Montes de Oca
The 鈥渕odified categorical approach鈥 to determine if the government can 鈥渦se prior state conviction to enhance certain federal sentences鈥 is applicable to both 鈥渄ivisible鈥 statutes and to statutes 鈥渕issing鈥 an element of the generic crime.
Area(s) of Law:- Criminal Procedure
TrafficSchool.com, Inc. v. Edriver, Inc.
In a claim under the Lanham Act, 鈥渨hen the plaintiff competes directly with defendant, a misrepresentation will give rise to a presumed commercial injury that is sufficient to establish standing.鈥
Area(s) of Law:- Corporations