Weekly case summaries from the U.S. 9th Circuit Court of Appeals and related news, from FindLaw.com.
View this email in your browser
U.S. Ninth Circuit
Digest for Week of May 10th, 2016

U.S. 9th Circuit Case Summaries and Blog Posts

Case Summaries:
Blog Posts:

U.S. 9th Circuit Case Summaries


Garcia v. Lynch

May 9, 2016
Immigration Law
(United States Ninth Circuit) - In a petition for review of a Board of Immigration Appeals (BIA) final order of removal, contending the BIA abused its discretion not only by requiring strict adherence to the demands of Matter of Lozada, 19 I&N Dec. 637 (BIA 1988), but also by failing to equitably toll the time, the petition is: 1) dismissed in part for want of jurisdiction; and 2) denied in part as to the remaining unpersuasive claims.
Keep Reading


Kirkland v. Rund

May 9, 2016
Bankruptcy Law, Dispute Resolution & Arbitration
(United States Ninth Circuit) - In an bankruptcy case, the district court's decision affirming the bankruptcy court's denial of a motion to compel arbitration in a bankruptcy trustee's adversary proceeding seeking avoidance of fraudulent transfers, is affirmed where: 1) the bankruptcy trustee's fraudulent conveyance, subordination, and disallowance causes of action were core proceedings, thereby giving the bankruptcy court discretion to weigh the competing bankruptcy and arbitration interests at stake; and 2) the bankruptcy court properly determined that the arbitration provisions at issue conflicted with the Bankruptcy Code purposes of having bankruptcy law issues decided by bankruptcy courts, of centralizing resolution of bankruptcy disputes, and of protecting parties from piecemeal litigation.
Keep Reading


Gimenez v. Ochoa

May 9, 2016
Habeas Corpus, Criminal Law & Procedure
(United States Ninth Circuit) - In a second petition action for writ of habeas corpus relief from conviction of second degree murder of petitioner's infant daughter, based on the prosecution’s theory that his daughter was a victim of shaken baby syndrome, the district court's denial of petition is affirmed where: 1) the ineffective assistance of counsel claim, which concerns errors primarily related to the use of expert testimony, is barred as successive because his arguments don't present a claim for relief that is distinct from the claim raised in his first petition; and 2) petitioner can't obtain relief under 28 U.S.C. section 2244(b)(2)(B)(ii) on the theory that the prosecution introduced false testimony by incorrectly interpreting key hospital records in violation of his due process rights, because petitioner simply presents a battle between experts who have different opinions about how his daughter died.
Keep Reading


US v. Vega-Ortiz

May 6, 2016
Criminal Law & Procedure
(United States Ninth Circuit) - District court's denial of defendant's motion to dismiss an information charging him with being found in the U.S. after removal, in violation of 8 U.S.C. section 1326, is affirmed where the denial was proper because his conviction under California Health & Safety Code section 11378 constituted an aggravated felony.
Keep Reading


US v. Vega-Ortiz

May 6, 2016
Criminal Law & Procedure
(United States Ninth Circuit) - District court's denial of defendant's motion to dismiss an information charging him with being found in the U.S. after removal, in violation of 8 U.S.C. section 1326, is affirmed where the denial was proper because his conviction under California Health & Safety Code section 11378 constituted an aggravated felony.
Keep Reading


US v. Lee

May 6, 2016
Sentencing, Criminal Law & Procedure
(United States Ninth Circuit) - Sentence for conviction of distributing crack cocaine is vacated and remanded for resentencing where neither the defendant's conviction under Calif. Penal Code section 243.1 nor his conviction under section 69 was for a "crime of violence" as defined by the residual clause of the career offender guideline, U.S.S.G. section 4B1.2(a)(2).
Keep Reading


Trueblood v. Washington State Dep't of Social and Health Servs.

May 6, 2016
Health Law, Constitutional Law
(United States Ninth Circuit) - In a case addressing defendant's competency evaluations and mental health restoration services that follow a determination of incompetency to stand trial, the District Court's injunction, that the Due Process Clause of the Fourteenth Amendment requires that services for both categories must be provided within seven days of a court order, absent an individualized determination of clinical good cause, is vacated where although defendant must conduct competency evaluations within a reasonable time following a court's order, the seven-day mandate imposes a temporal obligation beyond what the Constitution requires.
Keep Reading


Rishor v. Ferguson

May 6, 2016
Habeas Corpus, Criminal Law & Procedure
(United States Ninth Circuit) - Grant of habeas corpus relief from second degree assault is reversed where: 1) a motion pursuant to Fed. R. Civ. P. 59(e) that raises entirely new claims should be construed as a second or successive habeas petition subject to AEDPA's restrictions; and 2) a Rule 59(e) motion raises a "new claim" when it seeks to add a ground for relief not articulated in the original federal habeas petition, presents newly discovered evidence, or seeks relief based on a subsequent change in the law
Keep Reading


Allen v. Boeing Co.

May 5, 2016
Property Law & Real Estate, Civil Procedure, Water Law, Class Actions, Environmental Law
(United States Ninth Circuit) - In case in which plaintiffs alleged that aerospace manufacturer-defendant released toxins into the groundwater around its facility in Auburn, Washington and that co-defendant was negligent in the investigation and remediation of the pollution, the district court's order remanding to state court, pursuant to the Class Action Fairness Act's (CAFA) local controversy exception, is affirmed where plaintiffs, who are 108 individuals who have property near the defendant's facility, adequately pled both that they were seeking 'significant relief' from co-defendant,and that co-defendant's alleged conduct formed a 'significant basis' for their claims, as required by CAFA's local controversy exception, 28 U.S.C. section 1332(d)(4)(A)(i).
Keep Reading


Ministerio Roca Solida v. McKelvey

May 5, 2016
Property Law & Real Estate, Civil Rights
(United States Ninth Circuit) - In an action brought under Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971), by a non-profit religious organization that runs a church camp on a parcel of land in Nye County, Nevada seeking an injunction against a US Fish and Wildlife Service officer for the allegedly unconstitutional diversion of a stream that once flowed through plaintiff's church camp property, the District Court's denial of defendants' motion to dismiss is reversed where relief under Bivens does not encompass injunctive and declaratory relief where the equitable relief sought requires official government action.
Keep Reading


Teng v. Dist. Director, US Citizenship and Immigration Servs.

May 4, 2016
Civil Procedure, Immigration Law, Administrative Law
(United States Ninth Circuit) - In a petition to require the United States Citizenship and Immigration Service to amend her date of birth on her naturalization certificate, which was issued in 1974 by the Immigration and Naturalization Service, the District Court's dismissal for lack of subject matter jurisdiction is affirmed where federal courts lack subject matter jurisdiction under the Immigration Act of 1990 to modify naturalization certificates issued by an administrative agency.
Keep Reading


US v. Ornelas

May 4, 2016
Sentencing, Criminal Law & Procedure
(United States Ninth Circuit) - In an appeal of sentence imposed in absentia, in a case in which the defendant disappeared and lost contact with his lawyer after he signed a plea agreement and entered a guilty plea to conspiracy to distribute methamphetamine, the appeal is dismissed where the sentence imposed by the district court was not unlawful, and thus, the valid appeal waiver contained in the defendant's plea agreement was properly applied.
Keep Reading


U.S. 9th Circuit Blog Posts


9th Cir. Tosses Week-Long Window for Competency Determinations

Casey C. Sullivan, Esq.
May 9, 2016
When a person's competency to stand trial for a crime is in question in Washington State, state law requires the state Department of Social and Health Services to evaluate them within seven to 21 days. Because of staffing, budgeting,...
Keep Reading


9th Cir. Upholds Law Behind Sheriff Arpaio's Workplace Raids

Casey C. Sullivan, Esq.
May 6, 2016
Arizona's identity theft laws are not facially preempted by federal immigration law, the Ninth Circuit ruled on Monday. The state's identity theft laws prohibit the use of a false identity to obtain employment. The laws had been used by...
Keep Reading


9th Circuit Affirms Life Sentence Despite 'Reclassification'

Jonathan R. Tung, Esq.
May 2, 2016
A state's post-conviction reclassification of a crime from a felony to misdemeanor has no bearing on a federal statute's sentencing guidelines, the Ninth Circuit said recently. Even though a criminal might get relief from his felony status years after the...
Keep Reading


Free Speech on College Campus Addressed in 9th Cir. Ruling

Jonathan R. Tung, Esq.
April 21, 2016
Controversy has been rumbling at Fresno State since 2010 when conservative student Neil O'Brien started a chapter of Young Americans for Liberty at the school and allegedly began "harassing" professors in the Latin American Studies department there. Last week, the...
Keep Reading


Courts Can't Forcibly Medicate to Make a Defendant Stand Trial

Jonathan R. Tung, Esq.
April 20, 2016
Can the court force criminal defendants to take medication to make them competent to stand trial? Apparently, no. At least, not in the Ninth Circuit in this particular case. The Ninth Circuit ruled that a lower district judge should not...
Keep Reading


If no blog posts appear in this area, there are no new blog posts this week.
Facebook
Twitter
Google Plus
LinkedIn
Website
Like what you see?  Refer a Friend.
Copyright © 2016 FindLaw, part of Thomson Reuters. All rights reserved.
You are receiving this mailing because you subscribed as <<Email Address>> to receive newsletters on FindLaw.com.

FindLaw's case summaries are copyrighted material and are not intended for republication without prior approval. You may, however, freely redistribute this email in its entirety.

Questions or concerns about our Newsletter layout or content? Contact us!

Our mailing address is:
FindLaw, part of Thomson Reuters
800 West California Avenue 2nd Floor
Sunnyvale, CA 94086

Add us to your address book

Unsubscribe from this newsletter    Unsubscribe from all FindLaw newsletters