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The Ninth Circuit amended an opinion affirming the district court's judgment denying a habeas corpus petition where petitioner sought a custody redetermination as he awaited the outcome of administrative proceedings to determine whether he has a reasonable fear of returning to his native country of El Salvador. The panel held that reinstated removal orders were administratively final for detention purposes, and that the detention of aliens subject to reinstated removal orders was governed by 8 U.S.C. 1231(a), rather than section 1226(a). Therefore, petitioner was not entitled to a bond hearing. View "Padilla-Ramirez v. Bible" on Justia Law

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The Ninth Circuit amended an opinion granting a petition for review of the BIA's denial of asylum and withholding of removal to petitioner, a citizen of China, who sought relief based on his political opinion. The panel explained that there was no dispute that petitioner experienced past persecution at the hands of the local government. The appeal turned instead on whether the persecution he suffered was on account of an imputed or actual political opinion. The panel held that the evidence compelled a finding that petitioner was persecuted by Chinese authorities on account of an imputed or actual political opinion. View "Xinbing Song v. Sessions" on Justia Law

Posted in: Immigration Law

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Anyone who under the relevant statutes is considered a minor child of a legal permanent resident (LPR) on the date of the parent's naturalization (and who is the beneficiary of a valid petition for an immigrant visa based on that status) can obtain a visa as the minor child of a citizen following his parent's naturalization. In this case, the Ninth Circuit granted a petition for review of the BIA's decision rejecting petitioner's application for adjustment of status. The panel held that petitioner, a child of an LPR who was deemed by statute to be a minor child until the very day his father naturalized, still qualified as a minor on that day. The panel remanded to the BIA to find that petitioner had an immediately available visa as the immediate relative of a U.S. citizen and to conduct further proceedings regarding the other requirements for adjustment of status. View "Rodriguez Tovar v. Sessions" on Justia Law

Posted in: Immigration Law

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Anyone who under the relevant statutes is considered a minor child of a legal permanent resident (LPR) on the date of the parent's naturalization (and who is the beneficiary of a valid petition for an immigrant visa based on that status) can obtain a visa as the minor child of a citizen following his parent's naturalization. In this case, the Ninth Circuit granted a petition for review of the BIA's decision rejecting petitioner's application for adjustment of status. The panel held that petitioner, a child of an LPR who was deemed by statute to be a minor child until the very day his father naturalized, still qualified as a minor on that day. The panel remanded to the BIA to find that petitioner had an immediately available visa as the immediate relative of a U.S. citizen and to conduct further proceedings regarding the other requirements for adjustment of status. View "Rodriguez Tovar v. Sessions" on Justia Law

Posted in: Immigration Law

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The Ninth Circuit denied a petition for review of the BIA's denial of petitioners' claim for relief under the Convention Against Torture (CAT). The panel held that it had jurisdiction to review petitioners' administrative closure claim, because the Avetisyan factors, rooted in the regulatory grant of authority to IJs and the BIA, provided a sufficiently meaningful standard against which to review IJ and BIA decisions regarding administrative closure. The panel noted that, although remand would usually be appropriate where the IJ and BIA did not conduct an independent review of a request for administrative closure, petitioners here have not argued or shown how they were eligible for administrative closure under the Avetisyan factors. Furthermore, petitioners had no pending petitions or other requests for immigration relief that might make remand necessary. Finally, the panel held that substantial evidence supported the IJ and BIA's decision denying CAT relief. View "Gonzalez-Caraveo v. Sessions" on Justia Law

Posted in: Immigration Law

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The Ninth Circuit denied a petition for review of the BIA's denial of petitioners' claim for relief under the Convention Against Torture (CAT). The panel held that it had jurisdiction to review petitioners' administrative closure claim, because the Avetisyan factors, rooted in the regulatory grant of authority to IJs and the BIA, provided a sufficiently meaningful standard against which to review IJ and BIA decisions regarding administrative closure. The panel noted that, although remand would usually be appropriate where the IJ and BIA did not conduct an independent review of a request for administrative closure, petitioners here have not argued or shown how they were eligible for administrative closure under the Avetisyan factors. Furthermore, petitioners had no pending petitions or other requests for immigration relief that might make remand necessary. Finally, the panel held that substantial evidence supported the IJ and BIA's decision denying CAT relief. View "Gonzalez-Caraveo v. Sessions" on Justia Law

Posted in: Immigration Law

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The Ninth Circuit vacated the district court's grant of summary judgment for defendants in an action challenging plaintiffs' exclusion from an enforcement zone set up around a Border Patrol checkpoint area near their homes in rural Arizona. In this case, the district court entered summary judgment before any discovery had occurred. The panel held that the limited record before the district court did not permit the panel to conclude, as a matter of law, that the enforcement zone was a nonpublic forum or, if it was, that the government satisfied the requirements for excluding plaintiffs from that nonpublic forum. On remand, and after appropriate discovery, the panel noted that the district court will need to determine if there remain genuine issues of material fact regarding whether, and what part of, the enforcement zone was a public forum, and whether the government's exclusion policy was permissible under the principles of forum analysis. View "Jacobson v. USDHS" on Justia Law

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The Ninth Circuit affirmed the district court's judgment for EpiCept in an action brought by doctors, alleging claims for breach of contract, breach of the implied covenant of good faith and fair dealing, and fraud. The doctors' claims relate to two patents for a non-FDA approved drug (NP-2) and EpiCept's failure to develop those patents into FDA-approved drugs. The doctors' arguments mainly center on the jury's determination that the doctors materially breached their contract with EpiCept by failing to disclose that Dr. Flores treated burn patients with NP-2. The panel held that the district court did not abuse its discretion in formulating the jury instructions, or in determining that the jury's verdict was not against the clear weight of the evidence; neither the jury instructions given in this case nor the evidence presented at trial warrant the do-over the doctors demanded; the district court's response to the jury's question also did not merit a new trial because the jury's question was essentially factual and the district court's answer appropriately directed the jury to consider its original instructions and the evidence presented at trial; and because the panel affirmed the jury's finding that the doctors materially breached the contract, the district court's exclusion of the doctor's damages expert was necessarily harmless. View "Crowley v. EpiCept Corp." on Justia Law

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Younger v. Harris, 401 U.S. 37 (1971), did not require the district court to abstain from hearing a petition for a writ of habeas corpus challenging the conditions of pretrial detention in state court. The Ninth Circuit held that the State has acted in good faith throughout this litigation with respect to the substantive merits of petitioner's claim; petitioner's case fell within the irreparable harm exception to Younger where he has been incarcerated for over six months without a constitutionally adequate bail hearing; and petitioner has properly exhausted his state remedies as to his bail hearing. Accordingly, the court reversed the judgment of the district court and remanded with instructions to grant a conditional writ of habeas corpus, providing that the writ issue unless the California Superior Court conducts a new constitutionally compliant bail hearing within fourteen days after the issuance of the district court's order conditionally granting the petition. View "Arevalo v. Hennessy" on Justia Law

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The administrative exhaustion requirement justifies tolling the statute of limitations, but it does not justify creating a new accrual rule. The potential unfairness of limitations running during exhaustion is better addressed by equitable tolling. The Ninth Circuit affirmed the district court's grant of summary judgment dismissing plaintiff's 42 U.S.C. 1983 action alleging excessive force and sexual assault claims against ten Arizona Department of Corrections officers. The panel held that plaintiff's claims accrued when the alleged assault occurred in 2010 because he knew of his injuries at that time; equitable tolling was not applicable in this case where neither his 2014 complaint allegations, his sworn affidavits, nor the letters and grievances he wrote from 2010 to 2014, provide competent summary judgment evidence that he took any steps to inquire into the delay in hearing from the Criminal Investigation Unit for nearly four years; and thus plaintiff's claims were time-barred. View "Soto v. Sweetman" on Justia Law