Justia U.S. 9th Circuit Court of Appeals Opinion Summaries

Lucila Magana-Magana, a Mexican citizen, entered the United States unlawfully in 1995. She faced a series of abusive relationships, including with Rafael Camacho and later Clyde Wakefield, whom she married in 2017. Wakefield's abuse led to their separation and eventual divorce. In 2007, Magana-Magana was arrested by U.S. Border Patrol, and the Department of Homeland Security initiated removal proceedings. She applied for cancellation of removal, citing hardship to her U.S. citizen children, but her request was denied by an immigration judge (IJ) and later by the Board of Immigration Appeals (BIA). Her appeal to the Ninth Circuit was dismissed for lack of jurisdiction.In January 2022, Magana-Magana filed a motion with the BIA to reopen her removal proceedings, citing new evidence of abuse by Wakefield and her application for benefits under the Violence Against Women Act (VAWA). The BIA denied her motion, stating it was untimely and that she had not demonstrated "extraordinary circumstances" to waive the one-year filing deadline.The United States Court of Appeals for the Ninth Circuit reviewed the case. The court concluded it had jurisdiction to review the BIA's determination of "extraordinary circumstances" under 8 U.S.C. § 1229a(c)(7)(C)(iv)(III), as it involved applying a legal standard to undisputed facts. The court found that the BIA did not abuse its discretion in determining that the abuse suffered by Magana-Magana did not constitute "extraordinary circumstances" and that there was no basis to conclude that such circumstances caused the delay in filing her motion. The court also rejected her other arguments, including her unexhausted equitable-tolling claim and the BIA's discretionary decision not to reopen the case sua sponte. The petition for review was denied in part and dismissed in part. View "MAGANA-MAGANA V. GARLAND" on Justia Law

Andrew Nisbet petitioned for the return of his two young children to Scotland under the Hague Convention on the Civil Aspects of International Child Abduction. The children had been taken to the United States by their mother, Spirit Bridger, in June 2022. Nisbet argued that the children were habitual residents of Scotland and that Bridger had wrongfully removed them.The United States District Court for the District of Oregon, after a bench trial, denied Nisbet's petition. The court found that Nisbet failed to prove by a preponderance of the evidence that the children were habitual residents of Scotland. The court considered the totality of the circumstances, including the children's lack of meaningful relationships in Scotland, Bridger's credible testimony that she never intended for Scotland to be a permanent home, and her lack of ties to Scotland.The United States Court of Appeals for the Ninth Circuit reviewed the case and affirmed the district court's decision. The Ninth Circuit held that the district court did not clearly err in its findings. The court emphasized that the district court properly considered the children's lack of meaningful connections in Scotland and Bridger's intentions and circumstances as the sole caregiving parent. The Ninth Circuit concluded that the children did not have a habitual residence in Scotland under the Hague Convention, and therefore, Bridger did not wrongfully remove them. View "Nisbet v. Bridger" on Justia Law

In this case, the United States Court of Appeals for the Ninth Circuit affirmed the district court's decision to deny absolute and qualified immunity to two social workers, Gloria Vazquez and Mirta Johnson, in a case brought against them by Sydney Rieman and her child, K.B. The plaintiffs alleged that the defendants violated their Fourth and Fourteenth Amendment rights by (1) failing to provide them with notice of a juvenile detention hearing where the County’s Child and Family Services sought custody of K.B., and (2) providing false information to the Juvenile Court about why Ms. Rieman was not noticed for the hearing.The court rejected the defendants' claim that they were entitled to absolute immunity for actions taken in their quasi-prosecutorial role as social workers. The court determined that the failure to provide notice of the hearing and the provision of false information to the Juvenile Court were not similar to discretionary decisions about whether to prosecute. Therefore, absolute immunity did not apply.The court also held that the defendants were not entitled to qualified immunity from suit for failing to provide notice of the hearing and for providing false information to the Juvenile Court. The court affirmed that Ms. Rieman had a due process right to such notice and that this right was clearly established. It was also clear that providing false information to the court constituted judicial deception. The court concluded that a reasonable social worker in the defendants' position would have understood that their actions were violating the plaintiffs' constitutional rights. View "RIEMAN V. VAZQUEZ" on Justia Law

In a case involving the Department of Child and Family Services of the County of Los Angeles and individual social workers, the Ninth Circuit Court of Appeals issued a mixed ruling. The case arose from the removal of two minor children from their parents' custody following an anonymous report that the parents were using medical marijuana to treat one child's severe autism. The court affirmed in part and reversed in part the district court’s judgment.The Circuit Court reversed the district court's summary judgment for the defendants on the parents' claim of judicial deception. The court concluded that the application submitted by the defendants in support of the warrant for removal contained misrepresentations and omissions and a reasonable trier of fact could find these misrepresentations material.The Circuit Court also reversed the district court's summary judgment for defendants on the parents' intentional infliction of emotional distress claim and their Monell claim, which argued that the county had an unofficial policy of encouraging social workers to omit exculpatory information from warrant applications.However, the Circuit Court affirmed the district court’s judgment on the Fourth Amendment claim concerning the social worker's interview of one child at her school, finding that the social worker was entitled to qualified immunity. The court also found no error in the district court's handling of a jury question during trial.The court remanded the case for further proceedings on the claims of judicial deception, intentional infliction of emotional distress, and the Monell claim.The case was remanded for further proceedings on these issues. View "SCANLON V. COUNTY OF LOS ANGELES" on Justia Law

The case in review involves Michele McKee, who claimed a homestead exemption for a property in Palm Springs where she formerly lived with her partner, Laura O’Kane. McKee argued that she should qualify for California’s homestead exemption, which partially protects the debtor’s home from creditors. However, she didn't physically reside in the property when she filed her bankruptcy petition and the court determined she didn't have the intent to return.The United States Court of Appeals for the Ninth Circuit affirmed the decision of the Bankruptcy Appellate Panel, which affirmed the bankruptcy court's order denying McKee the homestead exemption. The court held that McKee did not meet her burden of proving that she either physically occupied the property or intended to return to it. The court did not accept McKee's argument that because her partner's abuse made it impossible for her to return to the property, her testimony that she wished to do so should be enough to establish a homestead. The court noted that McKee had demonstrated no signs of intent to return, such as leaving her personal belongings at the property or retaining its address on her driver's license, therefore she did not show entitlement to a homestead exemption. View "MCKEE V. ANDERSON" on Justia Law

Plaintiff alleged federal and wiretap violations and state common law claims against Defendant, her ex-husband, and co-Defendant, his attorney. She alleged that during a child custody proceeding in Nevada state court, Defendant had secretly recorded conversations between her and their child and that co-Defendant had filed selectively edited transcripts of the illegally recorded conversations on the state court’s public docket. The district court concluded that co-Defendant’s alleged conduct involved First Amendment petitioning activity, which is protected by the Noerr-Pennington doctrine. The district court entered default judgment against Defendant. The district court awarded Plaintiff $10,000 in statutory damages under the Federal Wiretap Act, but it did not award punitive damages or litigation costs, nor did it discuss or award other categories of damages ostensibly available on her Nevada common-law claims.   The Ninth Circuit vacated the district court’s judgment dismissing Plaintiff’s claims against co-Defendant as barred under the Noerr-Pennington doctrine and entering default judgment against Defendant. The panel held that co-Defendant violated the Federal Wiretap Act, and it agreed with the district court that the vicarious consent doctrine did not apply and that co-Defendant’s conduct was not protected under Bartnick v. Vopper, which carves out a narrow First Amendment exception to the Federal Wiretap Act for matters of public importance. The panel held that filing illegally obtained evidence on a public court docket is conduct not immunized under Noerr-Pennington, and the Federal Wiretap Act unambiguously applied to co-Defendant’s conduct. Further, the court held that the district court failed to adequately address other categories of damages to which Plaintiff might be entitled. View "LYUDMYLA PYANKOVSKA, ET AL V. SEAN ABID, ET AL" on Justia Law

This is an international child custody dispute between Respondent and Petitioner over their minor children. While the family was residing in Germany, Respondent took the children to the United States and refused to return them. The Hague Convention generally requires children to be returned to the state of habitual residence so that the country’s courts may adjudicate the merits of any custody disputes. The Ninth Circuit previously vacated and remanded the district court’s first order to return the children to Germany. Because the Supreme Court issued its decision in Golan while the court was considering Respondent’s appeal of the second return order, the court also remanded that order for the district court’s reconsideration. The district court then granted the petition a third time.   The Ninth Circuit affirmed the district court’s order granting, on a second remand, Petitioner’s petition against Respondent for the return, pursuant to the Hague Convention, of the parties’ two children to Germany. Agreeing with other circuits, the panel held that, in cases governed by the Hague Convention, the district court has discretion as to whether to conduct an evidentiary hearing following remand and must exercise that discretion consistent with the Convention. The panel held that, on the second remand, the district court did not abuse its discretion in declining to hold a third evidentiary hearing when the factual record was fully developed. The panel held that, in making determinations about German procedural issues, the district court neither abused its discretion nor violated Respondent’s due process rights by communicating with the State Department and, through it, the German Central Authority View "BOGDAN RADU V. PERSEPHONE JOHNSON SHON" on Justia Law

S.L.C. is the now-six-year-old, U.S.-citizen daughter of Lazaro, who resides near Seattle, and Colchester, who resides in Spain. Colchester was given sole custody of S.L.C. by a Spanish court. Lazaro was visiting Colchester and S.L.C. when the COVID-19 pandemic erupted. According to Lazaro, during that visit, Colchester often “screamed at and acted aggressively.” Lazaro testified about several specific instances of abuse. Lazaro absconded with S.L.C.and, unable to stay in Spain because of the lockdown, fled to Seattle with S.L.C.Colchester filed a petition under the Hague Convention on the Civil Aspects of International Child Abduction. The Spanish court issued a warrant, with an order declaring that Spain was S.L.C.’s habitual residence. In Washington state, Lazaro filed petitions for domestic violence orders of protection. Colchester filed a Hague Convention petition in Washington. After dismissing Lazaro’s petitions, the state court issued a warrant, authorizing law enforcement to seize S.L.C. Lazaro responded by temporarily hiding with S.L.C.The district court granted the Hague Convention petition. The Ninth Circuit vacated. Neither the Hague Convention nor its implementing legislation, the International Child Abduction Remedies Act, provides for the appointment of a psychologist as of right but the district court erred in refusing the mother’s request for such an appointment to provide an expert opinion regarding her allegations of abuse and psychological harm to the child. The district court also erred by failing to make findings of fact adequate to support its order. View "Colchester v. Lazaro" on Justia Law

The Ninth Circuit vacated the district court's denial of a petition for return of petitioner's child to France under the Hague Convention on the Civil Aspects of International Child Abduction. The panel concluded that the district court made three legal errors: 1) assuming petitioner cut off financial support for the child, the district court erred as a matter of law in determining that was sufficient to establish that he clearly and unequivocally abandoned the child, the showing required for deeming a parent not to be exercising custody rights; 2) the district court further erred in declining to return the child to France based on a "grave risk" defense, without first considering whether there are alternative remedies available to protect the child and permit her return to France for the period of time necessary for French courts to make the custody determination; and 3) the district court also erred in relying in part on the pandemic to deny the petition because the record did not include any evidence addressing what specific pandemic related risk returning the child to France would present. View "Jones v. Fairfield" on Justia Law

Father sought the return of his children under the Hague Convention of the Civil Aspects of International Child Abduction and the International Child Abduction Remedies Act (ICARA), which implements the Convention. The district court found the repatriation of the minor children to Germany posed a grave risk of psychological harm if in father's custody and therefore ordered that the children be transferred back to Germany in mother's custody until a German court made a custody determination.The Ninth Circuit vacated and remanded the district court's alternative remedy order for the district court to reasonably ensure compliance with its alternative remedy in Germany. The court explained that, because mother wrongfully removed the children, as she conceded, the district court in no way exceeded its authority to mandate the children's return to Germany accompanied by mother. However, in the context of an Article 13(b) finding, the district court needed a fuller record to have sufficient guarantees that the alternative remedy will be enforced in Germany. View "Radu v. Johnson Shon" on Justia Law