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

Michael Brown, a taxpayer, requested a collection due process hearing regarding a notice of tax lien on his property for unpaid taxes. He submitted an offer-in-compromise to settle his tax liability, which was referred to the IRS Collection Division for investigation. The Collection Division returned Brown's offer within seven months, deeming it nonprocessable. Over two years later, the Office of Appeals sustained the notice of tax lien.Brown petitioned the United States Tax Court, arguing that his offer-in-compromise should be deemed accepted by law under 26 U.S.C. § 7122(f) because the Office of Appeals did not issue a final determination within 24 months. The Tax Court rejected this argument, ruling that the Collection Division's return of the offer within the 24-month period constituted a rejection, thus stopping the clock on the 24-month deadline.The United States Court of Appeals for the Ninth Circuit reviewed the case and affirmed the Tax Court's decision. The Ninth Circuit held that the Collection Division's return of Brown's offer-in-compromise within seven months was a valid rejection under § 7122(f), regardless of the ongoing collection due process hearing. The court clarified that the 24-month period for the IRS to act on an offer-in-compromise is terminated by the Collection Division's return of the offer, not by the Office of Appeals' final determination. Therefore, Brown's offer was not deemed accepted by operation of law. View "BROWN V. COMMISSIONER OF INTERNAL REVENUE" on Justia Law

Mendocino Railway, a California corporation, owns and operates a railroad line known as the "Skunk Train" between Fort Bragg and Willits, California. The City of Fort Bragg and the California Coastal Commission sought to regulate the use and maintenance of the Railway's properties within the City, which the Railway resisted, claiming federal preemption under the Interstate Commerce Commission Termination Act (ICCTA). The City filed a state court action seeking declaratory and injunctive relief to compel the Railway to comply with local regulations. The Railway argued that federal law preempted these local regulations. Subsequently, the Railway filed a federal lawsuit seeking a declaration that the City's and Commission's regulatory actions were preempted by federal law and an injunction to prevent interference with its operations.The Mendocino County Superior Court overruled the Railway's demurrer, which argued that federal law preempted all local regulations. The Railway's subsequent petitions to the California Court of Appeal and the California Supreme Court were unsuccessful. The Railway then filed an answer in the state court, asserting federal preemption as an affirmative defense. Meanwhile, the Commission intervened in the state court action, seeking a declaration that the Coastal Act and local coastal program applied to the Railway's activities and were not preempted by federal law. The Railway also attempted to remove the state action to federal court, but the district court remanded it back to state court.The United States Court of Appeals for the Ninth Circuit reviewed the district court's dismissal of the Railway's federal lawsuit under the Colorado River doctrine, which allows federal courts to abstain from exercising jurisdiction in favor of parallel state court proceedings. The Ninth Circuit affirmed the district court's dismissal, finding that the state court proceedings were sufficiently parallel to the federal action and that considerations of avoiding piecemeal litigation, forum shopping, and the order in which the forums obtained jurisdiction supported the dismissal. The court held that the state court could adequately protect the Railway's rights and that the federal preemption issue could be resolved in the state court proceedings. View "MENDOCINO RAILWAY V. AINSWORTH" on Justia Law

Oswaldo Favio Dominguez Ojeda, a native and citizen of Peru, faced reinstatement of a prior removal order by the Department of Homeland Security (DHS) in 2023. He expressed fear of returning to Peru, citing multiple incidents of harm and threats from members of the political group Peru Libre. An asylum officer conducted a reasonable fear screening interview but determined that Dominguez Ojeda did not have a reasonable fear of persecution or torture. Dominguez Ojeda sought review of this negative determination.The matter was referred to an Immigration Judge (IJ) for a reasonable fear review hearing. During this hearing, Dominguez Ojeda attempted to introduce new evidence, including claims of being raped by Peru Libre members and country conditions reports. The IJ refused to consider this new evidence, mistakenly believing that he lacked the discretion to review evidence not initially presented to the asylum officer. The IJ cited the case Alvarado-Herrera v. Garland, which allows an IJ to exercise discretion in considering new evidence, but still concluded that he could not review the new evidence. Consequently, the IJ upheld the asylum officer's negative reasonable fear determination.The United States Court of Appeals for the Ninth Circuit reviewed the case. The court held that the IJ committed legal error by failing to exercise discretion regarding the consideration of new evidence. The court clarified that while an IJ is not required to consider new evidence at a reasonable fear hearing, the IJ must exercise discretion in deciding whether to accept or reject such evidence. The Ninth Circuit granted Dominguez Ojeda’s petition for review and remanded the case for further proceedings, instructing the IJ to properly exercise discretion in considering the new evidence. View "OJEDA V. GARLAND" on Justia Law

Catherine Berry sued her employer, Air Force Central Welfare Fund, and its insurer, Air Force Insurance Fund, to enforce administrative default orders for disability benefits under the Longshore and Harbor Workers’ Compensation Act. After Berry filed her lawsuit, the defendants voluntarily paid her the full amount owed, including penalties and interest. Berry then sought attorneys’ fees under 33 U.S.C. § 928(a), arguing that her case was not moot due to her pending fee request.The United States District Court for the District of Nevada denied Berry’s motion for attorneys’ fees and dismissed her complaint as moot. The court held that Berry did not “successfully prosecute” her claim under § 928(a) because the defendants’ voluntary payment mooted the case, and Berry obtained no judicially sanctioned relief. Berry appealed this decision.The United States Court of Appeals for the Ninth Circuit affirmed the district court’s decision. The Ninth Circuit held that Berry’s claim was moot because she received the full amount owed and sought no other compensation. The court also rejected Berry’s argument that her lawsuit was the catalyst for the defendants’ payment, stating that the catalyst theory is unavailable under § 928(a). The court concluded that Berry did not “successfully prosecute” her claim in the district court, as she obtained no judicially sanctioned relief. Therefore, Berry was not entitled to attorneys’ fees under § 928(a). The court affirmed the district court’s dismissal of the case as moot. View "BERRY V. AIR FORCE CENTRAL WELFARE FUND" on Justia Law

An attorney, Daniel Crowe, challenged the requirement to join the Oregon State Bar (OSB), arguing it infringed on his First Amendment right to freedom of association. Crowe objected to statements published by OSB in its magazine, which he felt misrepresented his views. OSB refunded Crowe a portion of his dues used for the publication but did not satisfy his concerns, leading him to file a lawsuit seeking declaratory and injunctive relief, as well as damages.The United States District Court for the District of Oregon initially dismissed Crowe's claims, but the Ninth Circuit Court of Appeals partially reversed this decision, allowing the freedom of association claim to proceed. On remand, the district court granted summary judgment for OSB, holding that the bar's activities were germane to its regulatory purpose and did not violate Crowe's rights. Crowe appealed again.The United States Court of Appeals for the Ninth Circuit reviewed the case. It held that OSB is an arm of the state entitled to sovereign immunity, dismissing claims against OSB and for retrospective relief against its officers. However, the court found that Crowe demonstrated an infringement on his freedom of association because OSB's statements in its magazine could reasonably be imputed to its members, including Crowe, and were not related to the bar's regulatory purpose. The court concluded that this infringement did not survive exacting scrutiny.The Ninth Circuit reversed the district court's judgment regarding Crowe's freedom of association claim for prospective equitable relief against individual OSB officers and remanded the case for further proceedings. View "CROWE V. OREGON STATE BAR" on Justia Law

The case involves a challenge to the Hawai‘i Court Records Rules, which mandate that all medical and health records filed in any court proceeding be filed under seal without further judicial order. The plaintiff, Civil Beat Law Center for the Public Interest, argued that this rule is unconstitutionally overbroad under the First Amendment, which grants the public a presumptive right to access court records.The United States District Court for the District of Hawai‘i granted summary judgment in favor of the defendants, the Chief Court Administrators of the Hawai‘i state courts. The district court held that the public does not have a presumptive First Amendment right to access medical and health records, and even if such a right existed, requiring case-by-case litigation to unseal these records did not violate the First Amendment.The United States Court of Appeals for the Ninth Circuit reviewed the case and reversed the district court’s judgment. The Ninth Circuit held that the First Amendment grants the public a presumptive right to access a substantial portion of the records sealed under Hawai‘i’s mandatory sealing provision. The court found that the state’s interest in protecting individual privacy rights does not justify the categorical sealing of all medical and health records without any case-by-case consideration. The court concluded that the mandatory sealing rule is not the least restrictive means of protecting privacy interests and that case-by-case judicial review would better balance privacy concerns with the public’s right to access.The Ninth Circuit held that the Hawai‘i Court Records Rules are unconstitutionally overbroad because they encroach on the public’s right of access to court records. The court reversed the district court’s judgment and remanded the case for further proceedings consistent with its opinion. View "CIVIL BEAT LAW CENTER FOR THE PUBLIC INTEREST, INC V. MAILE" on Justia Law

The case involves Kimberly Marroquin, who sued Los Angeles Police Officer DiMaggio Rico and the City of Los Angeles under 42 U.S.C. § 1983, alleging excessive force and negligence after being injured by a less-lethal projectile during a crowd control situation following a Lakers game. Marroquin claimed that the injury caused her substantial physical and emotional harm. The jury found in favor of Marroquin on her excessive force and negligence claims but awarded inconsistent damages: $1.00 against Officer Rico and $1,500,000.00 against the City.The United States District Court for the Central District of California granted a new trial limited to damages under Fed. R. Civ. P. 59(a)(1)(A), citing a miscarriage of justice due to the jury's improper apportionment of damages. The court also denied the defendants' motion for relief from judgment under Fed. R. Civ. P. 60(b)(2), which was based on newly discovered surveillance footage. The court found that the defendants failed to show reasonable diligence in discovering this evidence.The United States Court of Appeals for the Ninth Circuit reviewed the district court's post-trial orders. The Ninth Circuit held that the district court did not abuse its discretion in granting a new trial limited to damages, rejecting the defendants' argument that the liability and damages issues were so interwoven that a damages-only trial violated their Seventh Amendment rights. The court found that the liability issues were distinct and separable from the damages issues and that the jury's confusion was likely due to an improper instruction on the verdict form.The Ninth Circuit also upheld the district court's denial of the Rule 60(b)(2) motion, agreeing that there is no exception to the requirement of reasonable diligence, even if the newly discovered evidence is conclusive. The court affirmed the district court's decisions, maintaining the new trial limited to damages and the denial of relief from judgment based on the newly discovered evidence. View "MARROQUIN V. CITY OF LOS ANGELES" on Justia Law

A resident of the Commonwealth of the Northern Mariana Islands (CNMI) filed a lawsuit seeking a declaratory judgment that the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States precludes the application of a federal cockfighting prohibition. The plaintiff also sought an injunction to prevent the enforcement of this prohibition. The federal cockfighting prohibition, codified in 7 U.S.C. § 2156 and amended in 2018, made cockfighting illegal in all U.S. jurisdictions, including the CNMI.The U.S. District Court for the Northern Mariana Islands dismissed the complaint with prejudice, finding that the federal cockfighting prohibition applied to the CNMI under the Covenant. The district court determined that 7 U.S.C. § 2156 was applicable to Guam and the several states as required by Covenant § 502, and thus also applicable to the CNMI. The court also found that Covenant § 105, which governs laws enacted after January 9, 1978, did not apply to amendments of laws that existed on that date.The United States Court of Appeals for the Ninth Circuit affirmed the district court’s dismissal. The Ninth Circuit held that Covenant § 502 governs the applicability of 7 U.S.C. § 2156 and its 2018 Amendment to the CNMI. The court found that § 2156 was applicable to Guam and the several states as of January 9, 1978, and thus applicable to the CNMI. The court also held that even if Covenant § 105 were to govern, the federal cockfighting prohibition would still apply to the CNMI because it is applicable to the several states and does not impermissibly intrude upon the internal affairs of the CNMI. The court concluded that the federal interests in regulating interstate commerce, ensuring the humane treatment of animals, and preventing the spread of avian flu outweighed any intrusion into the CNMI’s internal affairs. The judgment was affirmed. View "SALAS V. USA" on Justia Law

Zohaib Zia, a citizen of Pakistan, entered the United States as a conditional permanent resident based on his marriage to a U.S. citizen, Anum Haq. After their marriage ended in divorce, Zia sought a waiver to remove the conditions on his residency, claiming the marriage was entered into in good faith. U.S. Citizenship and Immigration Services (USCIS) denied his petition, finding the marriage was not in good faith, and terminated his conditional status. The Department of Homeland Security then issued a notice to appear, charging him as removable. Zia renewed his petition before an Immigration Judge (IJ), who also denied it, citing an adverse credibility finding and insufficient evidence of a good faith marriage.The Board of Immigration Appeals (BIA) affirmed the IJ's decision, agreeing with the adverse credibility determination and finding the remaining evidence insufficient to prove a good faith marriage. Zia appealed to the United States Court of Appeals for the Ninth Circuit, arguing that the BIA erred in its findings and that his due process rights were violated due to an incomplete hearing transcript.The Ninth Circuit held that it lacked jurisdiction to review the adverse credibility finding, as such factual determinations are unreviewable under Patel v. Garland. The court also found that while it had limited jurisdiction to review the good faith marriage determination as a mixed question of fact and law, the BIA's decision was not in error. The court concluded that Zia's testimony was of little weight due to the adverse credibility finding, and the remaining evidence did not compel a reversal. Additionally, the court rejected Zia's due process claim, finding no prejudice from the incomplete transcript. The petition for review was dismissed in part and denied in part. View "ZIA V. GARLAND" on Justia Law

Victor Meza-Carmona, born in Mexico to a U.S. citizen mother, Victoria, claimed U.S. citizenship based on his mother's status. Under 8 U.S.C. § 1409(c) (1952), Victoria could transmit citizenship to him only if she had been physically present in the U.S. for a continuous period of one year before his birth. Victoria was born in Los Angeles and baptized in El Paso, Texas, but later moved to Mexico. The case hinges on whether Victoria met the continuous physical presence requirement.The Department of Homeland Security initiated removal proceedings against Meza-Carmona in 2012. An immigration judge ordered his removal, and the Board of Immigration Appeals dismissed his appeal. Meza-Carmona then petitioned for review. The Ninth Circuit transferred the case to the District of Arizona to resolve factual disputes about his citizenship claim. The district court found that Meza-Carmona failed to prove his mother's continuous physical presence in the U.S. for one year before his birth.The United States Court of Appeals for the Ninth Circuit reviewed the district court's findings. The court held that 8 U.S.C. § 1409(c) requires a person claiming citizenship to show that their mother stayed in the U.S. for one year without leaving. The Ninth Circuit found that the district court did not clearly err in determining that Meza-Carmona failed to establish his mother's continuous presence. The evidence allowed for either inference—that Victoria stayed continuously in the U.S. or that she did not. Given the record, the district court's conclusion was not clear error. Consequently, the Ninth Circuit denied Meza-Carmona's petition for review. View "MEZA-CARMONA V. GARLAND" on Justia Law