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

The Ninth Circuit reversed the district court’s grant of summary judgment to federal defendants in a Freedom of Information Act (“FOIA”) action brought by Inter-Cooperative Exchange (“ICE”), a cooperative of fishers who harvest and deliver crab off the coast of Alaska, seeking the government’s communications concerning the government’s decision not to factor Alaska’s minimum wage increase into the arbitration system that sets the price of crab.   The North Pacific Fishery Management Council manages fisheries off the coast of Alaska. In 2005, the National Marine Fisheries Service (“NMFS”) implemented a program recommended by the Council to allocate crab resources among harvesters, processors, and coastal communities. Alaska increased the minimum wage, which raised the question of whether costs should be considered under the arbitration system. The Council reviewed the matter at a 2017 meeting where an Assistant Regional Administrator of NMFS and a voting member of the Council, introduced an unsuccessful motion to include costs for consideration in the arbitration system.   The court held that on the facts here, the three search terms were not reasonably calculated to uncover all documents relevant to ICE’s request. ICE contended that the government’s choice of search terms was unduly narrow and not reasonably calculated to uncover all documents relevant to its FOIA request. The court held that the government’s choice of search terms was overly narrow. View "INTER-COOPERATIVE EXCHANGE V. USDOC" on Justia Law

Taxpayers challenged the constitutionality of Subpart F’s ability to permit taxation of a CFC’s income after 1986 through the Mandatory Repatriation Tax (“MRT”). The district court dismissed the action for failure to state a claim, denied taxpayers’ cross-motion for summary judgment, and taxpayers appealed.   The Ninth Circuit affirmed the district court’s dismissal. The court held that the MRT is consistent with the Apportionment Clause and it does not violate the Fifth Amendment’s Due Process Clause. That clause requires that a direct tax must be apportioned so that each state pays in proportion to its population. The court acknowledged that the Sixteenth Amendment exempts from the apportionment requirement the category of “incomes, from whatever source derived.” The court observed that courts have consistently upheld the constitutionality of taxes similar to the MRT notwithstanding any difficulty in defining income, that the realization of income does not determine the tax’s constitutionality, and that there is no constitutional ban on Congress disregarding the corporate form to facilitate taxation of shareholders’ income.   The court explained that the MRT serves the legitimate purpose of preventing CFC shareholders who have not yet received distributions from obtaining a windfall by never having to pay taxes on their offshore earnings that have not yet been distributed. The MRT accomplished this legitimate purpose by rational means: by accelerating the effective repatriation date of undistributed CFC earnings to a date following passage of the TCJA. View "CHARLES MOORE V. USA" on Justia Law

Plaintiff sued various Arizona Department of Corrections, Rehabilitation & Reentry (“ADCRR”) officials and the Arizona Attorney General (collectively “Defendants”) challenging Defendants’ proposed protocol for his execution. Plaintiff filed a motion for a preliminary injunction prohibiting his execution until such time as Defendants can assure the district court that his execution would comply with various federal statutes and the Sixth, Eighth, and Fourteenth Amendments to the United States Constitution. The district court denied the motion for a preliminary injunction and Plaintiff appealed and filed two motions to stay his execution.   The Ninth Circuit denied the motions because: (1) it deferred to the district court’s finding that Defendants’ accommodations for Plaintiff’s degenerative spinal disease preclude a finding that their lethal injection protocol creates a substantial risk of severe pain; (2) even assuming without deciding that Defendants’ Execution Protocol may give rise to a liberty interest, there is insufficient evidence that Plaintiff’s due process rights were violated; and (3) given that Defendants shall execute Plaintiff by lethal injection, he lacks standing to challenge Defendants’ protocol for execution by lethal gas. View "FRANK ATWOOD V. DAVID SHINN" on Justia Law

Petitioner was convicted of forgery under Section 472 for possession of a counterfeit government seal. The Board of Immigration Appeals concluded that this conviction was a crime involving moral turpitude that made him ineligible for cancellation of removal. Petitioner argued that intent to defraud is not a required element under Section 472, and therefore, his forgery conviction was not a categorical crime involving moral turpitude.   The Ninth Circuit denied in part and dismissed in part Petitioner’s petition for review of a decision of the Board of Immigration Appeals, the court held that a forgery under California Penal Code Section 472 is a crime involving moral turpitude.   The court considered the elements of Section 472 and concluded that California law does not support Petitioner’s reading of the statute. The court explained that it is reasonable to read the statutory text as requiring that all the prohibited acts be done “with the intent to defraud another,” and that no California court has held that Section 472 has separate clauses or that the intent-to-defraud element is limited to specific clauses or actions. The court also explained that California caselaw establishes that forgery requires intent to defraud and that California’s pattern jury instructions confirm that conclusion.   Finally, Petitioner contended that his argument to the BIA that his conviction did not render him inadmissible was sufficient to alert the BIA to the relevance of the petty offense exception. The court concluded that the record belied that assertion, noting that the BIA did not read Petitioner’s brief as raising that assertion. View "PEDRO VASQUEZ-BORJAS V. MERRICK GARLAND" on Justia Law

Defendant sought to vacate the conviction because he pled guilty without being informed of the mens rea element announced in Rehaif v. United States, 139 S. Ct. 2191 (2019). Defendant did not challenge the omission of this element in the district court or on direct appeal, his claim is procedurally defaulted, such that the district court may not consider the merits of the claim unless Defendant can overcome the default by showing (1) cause for not raising the error sooner; and (2) prejudice, which means a reasonable probability that Defendant would not have pled guilty had he been properly informed of the elements of the offense   The district court summarily denied the motion without supplementing the record, holding an evidentiary hearing, or making factual findings.  The court held that the district court’s summary denial was erroneous. The court wrote that the district court erred by applying plain-error analysis. Rejecting the Government’s specific arguments, the court held (1) neither the fact that Defendant was sentenced to more than one year in prison nor his acknowledgment at his sentencing hearing that he had been “convicted of felonies,” is conclusive evidence that he would have pled guilty even if he were informed of all of the elements of the offense; and (2) the potential loss of an acceptance-of-responsibility reduction is not so great that it alone conclusively establishes that Defendant would have pled guilty to the felon-in-possession count even if he were properly informed of the elements of the offense. View "USA V. JUSTIN WERLE" on Justia Law

This appeal arose from a class action filed under the Victims of Trafficking and Violence Protection Act of 2000 by individuals who were incarcerated in private immigration detention facilities owned and operated by a for-profit corporation, CoreCivic, Inc. These individuals were detained solely due to their immigration status alleged that the overseers of their private detention facilities forced them to perform labor against their will and without compensation. The inquiry on appeal concerns only whether the district court properly certified three classes of detainees.   The Ninth Circuit affirmed the district court’s order certifying three classes in an action. The court held that the district court properly exercised its discretion in certifying a California Labor Law Class, a California Forced Labor Class, and a National Forced Labor Class. The court held that, as to the California Forced Labor Class, Plaintiffs submitted sufficient proof of a class-wide policy of forced labor to establish commonality. Plaintiff established predominance because the claims of the class members all depended on common questions of law and fact. The court agreed with the district court that narrowing the California Forced Labor Class based on the California TVPA’s statute of limitations was not required at the class certification stage.   The court held that, as to the National Forced Labor Class, the district court did not abuse its discretion in concluding that Plaintiffs presented significant proof of a class-wide policy of forced labor. As to the California Labor Law Class, the court held that Plaintiffs established that damages were capable of measurement on a class-wide basis. View "SYLVESTER OWINO V. CORECIVIC, INC." on Justia Law

Environmental groups learned through FOIA requests that agencies within the U.S. Department of the Interior had authorized permits for offshore well stimulation treatments without first conducting the normally-required environmental review. Pursuant to settlements between the environmental groups and the federal agencies – the Bureau of Ocean Energy Management (BOEM) and the Bureau of Safety and Environmental Enforcement (BSEE), the agencies issued an Environmental Assessment (“EA”) evaluating the use of offshore well simulation treatments and did not prepare a full Environmental Impact Statement (“EIS”). The agencies concluded that the use of these treatments would not pose a significant environmental impact and issued a Finding of No Significant Impact (“FONSI”). Petroleum industry Defendants intervened.                                                                    The Ninth Circuit reversed the district court’s grant of summary judgment to Defendants on Plaintiffs’ National Environmental Policy Act (“NEPA”) claims, and affirmed the grant of summary judgment to plaintiffs on the Endangered Species Act (“ESA”) and Coastal Zone Management Act (“CZMA”) claims.   After reviewing the agencies’ EA and FONSI, the court held that the agencies failed to take the hard look required by NEPA in issuing their EA and that they should have prepared an EIS for their proposed action. The court reversed the summary judgment to Defendants on the NEPA claims and granted summary judgment to Plaintiffs on those claims; affirmed the district court’s summary judgment to Plaintiffs on the ESA and CZMA claims; and held that the district court did not abuse its discretion in fashioning injunctive relief. The court held that the agencies acted arbitrarily and capriciously by not preparing an EIS. The court vacated the inadequate EA. View "EDC V. BOEM" on Justia Law

Plaintiff alleged that Defendants directed defamatory statements about him toward individuals and entities in Arizona and tortiously interfered with his contractual relationship with the Byzantine Catholic Eparchy of Phoenix. The Ninth Circuit vacated the district court’s dismissal for lack of personal jurisdiction of Plaintiff’s action against three bishops of the Byzantine Catholic Church and their respective dioceses.   The court held that the district court erred in dismissing for lack of personal jurisdiction over the defendants. Where a defendant directs communications that are defamatory toward a forum state and seeks to interfere with a forum state contract, the defendant has purposefully directed conduct at the forum state, and the defendant knows or should know that such conduct is likely to cause harm in the forum state.   The court rejected Defendants’ contention that the ecclesiastical abstention doctrine deprived the court of subject matter jurisdiction over the appeal. The court held that the doctrine was not relevant here where Plaintiff was not asking the court to adjudicate the sort of issues covered by the ecclesiastical abstention doctrine.   The court applied the Calder effects test to determine whether a defendant purposefully directed activities toward a forum state Calder v. Jones, 465 U.S. 783 (1984). The court held that Plaintiff’s claims against the Archbishop of Pittsburgh were on all fours with Calder. The court held that the district court erred in holding that the Archbishop did not purposefully direct conduct at Arizona. The court held that the Archbishop’s directed communications acts targeted the forum state itself and such acts were likely to cause harm in Arizona. View "BURRI LAW PA V. WILLIAM SKURLA" on Justia Law

The Ninth Circuit affirmed Defendant’s original life sentence in 1998. Following the Supreme Court’s decisions in Miller v. Alabama, 567 U.S. 460 (2012) (holding that the Eighth Amendment forbids a sentencing scheme that mandates life in prison without the possibility of parole for juvenile offenders), and Montgomery v. Louisiana, 577 U.S. 190 (2016) (holding that Miller’s rule applied retroactively on collateral review), Defendant was resentenced to LWOP in 2016. Defendant argued relying on the now-vacated en banc decision, Briones I, that the resentencing record does not reflect that the district court meaningfully engaged in Miller’s central inquiry, namely, identifying those whose crimes reflect permanent incorrigibility. The Ninth Circuit wrote that Jones made altogether clear that—irrespective of any seemingly contrary language in Miller or Montgomery— permanent incorrigibility is not an eligibility criterion for juvenile LWOP. The court held that Defendant waived his argument that a requirement of meaningful engagement with Miller’s central inquiry comes from this court’s cases interpreting the federal sentencing statute, 18 U.S.C. Section 3553, as to which Jones is irrelevant. The court rejected Defendant’s argument that Briones II vacated his LWOP sentence for a second, independent reason—namely, that the district court may not have understood it was allowed to meaningfully consider evidence of his post-conviction rehabilitation. The court held that Defendant waived his as-applied challenge to the substantive proportionality of his sentence, and wrote that all relevant factors militate against exercising discretion to consider the merits of Defendant’s otherwise waived substantive disproportionality arguments. View "USA V. RILEY BRIONES, JR." on Justia Law

Plaintiffs alleged that they were trafficked into Thailand and subjected to forced labor at seafood processing factories. Plaintiffs allege that Thai companies perpetrated these offenses and that companies present in the United States knowingly benefitted from their forced labor. Plaintiffs brought their claims under 18 U.S.C. Section 1595, the civil remedy provision of the Trafficking Victims Protection Act (“TVPA”).   The Ninth Circuit filed (1) an order amending its opinion and denying on behalf of the court a petition for rehearing en banc; and (2) an amended opinion affirming the district court’s summary judgment in favor of Defendants.   The court held that Plaintiffs did not present a triable issue. The court reasoned that 18 U.S.C. Section 1596 authorizes extraterritorial application of the TVPRA for specific criminal trafficking offenses. The court assumed without deciding that Section 1595 permits a private cause of action for extraterritorial violations of the substantive provisions listed in Section 1596 so long as the section's other requirements are satisfied.   As to the two foreign Defendants, the court held that Plaintiffs’ claims failed because the company was not “present in the United States” at any time relevant to this lawsuit as Section 1596 requires. The court rejected Plaintiffs’ agency relationship or joint venture argument.   As to the other Defendants, the court held that Plaintiffs failed to produce evidence establishing a triable issue of Defendants’ liability under Section 1595 on a theory that they knowingly benefitted from alleged human trafficking and forced labor abuses, financially and by accessing a steady stream of imported seafood. View "KEO RATHA V. PHATTHANA SEAFOOD CO., LTD." on Justia Law