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

The Ninth Circuit reversed the district court's dismissal of an indictment charging defendant with illegal reentry after removal in violation of 8 U.S.C. 1326. In this case, the district court held that a defective notice to appear (NTA) lacking time and date information did not provide the immigration court with jurisdiction to enter an order of removal.The panel explained that Karingithi v. Whitaker, 913 F.3d 1158 (9th Cir. 2019), and Aguilar Fermin v. Barr, 958 F.3d 887 (9th Cir. 2020), created some confusion as to when jurisdiction actually vests. To clarify, the panel held that 8 C.F.R. 1003.14(a) means what it says and controls: the jurisdiction of the immigration court vests upon the filing of an NTA, even one that does not at that time inform the alien of the time, date, and location of the hearing. The panel further explained that while a defective NTA does not affect jurisdiction, it can create due-process violations. In defendant's brief, he chose not to address the requirements under section 1326(d) for a collateral attack on the validity of the underlying removal, and thus he failed to satisfy the section 1326(d) requirements based on the NTA's lack of date and time information. On remand, defendant may be able to collaterally attack the underlying removal order, if he can meet the requirements of section 1326(d). View "United States v. Bastide-Hernandez" on Justia Law

After Desire filed suit against various defendants for copyright infringement, the district court held that Desire owned a valid copyright in the fabric design that was the subject of the action (the Subject Design), and that the Subject Design was entitled to broad copyright protection. The jury returned a verdict for Desire, finding that Manna, ABN, and Top Fashion willfully infringed the Subject Design, and that Pride & Joys and 618 Main innocently infringed the Subject Design.The Ninth Circuit held that the district court did not err in granting summary judgment in favor of Desire on the validity of its copyright and the scope of the Subject Design's copyright protection. The panel explained that the "similarity" of one design to another has no bearing on whether Desire "independently created" the subject design. Furthermore, defendants have also failed to introduce evidence that the Subject Design lacked the necessary "modicum of creativity" to be entitled to a valid copyright. The panel also held that the district court correctly extended broad copyright protection to the Subject Design. However, the panel held that the district court erred in permitting multiple awards of statutory damages. In this case, the district court correctly apportioned joint and several liability among the defendants, but the Copyright Act permits only one award of statutory damages here. Therefore, the panel affirmed in part, reversed in part, vacated the judgment awarding Desire multiple awards of statutory damages, and remanded for further proceedings. View "Desire, LLC v. Manna Textiles, Inc." on Justia Law

The Ninth Circuit reversed the district court's grant of summary judgment to United Airlines in two consolidated actions brought by certified classes of United pilots and flight attendants who reside in California, alleging that wage statements they received from United failed to comply with California Labor Code 226.The panel certified to the California Supreme Court the question whether California Labor Code 226 applied. The California Supreme Court held that the statute applied "if the employee's principal place of work is in California." The California Supreme Court set forth a set of principles defining section 226's permissible reach called the "Ward test."The panel held that section 226, as applied to plaintiffs under the Ward test, did not fall within either of the categories that are virtually per se invalid. Furthermore, the panel did not find merit in United's argument that application of the Ward test results in direct regulation of interstate commerce. The panel rejected United's contention that applying section 226 to plaintiffs under the Ward test violated the dormant Commerce Clause; held that the Airline Deregulation Act of 1978 did not preempt application of section 226 to plaintiffs where any connection between section 226 and United's prices, routes, and services was tenuous at best; and held that plaintiffs' claims under section 226 were not preempted by the Railway Labor Act. The panel declined to reach the merits of plaintiffs' claims in the first instance, and remanded to the district courts to determine whether United complied with section 226 and, if not, what relief should be awarded. The panel directed the district courts to modify the class definitions in both cases to conform to the California Supreme Court's definition of section 226's permissible reach, and to modify the class period in the Ward case to extend to the date of judgment. View "Ward v. United Airlines, Inc." on Justia Law

After the Ninth Circuit received an answer from the California Supreme Court to a certified question, the panel amended and reissued its opinion. The panel vacated the district court's grant of summary judgment in favor of Jan-Pro in a putative class action involving back wages and overtime claims, holding that the so-called ABC test in Dynamex Ops. W. Inc. v. Superior Court, 416 P.3d 1 (Cal. 2018), which determines whether workers are independent contractors or employees under California wage order laws, applies retroactively to this case.In this case, the district court had no opportunity to consider whether Plaintiffs are employees of Jan-Pro under the Dynamex standard, and neither party had the opportunity to supplement the record with regard to the Dynamex criteria. The panel remanded to the district court to consider the question in the first instance with the benefit of a more developed record. As an aid to the district court, the panel offered observations and guidance. On remand, the district court should consider all three prongs of the ABC test and, in doing so, may wish to consider authorities from other jurisdictions that apply the test. View "Vazquez v. Jan-Pro Franchising International, Inc." on Justia Law

The Ninth Circuit affirmed defendant's sentence for possession of child pornography where the district court applied a ten-year mandatory minimum sentence under 18 U.S.C. 2252(b)(2). Section 2252(b)(2) applies if a defendant has a prior conviction "under the laws of any State relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward." The district court applied section 2252(b)(2) based on defendant's prior conviction under California Penal Code 288(a), which criminalizes lewd and lascivious conduct with a minor under the age of fourteen. The panel held that the statutory provision "relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward" is not unconstitutionally vague, because the language neither fails to give ordinary people notice of its scope nor poses a risk of arbitrary enforcement. View "United States v. Hudson" on Justia Law

The Ninth Circuit affirmed a petition for review of the BIA's decision denying petitioner's applications for asylum and related relief. The panel held that petitioner's credible testimony about an attempted gang rape was sufficient to establish past persecution, and that the Board erred in imposing evidentiary requirements of ongoing injury or treatment beyond the attempted sexual assault in order to show persecution.The panel stated that it has consistently treated rape as one of the most severe forms of persecution, and explained that some forms of physical violence are so extreme that even attempts to commit them constitute persecution. In this case, petitioner's credible testimony about the attempted gang rape is sufficient to show persecution. The panel explained that attempted rape by a gang of men, in broad daylight on a public street, is especially terrorizing because it powerfully demonstrates the perpetrator's domination, control over the victim and imperviousness to the law. Furthermore, requiring evidence of additional harms both minimizes the gravity of the sexual assault and demeans the victim. The panel remanded for further proceedings. View "Kaur v. Wilkinson" on Justia Law

The Ninth Circuit affirmed the district court's dismissal, based on lack of subject matter jurisdiction, of Axon's action alleging that the FTC's administrative enforcement process violated the company's constitutional rights. In this case, the FTC investigated and filed an administrative complaint challenging Axon's acquisition of a competitor, demanding that Axon spin-off its newly acquired company and provide it with Axon's own intellectual property. The district court dismissed the complaint after determining that the FTC's statutory scheme requires Axon to raise its constitutional challenge first in the administrative proceeding.The panel held that the Supreme Court's Thunder Basin trilogy of cases mandates dismissal. The panel explained that the structure of the Federal Trade Commission Act suggests that Congress impliedly barred jurisdiction in district court and required parties to move forward first in the agency proceeding. Because the FTC statutory scheme ultimately allows Axon to present its constitutional challenges to a federal court of appeals after the administrative proceeding, the panel concluded that Axon has not suffered any cognizable harm. Therefore, the panel joined every other circuit that has addressed a similar issue in ruling that Congress impliedly stripped the district court of jurisdiction. View "Axon Enterprise, Inc. v. Federal Trade Commission" on Justia Law

The Ninth Circuit affirmed the district court's denial of qualified immunity to police officers in a 42 U.S.C. 1983 action, alleging that the officers used excessive force in violation of the Fourth Amendment when they shot and killed Pedro Villanueva and wounded Francisco Orozco, a passenger in Villanueva’s vehicle.The panel concluded, under Brower v. Cnty. of Inyo, 489 U.S. 593, 597 (1989), Brendlin v. California, 551 U.S. 249, 251 (2007), and Nelson v. City of Davis, 685 F.3d 867, 876 (9th Cir. 2012), that because Orozco's freedom of movement was terminated when the officers intentionally shot at the Silverado in which he was a passenger to stop its movement, Orozco was seized within the meaning of the Fourth Amendment. The panel noted that it matters not whether the officers intended to shoot Orozco or whether they even knew he was present as a passenger. Taking the facts in the light most favorable to plaintiffs, the panel also concluded that a reasonable jury could conclude that the officers used excessive force, because they "lacked an objectively reasonable basis to fear for [their] own safety, as [they] could simply have stepped back [or to the side] to avoid being injured." The panel concluded that the use of deadly force was clearly established as unreasonable as of 1996 by Acosta v. City & Cnty. of S. F., 83 F.3d 1143, 1146 (9th Cir. 1996). View "Villanueva v. Cleveland" on Justia Law

The Ninth Circuit certified the following question to the Oregon Supreme Court: Is a private contractor providing healthcare services at a county jail a "place of public accommodation" within the meaning of Oregon Revised Statutes 659A.400 and subject to liability under section 659A.142? View "Abraham v. Corizon Health, Inc." on Justia Law

The Ninth Circuit amended its certification order, in an appeal raising issues pertaining to Nevada state water law. The panel certified to the Supreme Court of Nevada the following questions: 1) Does the public trust doctrine apply to rights already adjudicated and settled under the doctrine of prior appropriation and, if so, to what extent? 2) If the public trust doctrine applies and allows for reallocation of rights settled under the doctrine of prior appropriation, does the abrogation of such adjudicated or vested rights constitute a “taking” under the Nevada Constitution requiring payment of just compensation? View "Mineral Country v. United States" on Justia Law