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

Sovereign immunity does not preclude an award of emotional distress damages against the United States for willful violation of an automatic stay. The Ninth Circuit reversed the district court's judgment reversing the bankruptcy court's award of damages to debtors for the IRS's violation of the Bankruptcy Code's automatic stay. The panel held that Congress waived sovereign immunity for a "money recovery" under certain bankruptcy provisions, including 11 U.S.C. 362(k), which allows an individual to recover "actual damages" for a willful violation of the automatic stay. The panel remanded with instructions to consider the government's challenges on the merits. View "Hunsaker v. United States" on Justia Law

The Ninth Circuit denied a petition for review challenging the EPA's approval of a 1994 revision to Montana's State Implementation Plan. The panel held that the EPA's interpretation of "a 2-year period which precedes the particular date" was a permissible one. Therefore, the EPA's approval of Montana's 2015 Implementation Plan was neither arbitrary nor capricious, and Information Center's comment regarding Montana's interpretation of the language in question raised a question of implementation, better addressed at a different time. View "Montana Environmental Information Center v. Thomas" on Justia Law

The Ninth Circuit granted a petition for review of the BIA's decision affirming the IJ's order of removal. The panel held that petitioner was not removable under 8 U.S.C. 1182(a)(6)(C)(ii)(I), as an alien who made a false claim of citizenship to obtain private employment, because there was no basis in the record to conclude that he represented himself as a citizen on a Form I–9. In this case, there was nothing in the record showing that petitioner ever filled out a Form I-9 and thus nothing in the record to show that he made a false representation of citizenship. The panel remanded for further proceedings. View "Diaz-Jimenez v. Sessions" on Justia Law

Where a state statute contains two layers of disjunctive lists, the analysis outlined in Taylor v. United States, 495 U.S. 575 (1990), for applying the categorical approach, applies to both layers of the statute and must be performed twice. A methamphetamine conviction under California Health & Safety Code 11378 or 11379(a) does not qualify as a controlled substance offense under 8 U.S.C. 1227(a)(2)(B)(i).The Ninth Circuit granted a petition for review of the BIA's order finding petitioner removable for a controlled substance offense. The panel held that the California definition of methamphetamine was broader than the federal definition. The panel also held that the methamphetamine element applicable to a conviction under sections 11378 or 11379(a) was not divisible, because the different varieties of methamphetamine covered by California law were alternative means of committing a single crime rather than alternative elements of separate crimes. Therefore, the panel did not apply the modified categorical approach. View "Atenia Lorenzo v. Sessions" on Justia Law

The Ninth Circuit affirmed the district court's judgment imposing liability on BNSF under the Americans with Disabilities Act. The panel held that plaintiff had a disability because BNSF perceived him to have a back impairment; plaintiff was qualified for the job; and BNSF impermissibly conditioned plaintiff's job offer on him procuring an MRI at his own expense because it assumed that he had a back impairment.The panel need not, and did not, decide whether the standard four-factor test for injunctive relief was required in the Title VII/ADA context, because even if the four-factor test applied, that test would be satisfied. However, the panel agreed with BNSF that the district court must make adequate factual findings to support the scope of the injunction. Therefore, the panel vacated the injunction and remanded for the district court to make further factual findings in order to establish the proper scope of the injunction. View "EEOC v. BNSF Railway Co." on Justia Law

G&G appealed the district court's order granting summary judgment to defendant, a citizen of Italy, in G&G's suit asserting various state law claims. G&G alleged that Rustic stole a large, valuable oil painting from her former husband and G&G's predecessor-in-interest. The district court held that G&G's claims were barred by California's borrowing statute, Cal. Civ. Proc. Code 361.The Ninth Circuit affirmed the district court's order with respect to the conversion claim, holding that the district court properly determined that this claim accrued sometime in 2000 and was time-barred under both the Italian and California statutes of limitations. The panel vacated and remanded the district court's order with respect to the replevin and unjust enrichment claims, holding that there was no indication that the district court determined when those claims accrued. Finally, the panel vacated and remanded the district court's order with respect to the claim for declaratory relief, holding that the disputed facts on this claim defeated summary judgment in favor of defendant. View "G and G Productions LLC v. Rusic" on Justia Law

The Ninth Circuit granted a petition for review of the BIA's order denying asylum, withholding of removal, and protection under the Convention Against Torture (CAT). Petitioner sought relief after he and his family were the victims of threats, home invasions, beatings, and killings at the hands of Frente Farabundo Martí para la Liberación Nacional guerillas.The panel held that petitioner was eligible for asylum and entitled to withholding of removal. In this case, the record compelled a finding of past persecution, and substantial evidence did not support the agency's determination that the government successfully rebutted the presumption of future persecution. The panel applied the pre-REAL ID Act standards and held that the harm petitioner suffered had a nexus to a protected ground because the guerillas were motivated by his family's government and military service. The panel also held that the BIA erred as a matter of law in denying petitioner's application for CAT relief. The panel remanded for reconsideration of the CAT claim. View "Quiroz Parada v. Sessions" on Justia Law

California's receipt of stolen property offense is a categorical match for the generic federal crime of receipt of stolen property. The Ninth Circuit affirmed defendant's conviction for attempting to reenter the United States after being deported, holding that defendant's prior California conviction for receipt of stolen property was a felony theft offense that was an aggravated felony under the Immigration and Naturalization Act. The panel also held that the district court properly denied defendant's motion to dismiss the indictment and rejected defendant's remaining claims. View "United States v. Flores" on Justia Law

A bare allegation that a defendant is the registered subscriber of an Internet Protocol address associated with infringing activity is not sufficient to state a claim for direct or contributory infringement. The Ninth Circuit affirmed the district court's dismissal of an action brought by plaintiff under the Copyright Act, alleging direct and contributory infringement.The panel held that the direct infringement claim failed because defendant's status as the registered subscriber of an infringing IP address, standing alone, did not create a reasonable inference that he was also the infringer. The panel reasoned that because multiple devices and individuals may be able to connect via an IP address, simply identifying the IP subscriber solved only part of the puzzle. The panel held that a plaintiff must allege something more to create a reasonable inference that a subscriber is also an infringer. Furthermore, Cobbler Nevada could not succeed on its contributory infringement theory because, without allegations of intentional encouragement or inducement of infringement, an individual's failure to take affirmative steps to police his internet connection was insufficient to state a claim. View "Cobbler Nevada, LLC v. Gonzalez" on Justia Law

The Ninth Circuit affirmed the district court's decision affirming the bankruptcy court's dismissal of a Chapter 11 petition filed by the former board members of Sino. The panel held that the bankruptcy court properly dismissed the action because plaintiffs lacked corporate authority under Nevada law when they filed the petition where a receiver appointed by the Nevada state court already had removed them from the corporation's board of directors. Therefore, plaintiffs were not authorized to file the petition on behalf of the corporation. View "Sino Clean Energy, Inc. v. Seiden" on Justia Law