LexisNexis® Legal Newsroom
Ballard Spahr LLP: Website Hyperlink Alone Does Not Establish User’s Assent to Arbitration Agreement, 9th Circuit Holds

By the Consumer Financial Services Group In a case intersecting the 89-year-old Federal Arbitration Act (FAA) and the digital era, the Ninth Circuit has ruled that a consumer who did not read the company’s terms of use when ordering a product on its website was not bound by the terms’...

CA9 on Burden of Proof, Custody: Medina-Lara v. Holder

"For reasons to be set forth in a disposition which will follow in due course, we grant Medina–Lara’s petition for review because the government did not meet its burden to show that his California convictions constitute predicate offenses for purposes of removability under 8 U.S.C. §...

CA9 on Political Opinion: Singh v. Holder

"Kamalpal Singh, a 51-year-old native and citizen of India, petitions for review from the BIA’s denial of his application for asylum and withholding of removal based on imputed political opinion. Singh entered the United States in 2006 after fleeing egregious physical abuse by the local police...

CA9 on Burden of Proof: Medina-Lara v. Holder

"The government has failed to carry its burden to show by clear and convincing evidence that Medina has been convicted of an aggravated felony or a controlled substance offense. Similarly, Supreme Court case law issued subsequent to the agency action reviewed here has foreclosed on the government’s...

CA9 on Right to Notice: Velasquez-Escovar v. Holder

"At the outset of her removal proceedings, Odilia de Jesus Velasquez-Escovar gave immigration officials her current address in Los Angeles. But those officials did not properly record it. Instead, they recorded another outdated address and then sent Velasquez’s hearing notice there. Velasquez...

Norton Rose Fulbright: Pom Wonderful Ditches Appeal Of State Law Preemption Ruling

By Stephanie Stroup On September 22, 2014, the Ninth Circuit approved Pom Wonderful’s request to drop its appeal of U.S. District Judge S. James Otero’s February 2013 order holding that Pom’s UCL and FAL false advertising claims are preempted by the federal Food Drug and Cosmetics...

CA9 on Chevron, NACARA: Aragon-Salazar v. Holder

"Jorge Dario Aragon-Salazar (Aragon), a native and citizen of Guatemala, petitions for review of a decision by the Board of Immigration Appeals (BIA), affirming the Immigration Judge’s (IJ) denial of his application for special rule cancellation of removal under the Nicaraguan Adjustment and...

9th Circuit Strikes Down Arizona’s Proposition 100, A Constitutional Amendment Denying Bail To Undocumented Immigrants

Arizona’s Proposition 100, which mandates that bail be denied for serious felony offenses as prescribed by the state legislature, if the person charged has entered or remained in the United States without documentation, was struck down on October 15, 2014, by the United States Court of Appeals...

Norton Rose Fulbright: Purchase One Product, Sue For Them All?

By Julie Glazer An emerging trend in consumer product class actions is for a class representative to bring claims for entire lines of products, despite only purchasing one of the products. Although traditional principles of standing seem to dictate the death of this argument, more and more courts...

DHS: Arizona Solicitation Statute Not Divisible, Not a CIMT

Laura Murray-Tjan writes: "I appealed pretermission of a non-LPR cancellation of removal claim to the Ninth Circuit, arguing that (1) the client's Arizona solicitation conviction can't be a CIMT ground of inadmissibility, as the agency had held; and (2) the underlying offense isn't a...

CA9 on Kenya, Evidence, Confidentiality, Authentication: Owino II

"... Owino petitioned for review and we granted the petition. Owino v. Holder , 575 F.3d 956 (9th Cir. 2009) (per curiam). ... The BIA dismissed Owino’s appeal on April 23, 2012. It affirmed the IJ’s denial of Owino’s motion to admit additional evidence, reasoning that Owino had...

CA9 Upholds Matter of Leal (Categorical CIMT)

Court Staff Summary: "The panel denied Edgar Leal’s petition for review of the three-judge published Board of Immigration Appeals’ decision, Matter of Leal , 26 I. & N. Dec. 20 (BIA 2012), which held that Leal’s conviction for felony endangerment, in violation of Arizona Revised...

CA9 Overturns Almanza-Arenas (CIMT, Inconclusive Record; Young v. Holder abrogated in part)

Court Staff Summary: "The panel granted Gabriel Almanza-Arenas’s petition for review of the Board of Immigration Appeals’ published decision, Matter of Almanza-Arenas , 24 I. & N. Dec. 771 (BIA 2009), which held that a California state law conviction for vehicle theft constitutes...

CA9 on Due Process, Expedited Removal: USA v. Raya-Vaca

"Victor Manuel Raya-Vaca appeals from a judgment of conviction following a conditional plea of guilty to one count of illegal reentry after having been removed in violation of 8 U.S.C. § 1326. In 2011, Raya-Vaca was arrested while in the United States, subjected to expedited removal proceedings...

CA9 on Adjustment, Reopening: Singh v. Holder

"For the second time in six years, we hold that the Board of Immigration Appeals has authority to reopen proceedings of an alien who is under a final order of removal in order to afford the alien an opportunity to pursue an adjustment of status application before United States Citizenship and Immigration...

CA9 on Evidence, CIMT: Vargas Cervantes v. Holder (upholding Rotimi)

"We hold that although the BIA correctly determined that Vargas’s conviction under California Penal Code § 422 was for a CIMT and that Vargas is ineligible for an extreme hardship waiver, the BIA erred in concluding that Vargas’s conviction under California Penal Code § 273...

CA9 on Conspiracy; Nevada; Burglary; Aggravated Felony: U.S. v. Garcia-Santana

"The government appeals the dismissal of Xochitl Garcia-Santana’s indictment for unlawful reentry in violation of 8 U.S.C. § 1326. The district court determined that Garcia’s prior removal order was constitutionally inadequate because Garcia was denied her right to seek discretionary...

CA9 on Finality, Jurisdiction: Abdisalan v. Holder

"When does an order of removal become “final” for the purpose of seeking judicial review? Panels of our court have reached varying conclusions, creating unnecessary confusion as to the timeliness of petitions for review and our jurisdiction to entertain them. We reheard this matter en...

9th Circuit Reverses, Remands Shoulder Pain Pump Defense Verdict

SAN FRANCISCO — (Mealey’s) A panel of the Ninth Circuit U.S. Court of Appeals on Jan. 23 reversed a defense verdict and judgment in a shoulder pain pump case and remanded after finding that the plaintiffs’ negligence per se claims were not preempted by federal law, as the trial court...

CA9 on CIMT, Gang Enhancement: Hernandez-Gonzalez v. Holder

"Does a conviction for a felony “for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members” constitute a crime involving moral turpitude? We hold that the answer...

CA9 on Armenia, Imputed Political Opinion: Khudaverdyan v. Holder

"Petitioners Hayk and Nadezhda Khudaverdyan seek asylum, withholding of removal, and protection under the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (“CAT”), Dec. 10, 1984, 1465 U.N.T.S. 85. The Armenian military police detained...

CA9 on CAT, Internal Relocation: Maldonado v. Holder (En Banc)

Court Staff Summary: "The en banc court overruled Hasan v. Ashcroft, 380 F.3d 1114 (9th Cir. 2004), Lemus-Galvan v. Mukasey, 518 F.3d 1081 (9th Cir. 2008), Singh v. Gonzales, 439 F.3d 1100 (9th Cir. 2006), and Perez-Ramirez v. Holder, 648 F.3d 953 (9th Cir. 2011), to the extent they conflict...

Ninth Circuit Upholds Injunction Against Sheriff Joe Arpaio, Profiling: Melendres II

"The panel affirmed in part and vacated in part the district court’s permanent injunction and remanded in an action against Sheriff Joseph M. Arpaio and the Maricopa County Sheriff’s Office alleging that defendants have a custom, policy and practice of racially profiling Latino drivers...

Equitable Tolling Applies To Suits Under Federal Tort Claims Act, Split U.S. Supreme Court Rules

WASHINGTON, D.C. — (Mealey’s) The time limits set forth for suits against the federal government in Section 2401(b) of the Federal Tort Claims Act (FTCA) are subject to equitable tolling, the U.S. Supreme Court ruled April 22 in a 5-4 decision ( United States v. Kwai Fun Wong , No. 13-1074...

Man Shot In Crowd May Qualify For Asylum, 9th Circ. Finds

"The Board of Immigration Appeals erred by finding a Guatemalan man was ineligible for political asylum because police in his native country did not single him out when they shot into a crowd of protesters and struck him, the Ninth Circuit concluded Tuesday. The appeals court remanded the case...