LexisNexis® Legal Newsroom
CA9 to rehear CSPA case en banc: Cuellar de Osorio v. Mayorkas

"KOZINSKI, Chief Judge: Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Circuit Rule 35-3. The three-judge panel opinion [ 656 F.3d 954 (2011 )] shall not be cited as precedent by or to any court of the Ninth Circuit." - Cuellar...

BALCA, En Banc, on 'Required Documentation,' 'Substantial Failure' - Matter of SAP America, Inc.

"[W]e find that SAP’s failure to produce “a copy [of] the prevailing wage request for the prevailing wage determination” did not constitute a “substantial failure by the employer to provide required documentation” under Section 655.20(b). Accordingly, we find that the...

Ceron v. Holder to be Reheard En Banc: CA9

"Upon the vote of a majority of nonrecused active judges, it is ordered that this case [*] be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a)and Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit." ...

Mondaca-Vega to be Re-Heard En Banc

"Upon the vote of a majority of nonrecused active judges, it is ordered that this case [Mondaca-Vega v. Holder, 718 F.3d 1075 , 1081 (9th Cir. 2013)] be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. The three-judge panel opinion shall not be cited as...

BALCA EN BANC ON WHETHER THE ADDITIONAL RECRUITMENT STEPS FOR PROFESSIONAL OCCUPATIONS MUST COMPLY WITH 656.17(f)

"For PERM practitioners, what is the practical take away lesson from Symantec? Does the fact that 656.17(f) does not apply to the additional forms of recruitment mean that these additional forms of recruitment can indeed contain job requirements or duties which exceed the job requirements or duties...

Almanza-Arenas to be Reheard En Banc: CA9

"Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. The three-judge panel opinion [771 F.3d 1184; 2014 U.S. App. LEXIS 21372, November 10, 2014] shall not be cited as...

Bringas-Rodriguez v. Lynch, 805 F.3d 1171 (9th Cir. 2015)(asylum; Mexico) to be reheard en banc

Bringas-Rodriguez v. Lynch, 805 F.3d 1171 (9th Cir. 2015) - Nov. 19, 2015 June 14, 2016 - "Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. The three-judge panel...

Ninth Circuit Travel Ban Order May...Or May Not...Go En Banc (Feb. 10, 2017)

Ninth Circuit, Feb. 10, 2017 - "A judge on this Court has made a sua sponte request that a vote be taken as to whether the order issued by the three judge motions panel on February 9, 2017 , should be reconsidered en banc. A sua sponte en banc call having been made, the parties are instructed to...