9th Circuit Opinions

Ninth Circuit Denies Rehearing En Banc in TPS Case

The Ninth Circuit Court of Appeals denied a petition for rehearing en banc in National TPS Alliance v. Noem. The court affirmed its prior order, which found that judicial review is available for the vacatur and termination of Temporary Protected Status (TPS) for Haiti and Venezuela by former DHS Secretary Kristi Noem.

Rojas-Espinoza v. Bondi - Motion to Stay Removal Denied

The Ninth Circuit Court of Appeals denied a motion to stay removal for petitioners Rojas-Espinoza and others in their case against Pamela Bondi. The court lifted a temporary stay of removal, effective immediately. A concurring opinion addressed procedural concerns regarding the court's handling of stay practices.

B.B. v. Capistrano Unified School District - First Amendment Student Speech

The Ninth Circuit vacated a district court's grant of summary judgment in B.B. v. Capistrano Unified School District, holding that elementary students' speech is protected by the First Amendment under the Tinker standard. The court remanded the case, finding genuine disputes of material fact regarding whether the school principal's actions were reasonably necessary to prevent disruption or protect other students.

US v. Tekola - Sentence Affirmed for Drug Distribution

The Ninth Circuit Court of Appeals affirmed Isaac Tekola's sentence for drug distribution charges. The court upheld the district court's decision to apply a sentencing enhancement for maintaining a premises for drug trafficking, finding it was a primary use of his residence.

Jones v. City of North Las Vegas - Fourth and Fourteenth Amendments

The Ninth Circuit Court of Appeals filed an amended opinion in Jones v. City of North Las Vegas, concerning a Fourth and Fourteenth Amendment violation. The court reversed in part and affirmed in part the district court's summary judgment, impacting qualified immunity for officers involved in a search and shooting incident.

Chairez v. Mayorkas - Immigration Waiver of Inadmissibility

The Ninth Circuit Court of Appeals affirmed the dismissal of a challenge to USCIS's denial of a waiver of inadmissibility for a U visa. The court held that such discretionary agency decisions are precluded from judicial review under the Administrative Procedure Act.

Pacito v. Trump - Immigration Refugee Admissions Program

The Ninth Circuit affirmed in part and reversed in part a district court's preliminary injunctions against Executive Order No. 14163, which suspended the U.S. Refugee Admissions Program (USRAP). The court found plaintiffs failed to show a likelihood of success on their claims that the executive order exceeded the President's statutory authority or violated the APA.

Pacito v. Trump - Ninth Circuit Court Opinion on Refugee Admissions

The Ninth Circuit affirmed in part and reversed in part a district court's preliminary injunction against Executive Order No. 14163, which suspended the U.S. Refugee Admissions Program. The court found plaintiffs failed to show a likelihood of success on their claims that the executive order exceeded the President's statutory authority.

Uber Technologies v. City of Seattle - First Amendment Challenge to Ordinance

The Ninth Circuit affirmed a district court's denial of a preliminary injunction against Seattle's App-Based Worker Deactivation Rights Ordinance. The court held the ordinance regulates non-expressive conduct and does not violate the First Amendment, even if it compels commercial speech.

Ninth Circuit Opinion: Uber Technologies vs. City of Seattle

The Ninth Circuit affirmed a district court's denial of a preliminary injunction sought by Uber Technologies and Maplebear Inc. The court held that Seattle's App-Based Worker Deactivation Rights Ordinance does not violate the First Amendment, finding it regulates non-expressive conduct rather than speech.