Recent changes
Ramsay v. Bondi - Immigration Motion to Reopen
The Second Circuit granted John Marcus Ramsay's petition challenging the BIA's denial of his motion to reopen removal proceedings. The court found the BIA misread Ramsay's arguments regarding reasonable due diligence for equitable tolling. Ramsay, a Jamaican lawful permanent resident deported in 2007 based on a drug conviction statute later found overbroad, was granted parole back to the US as a Navy veteran.
Petersen Energía vs. Argentine Republic - Shareholder Expropriation Appeal
The Second Circuit issued a decision in Petersen Energía and Eton Park vs. Argentine Republic and YPF S.A., affirming in part and reversing in part the lower court's $16.1 billion damages award to minority shareholders of an Argentine oil and gas company. The court held that the shareholders' breach of contract damages claims against Argentina and YPF are not cognizable under Argentine law, though remaining claims were also found without merit. The case returns to the Southern District of New York for further proceedings.
United States v. Fabian - Drug Trafficking Conviction Affirmed, Supervised Release Conditions Vacated
The Second Circuit affirmed Rafael Antonio Fabian's conviction for distributing and possessing with intent to distribute crack cocaine, upholding his 15-year prison sentence (well below the Guidelines recommendation of life). The court vacated the standard conditions of supervised release because the district court failed to inform Fabian at sentencing of these conditions, and remanded for further proceedings consistent with the opinion.
GEICO v. Mayzenberg - No-Fault Insurance Fraud
The Second Circuit vacated the District Court's summary judgment for GEICO in a no-fault insurance fraud case involving alleged kickback payments for patient referrals. Following the NY Court of Appeals' ruling that the Eligibility Regulation (11 N.Y.C.R.R. § 65-3.16(a)(12)) does not permit insurers to deny benefits based solely on alleged professional misconduct short of unlicensed control, the case was remanded for further proceedings.
Havlish v. Taliban - Consolidated Cases
The Second Circuit denied petitions for rehearing en banc in consolidated cases brought by victims of the September 11 attacks and other terrorism victims against the Taliban. The original panel decision stands. Judge Nardini concurred while Judges Sullivan, Menashi, Cabranes, and Calabresi dissented from the denial of en banc review.
Andi Gjoci v. Department of State - Diversity Visa Program
The D.C. Circuit affirmed the district court's dismissal of claims brought by selectees and beneficiaries of the FY2021 Diversity Immigrant Visa Program who challenged the State Department's administration of their visa applications during COVID-19 processing delays. The court upheld dismissal on mootness and standing grounds, incorporating prior circuit precedent that district courts lack authority to order the State Department to continue processing diversity visas beyond fiscal year deadlines.
Vidal v. Venettozzi - Prison Disciplinary Due Process
The Second Circuit vacated the Southern District of New York's grant of summary judgment to DOCCS officials in a civil rights case, holding that 180-270 days of disciplinary segregation in the Special Housing Unit constitutes an atypical and significant hardship triggering Fourteenth Amendment due process protections. The court remanded for further proceedings on Joseph Vidal's claim that he was denied the opportunity to call witnesses and present evidence at his disciplinary hearing.
Waldman v. Palestine Liberation Org. - Motion Decision
The Second Circuit decided a motion on March 30, 2026, in consolidated civil terrorism cases brought by American families against the Palestine Liberation Organization and Palestinian Authority. The case numbers are 15-3135-cv (L), 15-3151-cv (XAP), and 22-1060-cv (Con).
Equity One Franchisors v. State of Texas - Mandamus on Forum-Selection Clause
The Texas Court of Appeals, 9th District (Beaumont), partially granted mandamus relief in favor of Equity One Franchisors, LLC, regarding enforcement of forum-selection clauses in franchise agreements. The appellate court temporarily stayed trial court proceedings and conditionally granted the petition in part, directing the trial court to reconsider the Motion to Dismiss based on contractual forum-selection clauses.
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