Ninth Circuit Court of Appeals

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Hanan v. USCIS — Ninth Circuit holds the marriage fraud bar applies even when the noncitizen never applied for benefits based on the sham marriage, and that USCIS need not produce the ex-spouse for cross-examination

The Ninth Circuit affirms denial of an I-130 spousal petition under the marriage fraud bar, holding that the bar applies to attempts to enter sham marriages even without follow-on benefits applications and that USCIS need not produce the ex-spouse for cross-examination.

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Reach Community Development v. USDHS — Ninth Circuit stays Portland injunction barring tear gas at ICE protests, holding bystanders likely have no substantive-due-process right against incidental chemical exposure

The Ninth Circuit stays a Portland district court injunction barring federal officers from using tear gas to disperse demonstrators outside an ICE facility, holding that nearby apartment residents likely have no substantive-due-process right to be free from incidental chemical exposure.

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Dickinson v. Trump — Ninth Circuit stays Portland injunction restricting federal crowd-control tactics, faulting overbroad class relief and uniform-redesign order in protest-retaliation case

The Ninth Circuit stays a sweeping district court injunction that had restricted federal officers’ use of non-lethal crowd-control munitions and ordered ICE agent uniforms redesigned, holding the underlying First Amendment retaliation theory unlikely to succeed and the relief overbroad and imp

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County of San Bernardino v. Insurance Company of the State of Pennsylvania — Ninth Circuit holds policy’s aggregate limit does not apply to property damage, restoring per-occurrence coverage for Chino Airport environmental cleanup

The Ninth Circuit reverses the dismissal of the County of San Bernardino’s coverage suit against ICSOP for cleanup costs at the Chino Airport, holding that the policies’ aggregate limits provision is ambiguous and does not cap property-damage coverage.

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United States v. State of California — Ninth Circuit grants injunction barring enforcement of California’s No Vigilantes Act ID requirement against federal officers, holding the law violates the Supremacy Clause

The Ninth Circuit grants the United States an injunction pending appeal barring California from enforcing the No Vigilantes Act’s visible-identification requirement against federal officers, holding that the law likely violates the Supremacy Clause by directly regulating the federal government

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Moving Oxnard Forward v. Lopez — Ninth Circuit en banc upholds Oxnard’s per-candidate and aggregate campaign-contribution limits against First Amendment challenge

Sitting en banc, the Ninth Circuit upholds the City of Oxnard’s voter-enacted per-candidate and aggregate campaign-contribution limits, holding the City sufficiently demonstrated an anti-corruption interest and that the limits are closely drawn to that interest under Randall v. Sorrell.

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J.R. v. Ventura Unified School District — Ninth Circuit holds IDEA’s two-year clock starts when parents reasonably suspect inadequate special education, not when a later diagnosis confirms it

The Ninth Circuit holds that the IDEA’s two-year statute of limitations starts when parents know or should know that the school district has failed to assess their child and that the child’s education is inadequate, time-barring the family’s claims for special-education services re

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United States v. Bolandian — Ninth Circuit vacates insider-trading conviction, holding the trial court abdicated its duty to investigate a juror who said he might not be impartial

The Ninth Circuit vacates an insider-trading conviction because the trial court failed to investigate a juror who said he was unsure of being impartial, instead asking the juror to monitor his own bias, in violation of the Sixth Amendment right to an impartial jury.

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Shoshone-Bannock Tribes v. U.S. Department of the Interior — Ninth Circuit denies en banc rehearing in dispute over BLM land exchange involving 1900 ceded reservation lands, leaving panel ruling for the tribes intact

The Ninth Circuit denies panel rehearing and rehearing en banc in the tribes’ challenge to a BLM land exchange under FLPMA, leaving in place the panel’s ruling that an 1900 cession statute restricts disposal of certain Fort Hall ceded lands.

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McAuliffe v. Robinson Helicopter — Ninth Circuit holds GARA’s rolling 18-year repose period restarts for replacement parts even without substantive alteration, reviving Hawaiian crash family’s wrongful-death suit against Torrance manufacturer

The Ninth Circuit holds that GARA’s rolling provision restarts the 18-year statute of repose for replacement aircraft parts even when the new part is identical to the original, reviving a wrongful-death suit against Torrance-based Robinson Helicopter Company over a fatal Hawaiian sightseeing c

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