11 results for 'judge:"Nguyen"'.
J. Nguyen grants an immigrant's petition for review of the Board of Immigration Appeals’ dismissal of an appeal of an immigration judge’s denial of a motion for reconsideration and termination of an underlying removal order based on a defective notice to appear.
Court: 9th Circuit, Judge: Nguyen, Filed On: May 7, 2024, Case #: 19-72446, Categories: Immigration
J. Nguyen finds that the district court properly dismissed a nightclub operator's claim in an action alleging First Amendment and due process violations when the city suspended its license to operate a nightclub for thirty days following a shooting outside the club. The city found the club operated its venue in a manner that caused the shooting and created a public nuisance in violation of San Jose Municipal Code. The club failed to state a procedural due process claim. Affirmed.
Court: 9th Circuit, Judge: Nguyen, Filed On: April 30, 2024, Case #: 20-15085, Categories: Constitution, Municipal Law
J. Nguyen finds that the district court properly entered convictions on two defendants for Maritime Drug Law Enforcement Act violations which prohibits possession of a controlled substance with intent to distribute while on board a covered vessel. Defendants were arrested after the U.S. Coast Guard determined their speedboat was carrying at least 1,000 kilograms of cocaine off the coast of Ecuador. The United States treated the vessel as stateless and brought the matter under its jurisdiction. Defendants challenged the government’s jurisdiction, arguing the provision under which jurisdiction was exercised is unconstitutional. The definition of “vessel without nationality” does not conflict with international law. Affirmed.
Court: 9th Circuit, Judge: Nguyen, Filed On: January 17, 2024, Case #: 22-50154, Categories: Drug Offender, Jurisdiction
J. Nguyen finds that the district court properly denied injunctive relief in several cases in which individuals sued to compel U.S. Citizenship and Immigration Services to act on their applications for adjustment of status. The individuals are natives of India who have lawfully worked in the United States for years after their employers sponsored them for immigrant visas. The individuals have been waiting in a visa queue for more than 10 years. After the State Department estimated that it had reached the individuals’ places in line for adjustment of status, the State Department then revised its forecast and concluded that it had hit the visa cap for the year. The consolidated plaintiffs are unlikely to succeed on the merits. Affirmed.
Court: 9th Circuit, Judge: Nguyen, Filed On: December 1, 2023, Case #: 22-16700, Categories: Employment, Immigration
J. Nguyen finds that the district court properly denied defendant's motion in which he argued that his conviction for using a firearm during a crime of violence and its mandatory consecutive sentence should be vacated because his predicate crime, voluntary manslaughter, does not qualify as a crime of violence. Voluntary manslaughter has the same mental state as murder in that it contains the intent to commit "a violent act against another or recklessness with extreme indifference to human life." Affirmed.
Court: 9th Circuit, Judge: Nguyen, Filed On: October 17, 2023, Case #: 17-15104, Categories: Firearms, Sentencing, Manslaughter
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J. Nguyen finds that the district court properly entered summary judgment in favor of Alaska Railroad Corp. in its action against a property owners association after Alaska Railroad sought to quiet title in a railroad right-of-way and to clarify that its interest in the right-of-way includes an exclusive-use easement. The Alaska Railroad Act of 1914 authorized the creation of the Alaska Railroad, a federal railroad, and reserved railroad rights-of-way to the United States. Affirmed.
Court: 9th Circuit, Judge: Nguyen, Filed On: September 18, 2023, Case #: 22-35573, Categories: Property
J. Nguyen finds that the district court properly dismissed five actions filed by a company against Aetna Health of California, seeking to recover the difference in cost between the company's posted cash price for Covid-19 testing and the amount of reimbursement it received under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). There is not an implied private right of action for providers to sue insurers under the CARES Act. Affirmed.
Court: 9th Circuit, Judge: Nguyen, Filed On: September 7, 2023, Case #: 22-16034, Categories: Covid-19
J. Nguyen grants a petition for review of the Board of Immigration Appeals’ denial of an immigrant's motion to reopen immigration proceedings to apply for cancellation of removal. The BIA applied the incorrect legal standard for failure to establish a prima facie case for relief.
Court: 9th Circuit, Judge: Nguyen, Filed On: August 8, 2023, Case #: 20-71977, Categories: Immigration
J. Nguyen vacates defendant's sentence and remands for resentencing in a case in which defendant pleaded guilty to being a felon in possession of a firearm. The lower court erred when it increased the offense level based on a finding that defendant's prior Montana conviction for partner or family member assault (PFMA) qualified as a crime of violence under the sentencing guidelines. PFMA's definition of “bodily injury” includes more conduct than the “use of physical force.” Because the court must determine whether PFMA categorically requires violent force and not whether defendant actually used it in his prior offense, PFMA is not a crime of violence under the sentencing guidelines. Vacated.
Court: 9th Circuit, Judge: Nguyen , Filed On: June 26, 2023, Case #: 22-30050, Categories: Firearms, Sentencing
J. Nguyen grants a petition for review of a decision of the Board of Immigration Appeals. An immigrant's misrepresentations about his citizenship to police officers for the purpose of avoiding removal proceedings did not render him inadmissible and therefore ineligible for adjustment of status.
Court: 9th Circuit, Judge: Nguyen, Filed On: June 26, 2023, Case #: 21-70431, Categories: Immigration
J. Nguyen finds that the district court improperly entered summary judgment in favor of the United States in an action brought by an individual who alleged that a Transportation Security Officer (TSO) sexually assaulted her during an airport security screening. TSOs fall under the Federal Tort Claims Act's “law enforcement proviso,” which waives sovereign immunity for torts such as assault and battery committed by “investigative or law enforcement officers of the United States Government.” Reversed.
Court: 9th Circuit, Judge: Nguyen, Filed On: June 26, 2023, Case #: 22-15402, Categories: Civil Rights, Immunity, Assault