10 results for 'judge:"VanDyke"'.
J. VanDyke finds that the district court improperly denied a Redwood City police officer qualified immunity in an action alleging constitutional and state law violations arising from the deadly shooting of an individual. Officers responded to a call involving a man attempting suicide with a knife in his backyard. When they arrived, they found the man’s wife covered in blood and frantically pleading for help. After making contact with police, the man moved toward officers while brandishing the knife and was subsequently shot and killed by one officer. Decedent's family failed to show that the officer’s conduct was objectively unreasonable. Reversed.
Court: 9th Circuit, Judge: VanDyke, Filed On: April 19, 2024, Case #: 22-17008, Categories: Civil Rights, Immunity
J. VanDyke partially affirmed a district court order denying the employer’s motion to compel arbitration in a class action suit alleging violations of California labor laws. During the pertinent period of employment, the employees worked at a California warehouse facility, which received Adidas watches, apparel, and shoes from mostly international locations. Although the employees moved goods only a short distance across the warehouse floor and onto storage racks, they nevertheless moved them, and with the direct purpose of facilitating their continued travel through an interstate supply chain. Further, the fact that the employer is in the warehousing business, not directly in the transportation industry, does not mean the employees cannot claim the transportation worker exemption of the Federal Arbitration Act. Affirmed in part.
Court: 9th Circuit, Judge: VanDyke, Filed On: March 12, 2024, Case #: 23-55147, Categories: Arbitration, Employment, Class Action
J. VanDyke grants an immigrant's petition for review of the Board of Immigration Appeals’ decision upholding the denial of asylum. The agency did not properly evaluate whether the immigrant's supporting evidence supported her claims of past persecution in Zambia on account of her sexual orientation.
Court: 9th Circuit, Judge: VanDyke, Filed On: March 11, 2024, Case #: 21-895, Categories: Immigration
J. VanDyke finds that the district court properly entered a sentence for possession with intent to distribute methamphetamine. Defendant alleges that his sentence was improper because of a lesser sentence given to his co-conspirator. The district court did not abuse its discretion in imposing a longer sentence on defendant than his co-conspirator because the two were not similarly situated. Affirmed.
Court: 9th Circuit, Judge: VanDyke, Filed On: November 8, 2023, Case #: 22-10300, Categories: Drug Offender, Sentencing
J. VanDyke grants a stay pending appeal after the State of Idaho enacted abortion restrictions following Dobbs v. Jackson Women’s Health Organization. Idaho placed abortion restrictions prompting the federal government to sue claiming that a "federal law unrelated to abortion preempts the will of the people of that state, through their elected representatives." No preemption in this matter exists, therefore the Idaho Legislature is entitled to a stay of the district court’s order improperly enjoining its abortion restrictions.
Court: 9th Circuit, Judge: VanDyke, Filed On: September 28, 2023, Case #: 22-35440, Categories: Health Care
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J. VanDyke grants a stay pending appeal after the State of Idaho enacted abortion restrictions following Dobbs v. Jackson Women’s Health Organization. Idaho placed abortion restrictions prompting the federal government to sue claiming that a "federal law unrelated to abortion preempts the will of the people of that state, through their elected representatives." No preemption in this matter exists, therefore the Idaho Legislature is entitled to a stay of the district court’s order improperly enjoining its abortion restrictions.
Court: 9th Circuit, Judge: VanDyke, Filed On: September 28, 2023, Case #: 23-35450, Categories: Health Care
J. VanDyke denies a petition for review of the Board of Immigration Appeals’ dismissal of an appeal by an immigrant of an immigration judge’s denial of cancellation of removal. The immigrant has been a lawful permanent resident of the United States since 2003. Since that time, he has been convicted of theft, criminal trespass, DUI and possession of heroin. The agency was correct in deciding that a stop-time rule is calculated from the date the immigrant committed a criminal offense that rendered him removable.
Court: 9th Circuit, Judge: VanDyke, Filed On: September 14, 2023, Case #: 21-1098, Categories: Drug Offender, Immigration
J. VanDyke finds that the district court improperly denied two individuals' motion for a preliminary injunction seeking to enjoin enforcement of California Penal Code sections that impose criminal penalties for the unlicensed open carry of a handgun. The district court did not apply the correct legal standard to deny the motion for a preliminary injunction. Reversed.
Court: 9th Circuit, Judge: VanDyke, Filed On: September 7, 2023, Case #: 23-15016, Categories: Constitution, Firearms
J. VanDyke finds that the district court properly entered summary judgment upholding an Administrative Review Board order awarding backpay plus pre- and post-judgment interest to sports reporter and producer, Majid Varess, who was employed by Persian Broadcast Service Global. Back pay is owed to Varess and the complaint is not time-barred. Affirmed.
Court: 9th Circuit, Judge: VanDyke, Filed On: August 1, 2023, Case #: 22-55254, Categories: Employment
J. VanDyke denies a petition for review of the Board of Immigration Appeals’ dismissal of their appeal of an immigration judge’s denial of asylum and related relief. The immigrant claimed that she was afraid to return to Guatemala because a woman had attempted to rob her after she withdrew money from a bank. The immigrant did not show how the agency made an error in concluding that her proposed social group comprised of “Guatemalan families that lack an immediate family male protector” was not cognizable.
Court: 9th Circuit, Judge: VanDyke, Filed On: June 7, 2023, Case #: 19-72024, Categories: Immigration