6 results for 'judge:"Sung"'.
J. Sung finds that the district court improperly entered judgment upholding the denial of social security benefits by an administrative law judge (ALJ) and remanded with the instruction that the district court remand to the agency for further proceedings. The matter is remanded to the Commissioner of Social Security so that an ALJ can further develop the record and make specific findings on whether the claimant had transferable work skills. Reversed.
Court: 9th Circuit, Judge: Sung, Filed On: March 26, 2024, Case #: 22-35427, Categories: Employment, Social Security
J. Sung finds that the district court properly dismissed a constitutional challenge to the designation of certain land in Multnomah County, Oregon, as “rural reserves” under the Oregon Land Reserves Statute. The property owners abandoned their facial constitutional claims on appeal and the matter was properly dismissed for failure to state a claim. Affirmed.
Court: 9th Circuit, Judge: Sung, Filed On: February 2, 2024, Case #: 21-35987, Categories: Property
J. Sung finds that the district court improperly denied Oregon State Governor Kate Brown and Director of the Oregon Health Authority Patrick Allen’s motion to dismiss a claim brought by Oregon state inmates for damages stemming from state officials’ assignment of a lower priority Covid-19 vaccination tier to state inmates than to correctional officers. The state officials were immune from liability for the vaccination prioritization claim under the Public Readiness and Emergency Preparedness Act. Reversed.
Court: 9th Circuit, Judge: Sung, Filed On: February 1, 2024, Case #: 22-35218, Categories: Covid-19, Prisoners' Rights
J. Sung denies in part and dismisses in part a company's petition for review and grants the National Labor Relations Board’s cross-petition for enforcement of its order, which found that the company committed unfair labor practices. Substantial evidence supported the finding that the company committed an unfair labor practice by refusing to rehire union-affiliated former employees so that it could avoid its statutory duty to bargain with a union.
Court: 9th Circuit, Judge: Sung, Filed On: October 18, 2023, Case #: 21-70225, Categories: Employment, Evidence
J. Sung finds that the district court improperly dismissed a matter for failure to state a claim in a Northwestern Band of the Shoshone Nation complaint against Idaho state officials concerning the interpretation of the 1868 Treaty of Fort Bridger between the United States and several bands of the Shoshone and Bannock Tribes. Under the treaty, the Shoshone and Bannock Tribes ceded most of their territory to the United States. At the same time, the Tribes expressly reserved their right to hunt on unoccupied lands of the United States. The 1868 Treaty does not make maintenance of the Tribes’ reserved hunting rights contingent on permanent residence. Reversed.
Court: 9th Circuit, Judge: Sung, Filed On: October 17, 2023, Case #: 22-35140, Categories: Property, Native Americans, Water
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J. Sung grants an immigrant's petition for review of an immigration judge’s decision upholding an asylum officer’s negative reasonable fear determination following the reinstatement of a prior order of removal. The immigrant’s credible testimony sufficiently established a reasonable fear of persecution or torture. The immigrant testified that three cartels seek to control the region around his hometown in Mexico. Autodefensa, a local community defense group, fights to prevent cartel influence. The cartels carry out weekly attacks to kill Autodefensa members, and target families of community defense members to erode resistance to cartel control. The immigrant's uncle is the leader of Autodefensa and his father and three other uncles are or were members, before some of them were killed. The immigrant fears that, if removed to Mexico, the cartels will discover his identity as a relative of Autodefensa members and kill him.
Court: 9th Circuit, Judge: Sung, Filed On: September 14, 2023, Case #: 18-71220, Categories: Immigration