Ninth Circuit Court of Appeals

Ninth Circuit Court of Appeals, Civil Procedure, Constitutional Law, Immigration

Padilla v. ICE — Asylum seekers apprehended away from the border may pursue detention due-process claims

automatic / September 21, 2026

The Ninth Circuit held that asylum seekers apprehended away from the border may pursue a due-process challenge to mandatory detention without bond hearings.

Ninth Circuit Court of Appeals, Administrative Law, Litigation

Blue Lake Rancheria v. Kalshi — Tribes likely to prevail against sports event contracts under IGRA

automatic / September 16, 2026

The Ninth Circuit held that California tribes were likely to prevail on an IGRA challenge to sports event contracts, while rejecting their Lanham Act theory.

Ninth Circuit Court of Appeals, Criminal Law

United States v. Mendonsa — Sentencing enhancement may use abuse outside the conviction offense

automatic / September 16, 2026

The Ninth Circuit upheld a child-pornography sentencing enhancement based on abuse outside the conviction offense and reliable state records.

Ninth Circuit Court of Appeals, Intellectual Property, Litigation

Doe v. GitHub — AI code-output allegations did not state a DMCA metadata claim

automatic / September 16, 2026

The Ninth Circuit held that programmers did not state a DMCA claim because they failed to allege removal of copyright information from copies of their own code.

Ninth Circuit Court of Appeals, Civil Procedure, Criminal Law

United States v. Tovar-Duran — Government Must Search for Requested Brady Material

automatic / September 14, 2026

The Ninth Circuit conditionally vacated an improper-entry conviction because the government failed to search for requested impeachment evidence and relied on layered hearsay.

Ninth Circuit Court of Appeals, Administrative Law, Immigration

U Visa Appellants v. USCIS — Advance Parole for Waitlisted Petitioners Is Discretionary

automatic / September 14, 2026

Waitlisted U-visa petitioners have no mandatory right to advance parole, though some waiting-list-delay theories require further district-court review.

Ninth Circuit Court of Appeals, Civil Procedure, Insurance Law, Personal Injury & Tort

In re Kia Hyundai Vehicle Theft Litigation — Korean Manufacturers Face Suit in California

automatic / September 14, 2026

Korean automakers’ California-bound shipments and U.S.-specific designs plausibly supported personal jurisdiction in nationwide vehicle-theft litigation.

Ninth Circuit Court of Appeals, Administrative Law, Constitutional Law, Real Estate Law

Powers v. McDonough — Ninth Circuit Declines En Banc Review of West Los Angeles Veterans Housing Ruling

automatic / September 11, 2026

The Ninth Circuit left standing a panel ruling concerning disability claims and supportive housing for homeless veterans at the VA’s West Los Angeles campus, over a lengthy dissent from denial of rehearing en banc.

Ninth Circuit Court of Appeals, Constitutional Law, Labor & Employment Law, Litigation

Lewis-Williams v. BART — Ninth Circuit Upholds Religious-Accommodation Verdict for Employees

automatic / September 11, 2026

The Ninth Circuit upheld a jury verdict for former BART employees who showed the agency could have accommodated sincere religious objections to its COVID-19 vaccination requirement without undue hardship.

Ninth Circuit Court of Appeals, Litigation, Personal Injury & Tort

Vella v. MACD Helicopters — Federal 18-Year Repose Period Bars Claims Over Police Helicopter Crash

automatic / September 9, 2026

The Ninth Circuit affirmed. GARA’s definition turns on whether a type or airworthiness certificate was issued and on the statutory operating characteristics, not on whether certification was legally required or whether a public agency owned and used the aircraft.

Ninth Circuit Court of Appeals, Constitutional Law, Healthcare Law, Litigation

Adom v. CDCR — ADA accommodation duty does not turn solely on medical necessity

automatic / September 8, 2026

The Ninth Circuit held that CDCR could not defeat an ADA accommodation claim solely by deeming requested incontinence supplies medically unnecessary.

Ninth Circuit Court of Appeals, Constitutional Law, Criminal Law

United States v. Gessen — Murder-for-hire can be a continuing offense supporting California venue

automatic / September 8, 2026

The Ninth Circuit held that murder-for-hire can be charged as a continuing offense and that an undercover intermediary need not genuinely agree to the killing.

Ninth Circuit Court of Appeals, Administrative Law, Immigration

Perez-Castillo v. Blanche — Immigration persecutor bar has no implied duress defense

automatic / September 8, 2026

The Ninth Circuit independently interpreted the immigration persecutor bar and held that it contains no implied duress defense.

Ninth Circuit Court of Appeals, Civil Procedure, Environmental Law, Litigation

Inland Empire Waterkeeper v. Corona Clay Company — Sackett Change Requires New Trial on Temescal Creek’s Federal Status

automatic / September 3, 2026

The Ninth Circuit ordered further proceedings on whether Temescal Creek remains federally covered after Sackett while holding that coverage is a merits issue, not jurisdictional.

Ninth Circuit Court of Appeals, Administrative Law, Immigration, Litigation

Urias-Gaxiola v. Blanche — Noncitizen must be allowed to prove counsel’s factual admission was wrong

automatic / September 2, 2026

The Ninth Circuit required an immigration judge to hear evidence that counsel’s written admission about a noncitizen’s entry was factually wrong.

Ninth Circuit Court of Appeals, Constitutional Law, Criminal Law, Litigation

United States v. Nasri — Foreign forfeiture requires control over the property

automatic / September 2, 2026

Due process requires actual or constructive control over foreign property before a federal court may exercise in rem forfeiture jurisdiction.

Ninth Circuit Court of Appeals, Banking & Finance, Business Transactions, Litigation

Construction Laborers Pension Trust v. Funko — Risk disclosures can mislead when the warned-of harm already exists

automatic / September 2, 2026

Funko shareholders plausibly alleged fraud where risk disclosures treated existing inventory and technology failures as merely hypothetical future problems.

Ninth Circuit Court of Appeals, Constitutional Law, Criminal Law

United States v. Morgovsky — Arms-export statute authorizes conspiracy regulation, defeating ineffective-assistance claim

automatic / August 31, 2026

The Ninth Circuit held that federal arms-export authority supports the conspiracy regulation and rejected collateral attacks contradicted by the plea record.

Ninth Circuit Court of Appeals, Labor & Employment Law, Litigation

Liu v. Kaiser Permanente Pension Plan — Substantial compliance can preserve an ERISA benefit election

automatic / August 31, 2026

The Ninth Circuit held that California substantial-compliance principles can preserve an ERISA pension election despite incomplete technical steps.

Ninth Circuit Court of Appeals, Administrative Law, Immigration

Garcia Morales v. Blanche — Ninth Circuit rejects entry-based asylum restriction and requires full mixed-motive analysis

automatic / August 31, 2026

The Ninth Circuit invalidated an entry-based asylum restriction in an individual case and required the agency to apply the complete mixed-motive persecution test.

Ninth Circuit Court of Appeals, Constitutional Law, Immigration

Jacques v. Blanche — Government’s misdirected immigration notices violated due process

automatic / August 28, 2026

The government violated due process by pursuing immigration appeals through notices mailed to an address it knew was not the detainee's location.

Ninth Circuit Court of Appeals, Immigration

Mbueno-Vita v. Blanche — Translation problems and trivial inconsistencies could not support adverse credibility finding

automatic / August 28, 2026

The Ninth Circuit rejected an adverse credibility finding built on trivial discrepancies and testimony distorted by evident interpretation problems.

Ninth Circuit Court of Appeals, Immigration

Parada Calderon v. Blanche — Torture claim cannot be rejected for lacking statistical proof

automatic / August 28, 2026

The Board of Immigration Appeals cannot demand statistical proof of torture when regulations require consideration of all relevant evidence.

Ninth Circuit Court of Appeals, Administrative Law, Constitutional Law, Litigation

Richards v. Newsom — Ninth Circuit Upholds Recording Rules for California Firearms Dealers

automatic / August 27, 2026

The Ninth Circuit upheld dismissal of First, Fourth, and Fifth Amendment challenges to California’s audiovisual-recording mandate for firearms dealers.

Ninth Circuit Court of Appeals, Administrative Law, Business Transactions, Constitutional Law

Rocky Patel Premium Cigars v. Bonta — California Unflavored Tobacco List Survives Injunction Challenge

automatic / August 27, 2026

The Ninth Circuit held California’s tobacco-list requirement is saved from federal preemption and presently imposes only a minimal commercial-speech burden on premium cigar makers.