This document provides information for attorneys handling counseled immigration cases in the Ninth Circuit Court of Appeals. It outlines the court's contact information and addresses, electronic filing procedures, admission requirements, motions practice guidelines, briefing schedules, and other procedural rules. Key details include mandatory electronic filing for attorneys, a $230 fee for bar admission, a 10-day response deadline for motions, and briefing schedules set after ruling on any stay motion filed with the petition for review.
After opening a non immigration case by attorneys – 9th circuitUmesh Heendeniya
This document provides information for attorneys regarding procedures after opening a counseled non-immigration agency case in the United States Court of Appeals for the Ninth Circuit. It outlines the court's contact information and addresses, electronic filing requirements, admission to the bar requirements, briefing schedules, motions practice, and other procedural guidelines for litigating a case in the Ninth Circuit.
After opening an appeal case by attorneys – 9th circuitUmesh Heendeniya
This document provides information for attorneys on procedures after opening a counseled case in the United States Court of Appeals for the Ninth Circuit. It outlines contact information for court departments, electronic filing requirements, rules of practice, motions procedures, briefing schedules, requirements for briefs and excerpts of record, and requests for extensions of time.
After opening a non immigration case for pro se litigants – 9th circuitUmesh Heendeniya
This document from the United States Court of Appeals for the Ninth Circuit provides instructions for pro se petitioners filing non-immigration agency cases. It outlines key steps in the process such as including the case number on all documents, notifying the court of any address changes, paying required fees or applying for fee waiver, and filing briefs according to the court's time schedule order. It also provides an overview of the court's rules and procedures for brief formatting, electronic filing options, and requesting counsel.
After opening an appeals case by pro se litigants – 9th circuitUmesh Heendeniya
This document provides instructions for pro se appellants filing appeals in the United States Court of Appeals for the Ninth Circuit. It outlines key information about filing requirements, including maintaining contact information, filing fees, brief deadlines, and transcript requests. It also summarizes the appellate process, including the roles of opening, answering and reply briefs, and how cases are typically decided based on the submitted briefs unless oral arguments are requested.
Can my employer fire me for no reason?
an “at-will” employment state. This means that in most cases, your employer can fire you at any time for any reason, for a bad reason, or for no reason at all. So your employer can fire you for complaining about your boss’s lack of
Can my employer retaliate against me?
Generally, yes. Most retaliation is not illegal. You should contact Heins & Minko Employment Attorneys to find out if you case has merit.
Are there exceptions to employment at-will?
employment contract, it may contain language that says your employer can only fire you “for cause” (i.e., a good reason). Additionally, if your employer made an oral or written statement (including pre-employment statements) that tends to limit its ...
Am I eligible for unemployment if my employer fired me for a bad reason or no reason?
Yes. Even if your situation does not fall into one of the exceptions of employment at will listed here, you may still be eligible for unemployment benefits if your employer did not terminate you for misconduct.
What is illegal discrimination?
Discrimination is treating someone differently based on his/her membership in a “protected class.” Protected classes include race, color, creed, religion, national origin, gender, sexual orientation, marital status, physical or mental disability, receipt of public assistance, and age. ...
What is illegal harassment?
(see the preceding paragraph for a list of protected classes) that creates a hostile environment or adversely affects the individual’s employment. Most harassment claims are for sexual harassment. While morally wrong, harassment is not legally wrong unless the reason you are ...
Can I take medical or parental leave?
State and federal laws require some employers to provide eligible employees with leave for the birth, adoption, or foster care of a child, and to care for a serious health condition of the employee or his/her close relative. Eligible employees may sue for damages if their employer denies or ...
Is my employer required to accommodate my disability?
Employers must reasonably accommodate a qualified employee’s disability, unless the accommodation imposes an undue hardship on the employer.
Act 10 continues to cause controversy in Wisconsin
the law unconstitutional in Sept. 2012 and a stay was put on enforcing
Prison guard union vote allowed by state
On behalf of Heins Law Office LLC posted in Employment Disputes on Thursday, May 30, 2013.
President Obama praises Gap for raising wages
behalf of Heins & Minko posted in Employment Disputes on Friday, February 28, 2014. Wisconsin residents may be interested in recent comments by President Obama on a newly announced plan by Gap Inc. to raise its minimum wage. On Feb. 19, President Obama praised the ...
Wisconsin equal rights claim results in settlement
attorney who has
This document contains Georgia statutes related to appellate procedures and certiorari. It includes sample forms for notices of appeal and cross appeal for both civil and criminal cases. It also provides the grounds for dismissal of an appeal, such as failure to file notice of appeal on time or if the questions presented have become moot. The statutes allow courts to order amendments to correct errors or omissions to perfect the appeal. They also state that failure to perfect service shall not affect the validity of certiorari proceedings, only be grounds for continuance.
The document summarizes Wisconsin's implied consent and refusal laws. It provides:
1) A brief history of Wisconsin's drunk driving laws including the passage of the state's first implied consent law in 1969 which allowed license suspension for test refusal.
2) An overview of the implied consent process where drivers are deemed to consent to chemical testing upon arrest and penalties apply for refusal.
3) Details on the refusal hearing process where a defendant can request a hearing to challenge the refusal within 10 days or face automatic revocation. The issues considered are limited to probable cause for arrest, proper warnings by police, and whether a test was refused.
This practice direction provides guidance on preparing court bundles for family law cases in courts other than the Family Proceedings Court. It specifies requirements for contents, format, timelines for preparation and lodging, and potential penalties for non-compliance. Key requirements include dividing documents into sections, providing preliminary documents with summaries and statements, and lodging the bundle with the court at least two days before the hearing. Non-compliance may result in costs penalties or the case being removed from the list.
After opening a non immigration case by attorneys – 9th circuitUmesh Heendeniya
This document provides information for attorneys regarding procedures after opening a counseled non-immigration agency case in the United States Court of Appeals for the Ninth Circuit. It outlines the court's contact information and addresses, electronic filing requirements, admission to the bar requirements, briefing schedules, motions practice, and other procedural guidelines for litigating a case in the Ninth Circuit.
After opening an appeal case by attorneys – 9th circuitUmesh Heendeniya
This document provides information for attorneys on procedures after opening a counseled case in the United States Court of Appeals for the Ninth Circuit. It outlines contact information for court departments, electronic filing requirements, rules of practice, motions procedures, briefing schedules, requirements for briefs and excerpts of record, and requests for extensions of time.
After opening a non immigration case for pro se litigants – 9th circuitUmesh Heendeniya
This document from the United States Court of Appeals for the Ninth Circuit provides instructions for pro se petitioners filing non-immigration agency cases. It outlines key steps in the process such as including the case number on all documents, notifying the court of any address changes, paying required fees or applying for fee waiver, and filing briefs according to the court's time schedule order. It also provides an overview of the court's rules and procedures for brief formatting, electronic filing options, and requesting counsel.
After opening an appeals case by pro se litigants – 9th circuitUmesh Heendeniya
This document provides instructions for pro se appellants filing appeals in the United States Court of Appeals for the Ninth Circuit. It outlines key information about filing requirements, including maintaining contact information, filing fees, brief deadlines, and transcript requests. It also summarizes the appellate process, including the roles of opening, answering and reply briefs, and how cases are typically decided based on the submitted briefs unless oral arguments are requested.
Can my employer fire me for no reason?
an “at-will” employment state. This means that in most cases, your employer can fire you at any time for any reason, for a bad reason, or for no reason at all. So your employer can fire you for complaining about your boss’s lack of
Can my employer retaliate against me?
Generally, yes. Most retaliation is not illegal. You should contact Heins & Minko Employment Attorneys to find out if you case has merit.
Are there exceptions to employment at-will?
employment contract, it may contain language that says your employer can only fire you “for cause” (i.e., a good reason). Additionally, if your employer made an oral or written statement (including pre-employment statements) that tends to limit its ...
Am I eligible for unemployment if my employer fired me for a bad reason or no reason?
Yes. Even if your situation does not fall into one of the exceptions of employment at will listed here, you may still be eligible for unemployment benefits if your employer did not terminate you for misconduct.
What is illegal discrimination?
Discrimination is treating someone differently based on his/her membership in a “protected class.” Protected classes include race, color, creed, religion, national origin, gender, sexual orientation, marital status, physical or mental disability, receipt of public assistance, and age. ...
What is illegal harassment?
(see the preceding paragraph for a list of protected classes) that creates a hostile environment or adversely affects the individual’s employment. Most harassment claims are for sexual harassment. While morally wrong, harassment is not legally wrong unless the reason you are ...
Can I take medical or parental leave?
State and federal laws require some employers to provide eligible employees with leave for the birth, adoption, or foster care of a child, and to care for a serious health condition of the employee or his/her close relative. Eligible employees may sue for damages if their employer denies or ...
Is my employer required to accommodate my disability?
Employers must reasonably accommodate a qualified employee’s disability, unless the accommodation imposes an undue hardship on the employer.
Act 10 continues to cause controversy in Wisconsin
the law unconstitutional in Sept. 2012 and a stay was put on enforcing
Prison guard union vote allowed by state
On behalf of Heins Law Office LLC posted in Employment Disputes on Thursday, May 30, 2013.
President Obama praises Gap for raising wages
behalf of Heins & Minko posted in Employment Disputes on Friday, February 28, 2014. Wisconsin residents may be interested in recent comments by President Obama on a newly announced plan by Gap Inc. to raise its minimum wage. On Feb. 19, President Obama praised the ...
Wisconsin equal rights claim results in settlement
attorney who has
This document contains Georgia statutes related to appellate procedures and certiorari. It includes sample forms for notices of appeal and cross appeal for both civil and criminal cases. It also provides the grounds for dismissal of an appeal, such as failure to file notice of appeal on time or if the questions presented have become moot. The statutes allow courts to order amendments to correct errors or omissions to perfect the appeal. They also state that failure to perfect service shall not affect the validity of certiorari proceedings, only be grounds for continuance.
The document summarizes Wisconsin's implied consent and refusal laws. It provides:
1) A brief history of Wisconsin's drunk driving laws including the passage of the state's first implied consent law in 1969 which allowed license suspension for test refusal.
2) An overview of the implied consent process where drivers are deemed to consent to chemical testing upon arrest and penalties apply for refusal.
3) Details on the refusal hearing process where a defendant can request a hearing to challenge the refusal within 10 days or face automatic revocation. The issues considered are limited to probable cause for arrest, proper warnings by police, and whether a test was refused.
This practice direction provides guidance on preparing court bundles for family law cases in courts other than the Family Proceedings Court. It specifies requirements for contents, format, timelines for preparation and lodging, and potential penalties for non-compliance. Key requirements include dividing documents into sections, providing preliminary documents with summaries and statements, and lodging the bundle with the court at least two days before the hearing. Non-compliance may result in costs penalties or the case being removed from the list.
Delaware Riverkeeper Legal Primer on Becoming an Intervenor in the PennEast P...Marcellus Drilling News
Slide presentation by THE Delaware Riverkeeper attorney for the anti-fossil fuel faithful training them in their legal rights as an intervenvor with the Federal Energy Regulatory Commission.
The patent is for a system to manage and disseminate information from controlled environment facilities, such as jails or prisons. It involves storing resident and facility information in a database, selectively providing information to outside parties and professionals, and conducting reverse auctions for goods and services for residents. The system aims to reduce the administrative burden on facilities while selectively providing information to authorized individuals.
What happens when the Zoning Inspector's citation is appealed?
*content in this presentation is not legal advice. Please contact your attorney or my firm at trina@devanneylaw.com for more information
The grievance concerns a Postal Service policy requiring letter carriers in Frankfort, KY to provide verification of medical appointments for all scheduled sick leave requests of less than 3 days. The arbitrator found that the policy violated the Employee and Labor Relations Manual (ELM) which only allows supervisors to request verification for absences of 3 days or less on a case-by-case basis if the employee is on restricted sick leave or if verification is deemed necessary to protect the employer's interests. The blanket policy constituted an unreasonable and arbitrary application of the ELM. As such, the grievance was sustained.
This document is a motion filed by Arek Fressadi, a plaintiff-appellant, requesting permission to file an enlarged brief that exceeds the word count limit in his appeal before the Ninth Circuit Court of Appeals. Fressadi is appealing the dismissal of his lawsuit against multiple defendants regarding due process violations that occurred over 15 years. Fressadi argues that additional words were needed to adequately address the district court's rulings given the numerous parties and issues involved spanning 15 years of concealed due process violations. Fressadi submits a revised brief of 15,923 words, reduced from the original, and certifies it complies with formatting rules.
This document outlines the disciplinary procedures for government servants in India. It discusses the purpose and authorities for disciplinary proceedings, the roles of those involved, and the stages of conducting an inquiry. These include framing a charge sheet, conducting an inquiry, issuing an inquiry report, and the procedures for imposing both minor and major penalties. The document provides details on the composition of charge sheets, conducting departmental inquiries, the roles of various officials, and communicating the final order.
Administrative law governs administrative agencies and aims to standardize their rulemaking processes. The federal Administrative Procedure Act of 1946 and subsequent state-level acts like New York's State Administrative Procedure Act provide uniform procedures for agencies to propose and establish regulations. These acts establish standardized processes for rulemaking, adjudication, and licensing to promote consistency, transparency and fairness across agencies. Healthcare is significantly impacted as most state health agencies are subject to requirements under administrative law and rulemaking procedures.
This document provides an overview of pre-trial motions, including the pros and cons of filing pre-trial motions, options after a pre-trial motion is lost, the basics of filing motions, and types of common pre-trial motions such as motions to quash, motions to strike, demurrers, judgment on the pleadings, summary judgment motions, and motions in limine. It discusses the requirements and purpose of each type of motion, and provides concrete examples to illustrate how each motion may be used.
This document summarizes an appeal hearing regarding an employment tribunal case. It outlines the procedural history of the case, including interlocutory orders made by Chairman Peters at a pre-hearing discussion. The appellant appealed these orders out of time. The judge dismissed the appeal, finding no exceptional circumstances to justify extending the time limit for appeal. In particular, the judge was unconvinced that Chairman Peters had overlooked clearly relevant documents in his discovery decision.
The document is a petition for writ of certiorari filed by the State of Florida (the petitioner) in the District Court of Appeal. The petition seeks review of a circuit court order denying the petitioner's request to strike a juror for cause and denying the petitioner's request to use remaining peremptory challenges. The petitioner asserts the circuit court departed from the essential requirements of law by improperly denying for cause challenges and limiting the petitioner's use of peremptory challenges, thereby prejudicing jury selection. The petitioner requests the appellate court quash the circuit court's order and allow the petitioner to exercise remaining peremptory strikes to select a new jury.
Answering Brief by Newtown Estates Community AssociationAngela Kaaihue
Answering Brief by Newtown Estates Community Association
ANGELA KAAIHUE -VS- NEWTOWN ESTATES COMMUNITY ASSOCIATION- OPENING BRIEF CAAP-19-0000806
NEWTOWN ESTATES COMMUNITY ASSOCIATION
Hawaii Appellant Court Supreme Court judge castegnetti, judge jeffrey crabtree, judge karen t. nakasone, judge katherine g. leonard, judge keith hiraoka, judge lisa m. ginoza, judge sonja mccullen, judge clyde j. wadsworth, judge karen holma, judge gary W.B. chang
Anhing v. Viet Phu - Order denying defendant's motion for attorney's feesRobert Scott Lawrence
Order denying defendant Viet Phu's post-trial motion for attorneys fees, noting that under the Lanham Act a prevailing defendant is only entitled to fees in exceptional cases.
This document provides an overview of civil procedure in India according to the Code of Civil Procedure 1908. It outlines the different types of civil courts and their jurisdiction based on claim amounts. It also describes the different types of processes issued by courts, such as summons, warrants, and notices. It discusses injunctions, stay orders, and writs that can be issued. It notes requirements for filing suits against the government and allows for second appeals in cases with substantial legal questions. Key terms like judgment and decree are also defined. Caveats filed in anticipation of orders are also summarized.
Dangerous liaisons study showing that revolving door at sec creates risk of...Umesh Heendeniya
This document discusses the revolving door between the SEC and the financial industry it regulates. It uses the example of former SEC employees lobbying to block Mary Schapiro's 2012 proposal to tighten regulations on money market funds. These former employees, now representing financial firms, met with the SEC and Congress to oppose the proposal. The document suggests their industry experience and connections may have influenced the SEC, including Commissioner Luis Aguilar who previously worked in the money management industry and helped block the proposal. It argues this revolving door can undermine the SEC's independence and ability to properly regulate Wall Street in the public interest.
This document is a petition for writ of certiorari to the Supreme Court regarding a class action lawsuit. The petition addresses two questions: 1) whether SLUSA precludes class actions alleging fraud related to transactions in covered securities, and 2) whether SLUSA precludes class actions alleging aiding and abetting of fraud related to covered securities when the defendants did not make misrepresentations. There is a circuit split on both issues. The petition asks the Supreme Court to resolve the conflicting interpretations of SLUSA.
Section 1983 Litigation by Karen Blum - 136 pagesUmesh Heendeniya
This chapter discusses the "under color of law" element of a Section 1983 claim. It explains that this element is typically met when government employees are performing their official duties. However, when private actors are involved, courts examine whether there was joint action between public and private parties, an intertwined relationship, state encouragement of the private conduct, or a public function was performed. The chapter provides that when suing a government entity, such as a city or county, the "under color of law" requirement is met because the entity was created by state law. Government employees generally act "under color of law" when performing their job duties, even if contrary to state law or when exercising professional discretion.
Usa vs. arhndt judge says police need a warrant to view files on wireless n...Umesh Heendeniya
This document provides background on a case involving the suppression of evidence obtained without a warrant. John Henry Ahrndt was indicted on child pornography charges. His motion to suppress was initially denied but was later granted by the Ninth Circuit which remanded the case. At a second evidentiary hearing, testimony was provided that a neighbor had connected to Ahrndt's unsecured wireless network and viewed file names suggesting child pornography. Police were contacted and viewed one image before losing the connection. Ahrndt now moves again to suppress the evidence against him.
Ins immigration prosecutorial discretion memo from general counselUmesh Heendeniya
The document discusses the benefits of exercise for mental health. Regular physical activity can help reduce anxiety and depression and improve mood and cognitive functioning. Exercise causes chemical changes in the brain that may help protect against mental illness and improve symptoms.
Delaware Riverkeeper Legal Primer on Becoming an Intervenor in the PennEast P...Marcellus Drilling News
Slide presentation by THE Delaware Riverkeeper attorney for the anti-fossil fuel faithful training them in their legal rights as an intervenvor with the Federal Energy Regulatory Commission.
The patent is for a system to manage and disseminate information from controlled environment facilities, such as jails or prisons. It involves storing resident and facility information in a database, selectively providing information to outside parties and professionals, and conducting reverse auctions for goods and services for residents. The system aims to reduce the administrative burden on facilities while selectively providing information to authorized individuals.
What happens when the Zoning Inspector's citation is appealed?
*content in this presentation is not legal advice. Please contact your attorney or my firm at trina@devanneylaw.com for more information
The grievance concerns a Postal Service policy requiring letter carriers in Frankfort, KY to provide verification of medical appointments for all scheduled sick leave requests of less than 3 days. The arbitrator found that the policy violated the Employee and Labor Relations Manual (ELM) which only allows supervisors to request verification for absences of 3 days or less on a case-by-case basis if the employee is on restricted sick leave or if verification is deemed necessary to protect the employer's interests. The blanket policy constituted an unreasonable and arbitrary application of the ELM. As such, the grievance was sustained.
This document is a motion filed by Arek Fressadi, a plaintiff-appellant, requesting permission to file an enlarged brief that exceeds the word count limit in his appeal before the Ninth Circuit Court of Appeals. Fressadi is appealing the dismissal of his lawsuit against multiple defendants regarding due process violations that occurred over 15 years. Fressadi argues that additional words were needed to adequately address the district court's rulings given the numerous parties and issues involved spanning 15 years of concealed due process violations. Fressadi submits a revised brief of 15,923 words, reduced from the original, and certifies it complies with formatting rules.
This document outlines the disciplinary procedures for government servants in India. It discusses the purpose and authorities for disciplinary proceedings, the roles of those involved, and the stages of conducting an inquiry. These include framing a charge sheet, conducting an inquiry, issuing an inquiry report, and the procedures for imposing both minor and major penalties. The document provides details on the composition of charge sheets, conducting departmental inquiries, the roles of various officials, and communicating the final order.
Administrative law governs administrative agencies and aims to standardize their rulemaking processes. The federal Administrative Procedure Act of 1946 and subsequent state-level acts like New York's State Administrative Procedure Act provide uniform procedures for agencies to propose and establish regulations. These acts establish standardized processes for rulemaking, adjudication, and licensing to promote consistency, transparency and fairness across agencies. Healthcare is significantly impacted as most state health agencies are subject to requirements under administrative law and rulemaking procedures.
This document provides an overview of pre-trial motions, including the pros and cons of filing pre-trial motions, options after a pre-trial motion is lost, the basics of filing motions, and types of common pre-trial motions such as motions to quash, motions to strike, demurrers, judgment on the pleadings, summary judgment motions, and motions in limine. It discusses the requirements and purpose of each type of motion, and provides concrete examples to illustrate how each motion may be used.
This document summarizes an appeal hearing regarding an employment tribunal case. It outlines the procedural history of the case, including interlocutory orders made by Chairman Peters at a pre-hearing discussion. The appellant appealed these orders out of time. The judge dismissed the appeal, finding no exceptional circumstances to justify extending the time limit for appeal. In particular, the judge was unconvinced that Chairman Peters had overlooked clearly relevant documents in his discovery decision.
The document is a petition for writ of certiorari filed by the State of Florida (the petitioner) in the District Court of Appeal. The petition seeks review of a circuit court order denying the petitioner's request to strike a juror for cause and denying the petitioner's request to use remaining peremptory challenges. The petitioner asserts the circuit court departed from the essential requirements of law by improperly denying for cause challenges and limiting the petitioner's use of peremptory challenges, thereby prejudicing jury selection. The petitioner requests the appellate court quash the circuit court's order and allow the petitioner to exercise remaining peremptory strikes to select a new jury.
Answering Brief by Newtown Estates Community AssociationAngela Kaaihue
Answering Brief by Newtown Estates Community Association
ANGELA KAAIHUE -VS- NEWTOWN ESTATES COMMUNITY ASSOCIATION- OPENING BRIEF CAAP-19-0000806
NEWTOWN ESTATES COMMUNITY ASSOCIATION
Hawaii Appellant Court Supreme Court judge castegnetti, judge jeffrey crabtree, judge karen t. nakasone, judge katherine g. leonard, judge keith hiraoka, judge lisa m. ginoza, judge sonja mccullen, judge clyde j. wadsworth, judge karen holma, judge gary W.B. chang
Anhing v. Viet Phu - Order denying defendant's motion for attorney's feesRobert Scott Lawrence
Order denying defendant Viet Phu's post-trial motion for attorneys fees, noting that under the Lanham Act a prevailing defendant is only entitled to fees in exceptional cases.
This document provides an overview of civil procedure in India according to the Code of Civil Procedure 1908. It outlines the different types of civil courts and their jurisdiction based on claim amounts. It also describes the different types of processes issued by courts, such as summons, warrants, and notices. It discusses injunctions, stay orders, and writs that can be issued. It notes requirements for filing suits against the government and allows for second appeals in cases with substantial legal questions. Key terms like judgment and decree are also defined. Caveats filed in anticipation of orders are also summarized.
Dangerous liaisons study showing that revolving door at sec creates risk of...Umesh Heendeniya
This document discusses the revolving door between the SEC and the financial industry it regulates. It uses the example of former SEC employees lobbying to block Mary Schapiro's 2012 proposal to tighten regulations on money market funds. These former employees, now representing financial firms, met with the SEC and Congress to oppose the proposal. The document suggests their industry experience and connections may have influenced the SEC, including Commissioner Luis Aguilar who previously worked in the money management industry and helped block the proposal. It argues this revolving door can undermine the SEC's independence and ability to properly regulate Wall Street in the public interest.
This document is a petition for writ of certiorari to the Supreme Court regarding a class action lawsuit. The petition addresses two questions: 1) whether SLUSA precludes class actions alleging fraud related to transactions in covered securities, and 2) whether SLUSA precludes class actions alleging aiding and abetting of fraud related to covered securities when the defendants did not make misrepresentations. There is a circuit split on both issues. The petition asks the Supreme Court to resolve the conflicting interpretations of SLUSA.
Section 1983 Litigation by Karen Blum - 136 pagesUmesh Heendeniya
This chapter discusses the "under color of law" element of a Section 1983 claim. It explains that this element is typically met when government employees are performing their official duties. However, when private actors are involved, courts examine whether there was joint action between public and private parties, an intertwined relationship, state encouragement of the private conduct, or a public function was performed. The chapter provides that when suing a government entity, such as a city or county, the "under color of law" requirement is met because the entity was created by state law. Government employees generally act "under color of law" when performing their job duties, even if contrary to state law or when exercising professional discretion.
Usa vs. arhndt judge says police need a warrant to view files on wireless n...Umesh Heendeniya
This document provides background on a case involving the suppression of evidence obtained without a warrant. John Henry Ahrndt was indicted on child pornography charges. His motion to suppress was initially denied but was later granted by the Ninth Circuit which remanded the case. At a second evidentiary hearing, testimony was provided that a neighbor had connected to Ahrndt's unsecured wireless network and viewed file names suggesting child pornography. Police were contacted and viewed one image before losing the connection. Ahrndt now moves again to suppress the evidence against him.
Ins immigration prosecutorial discretion memo from general counselUmesh Heendeniya
The document discusses the benefits of exercise for mental health. Regular physical activity can help reduce anxiety and depression and improve mood and cognitive functioning. Exercise causes chemical changes in the brain that may help protect against mental illness and improve symptoms.
Radcliffe v. Experian - Class action representatives' conflict of interestUmesh Heendeniya
The panel reversed the district court's approval of a class action settlement between consumers and credit reporting agencies. The panel found that the named class representatives and class counsel did not adequately represent the interests of absent class members. Specifically, the settlement agreement conditioned incentive awards for the class representatives on their support for the settlement. This created a divergence of interests, as the incentive awards far exceeded what absent class members would receive. Due to this conflict of interest, the district court should not have approved the settlement.
Gatto v. United Air Lines, Inc. - Spoliation Instruction in Facebook Account ...Umesh Heendeniya
Gatto vs. United Air Lines, Inc. - Spoliation Instruction in Facebook Account Deletion.
Frank Gatto, United Air Lines, Allied Aviation Services, Spoliation Instruction, Destroying Evidence.
After opening a non immigration case by attorneys – 9th circuitUmesh Heendeniya
This document provides information for attorneys on procedures after opening a counseled non-immigration agency case in the United States Court of Appeals for the Ninth Circuit. It outlines filing addresses and contact information, electronic filing requirements, admission to the bar requirements, briefing schedules, motions practice, oral argument procedures, and the mediation program.
After opening an appeal case by attorneys – 9th circuitUmesh Heendeniya
This document provides information for attorneys on procedures after opening a counseled case in the United States Court of Appeals for the Ninth Circuit. It outlines contact information for court departments, electronic filing requirements, rules of practice, motions procedures, briefing schedules, requirements for briefs and excerpts of record, and requests for extensions of time.
This document provides a guide for perfecting an appeal in the Ninth Circuit Court of Appeals. It outlines initial considerations such as obtaining the Federal Rules of Appellate Procedure and Ninth Circuit Rules. It also summarizes the briefing, excerpts of record, and oral argument processes. Key deadlines and requirements are highlighted for each stage of an appeal. Contact information for the Ninth Circuit is also provided.
After opening an immigration case for pro se litigants – 9th circuitUmesh Heendeniya
This document provides guidance to pro se petitioners filing immigration cases in the United States Court of Appeals for the Ninth Circuit. It outlines important information about filing requirements, including maintaining contact information, paying fees, filing briefs and motions, and requesting stays of removal. Special notes are provided for electronic filing and requesting counsel. Forms and an informal brief template are included to assist pro se petitioners in properly filing their cases.
After opening an immigration case for pro se litigants – 9th circuitUmesh Heendeniya
This document from the United States Court of Appeals for the Ninth Circuit provides instructions for pro se (self-represented) petitioners in immigration cases. It outlines key points about filing documents with the correct case number, notifying the court of address changes, paying required fees or applying for fee waiver, and submitting briefs that present legal arguments and state what outcome is sought from the appeals court. The document also provides an overview of the federal appeals process and directs petitioners to additional resources on procedural rules and forms.
After opening a non immigration case for pro se litigants – 9th circuitUmesh Heendeniya
The document provides information for pro se petitioners filing cases in the United States Court of Appeals for the Ninth Circuit. It includes addresses and contact information for the court, filing requirements and deadlines, instructions on submitting briefs and motions, and general guidelines for representing oneself without an attorney. The document aims to clearly explain court procedures and ensure pro se petitioners understand how to properly prepare and submit their cases.
After opening an appeals case by pro se litigants – 9th circuitUmesh Heendeniya
This document provides instructions for pro se appellants filing appeals in the United States Court of Appeals for the Ninth Circuit. It outlines key information about filing requirements, including maintaining contact information, filing fees, brief deadlines, and transcript requests. It also summarizes the appellate process, including the roles of opening, answering and reply briefs, and how cases are typically decided based on the submitted briefs unless oral arguments are requested.
Appeals: Rules 61, 62 and 63, Rules of Civil Procedure, RRO 1990, Reg 194Evelyn Perez Youssoufian
This document provides an overview of the rules and procedures for appeals to the Court of Appeal for Ontario and the Divisional Court. It discusses where to find relevant rules and guidelines, how to determine the appropriate appeal route, requirements for filing motions for leave to appeal, and procedures for compiling motion records and factums. The key points are that appeals require adhering to strict timing requirements and filing procedures set out in the Courts of Justice Act and Rules of Civil Procedure, and that leave to appeal is needed for some appeal routes but not others.
This document provides information about the civil appeals process in Massachusetts courts. It explains that if a party is dissatisfied with a trial court judgment, they have the right to appeal after final judgment. It outlines the steps to file an appeal, including filing a notice of appeal within 30 days, ordering transcripts if needed, docketing the appeal by paying a fee, and filing an appellant's brief and record appendix within 40 days. The brief must follow specific formatting rules and include sections like statements of issues, facts, and legal argument supported by authorities.
Scientific Working Group on Digital Evidence (SWGDE)David Sweigert
This document summarizes three draft reports from the Scientific Working Group on Digital Evidence and requests public comments on the reports. It provides contact information for the public to access the draft reports and submit comments by May 30, 2014. The reports relate to establishing digital forensics as a forensic science discipline, best practices for examining magnetic card readers, and best practices for forensic audio examination.
The document provides an overview of the appellate process in the Fourth District Court of Appeal. It describes that the court hears both criminal and civil appeals from lower courts' decisions. It then outlines the basic steps in an appeal, including starting an appeal by filing a notice, preparing the record and transcripts, writing briefs, requesting oral argument, and receiving a decision from the appellate court in the form of an opinion. It also discusses the concepts of preserving errors and determining whether errors were harmful or harmless.
Leon Fresco June 3, 2016 Flores memorandumBryan Johnson
This document responds to Plaintiffs' motion to enforce the Flores Settlement Agreement and appoint a special monitor. It argues that CBP has implemented standards and procedures to ensure compliance with the Agreement, monitors compliance, and that its facilities comply with the Agreement. It also argues that ICE family residential centers operate in a manner consistent with prior court orders. The document provides background on CBP and ICE facilities and asserts that Plaintiffs' motion seeks to improperly re-litigate issues already decided by the court.
The document outlines the typical process for contesting parking violations in New York City administrative courts. It begins with an inspection that results in a notice of violation, followed by opportunities for hearings and appeals. It then provides strategies for attacking violations, such as scrutinizing the inspection and drafting of the violation. The document also details the hearing process, including how to submit evidence, examine witnesses, and make legal arguments.
Sample plaintiffs opposition to motion for judgment on the pleadings in Calif...LegalDocsPro
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After opening an immigration case by attorneys – 9th circuit
1. UNITED STATES COURT OF APPEALS for the NINTH CIRCUIT
Office of the Clerk
After Opening a Case – Counseled Immigration Cases
(revised December 2012)
Court Address – San Francisco Headquarters
Mailing Address for Mailing Address for Street Address
U.S. Postal Service Overnight Delivery
(FedEx, UPS, etc.)
Office of the Clerk Office of the Clerk 95 Seventh Street
James R. Browning James R. Browning San Francisco, CA
Courthouse Courthouse 94103
U.S. Court of Appeals U.S. Court of Appeals
P.O. Box 193939 95 Seventh Street
San Francisco, CA San Francisco, CA
94119-3939 94103-1526
Court Addresses – Divisional Courthouses
Pasadena Portland Seattle
Richard H. Chambers Pioneer Courthouse William K. Nakamura
Courthouse 700 SW 6th Ave, Ste 110 Courthouse
125 South Grand Avenue Portland, OR 97204 1010 Fifth Avenue
Pasadena, CA 91105 Seattle, WA 98104
Court Website – www.ca9.uscourts.gov
The Court’s website contains the Court’s Rules and General Orders, information
about electronic filing of documents, answers to frequently asked questions,
directions to the courthouses, forms necessary to gain admission to the bar of the
Court, opinions and memoranda, recordings of oral arguments, links to practice
manuals, and an invitation to join our Pro Bono Program.
3. Rules of Practice
The Federal Rules of Appellate Procedure (Fed. R. App. P.), the Ninth Circuit
Rules (9th Cir. R.) and the General Orders govern practice before this Court. The
rules are available on the Court’s website at www.ca9.uscourts.gov under Rules.
Practice Resources
The following resources are on the Court’s website, www.ca9.uscourts.gov, under
FAQs, Forms and Instructions -> Guides and Legal Outlines.
• The Court’s Immigration Outline, providing a comprehensive discussion of
applicable law.
• American Immigration Law Foundation's Practice Advisory on How to File a
Petition for Review (August 2009), reprinted on the Court’s website with
permission.
• The Court's practice guide video entitled Perfecting Your Appeal. The video
may be viewed for free on the Court’s website at www.ca9.uscourts.gov and
may be purchased through the Clerk’s office in San Francisco for $15.00.
Continuing legal education credit for viewing this videotape is available in most
jurisdictions.
Admission to the Bar of the Ninth Circuit
All attorneys practicing before the Court must be admitted to the Bar of the Ninth
Circuit. Fed. R. App. P. 46(a); 9th Cir. R. 46-1.1 & 46-1.2.
To apply for admission, obtain an application on the Court’s website at
www.ca9.uscourts.gov under Forms or by calling (415) 355-7800. If you are
registered for the 9th Circuit's Appellate ECF system, upload your application and
pay the $230.00 fee with a credit card by logging into Appellate ECF and clicking
on Utilities > Attorney Admission. Otherwise, mail the application to the Clerk’s
Office in San Francisco with the admission fee of $230.00. Your check or money
order must be included with the application.
After Opening a Case – Counseled Immigration Cases Page 3
4. Notice of Change of Address
Counsel who are registered for Appellate ECF must update their personal
information, including street addresses and/or email addresses, online at:
https://pacer.psc.uscourts.gov/psco/cgi-bin/cmecf/ea-login.pl 9th Cir. R. 46-3.
Counsel who have been granted an exemption from using Appellate ECF must file
a written change of address with the Court. 9th Cir. R. 46-3.
Payment of Fees
The $450.00 filing fee or a motion to proceed in forma pauperis shall accompany
the petition for review. 9th Cir. R. 3-1.
A motion to proceed in forma pauperis must be supported by the affidavit of
indigency found at Form 4 of the Federal Rules of Appellate Procedure, available
on the Court’s website, www.ca9.uscourts.gov, under Forms.
Failure to satisfy the fee requirement or to apply to proceed without payment of
fees will result in the petition’s dismissal. 9th Cir. R. 42-1.
Motions Practice
Following are some of the basic points of motion practice, governed by Fed. R.
App. P. 27 and 9th Cir. R. 27-1 through 27-13.
• Each motion in an immigration case must inform the Court whether
petitioner is in the custody of the Department of Homeland Security or at
liberty. 9th Cir. R. 27-8.2.
• Neither a notice of motion nor a proposed order is required. Fed. R. App. P.
27(a)(2)(C)(ii), (iii).
• Motions may be supported by an affidavit or declaration. 28 U.S.C. § 1746.
• Each motion should provide the position of the opposing party. Circuit
Advisory Committee Note to Rule 27-1(5); 9th Cir. R. 31-2.2(b)(6).
• A response to a motion is due 10 days from the service of the motion. Fed.
R. App. P. 27(a)(3)(A). The reply is due 7 days from service of the
response. Fed. R. App. P. 27(a)(4); Fed. R. App. P. 26(c).
• A response requesting affirmative relief and/or relief by a date certain must
After Opening a Case – Counseled Immigration Cases Page 4
5. include that request in the caption. Fed. R. App. P. 27(a)(3)(B).
• A motion filed after a case has been scheduled for oral argument, has been
argued, is under submission or has been decided by a panel, must include on
the initial page and/or cover the date of argument, submission or decision
and, if known, the names of the judges on the panel. 9th Cir. R. 25-4.
Emergency or Urgent Motions
All emergency and urgent motions must conform with the provisions of 9th Cir. R.
27-3. Note that a motion requesting procedural relief (e.g., an extension of time to
file a brief) is not the type of matter contemplated by 9th Cir. R. 27-3. Circuit
Advisory Committee Note to 27-3(3).
Prior to filing an emergency motion, the moving party must contact an attorney in
the Motions Unit in San Francisco at (415) 355-8020.
When it is absolutely necessary to notify the Court of an emergency outside of
standard office hours, the moving party shall call (415) 355-8000. Keep in mind
that this line is for true emergencies that cannot wait until the next business day
(e.g., an imminent execution or removal from the United States).
Motions to Stay Removal
The filing of a motion to stay removal temporarily stays the order of removal until
further order of the Court. Deleon v. INS, 115 F.3d 643 (9th Cir. 1997); Ninth
Circuit General Order 6.4(c)(1).
Any such motion must discuss the merits of the petition and the specific hardships
that petitioner will suffer if removed. Nken v. Holder, 129 S. Ct. 1749 (2009).
If the motion to stay is filed with the petition for review, the briefing schedule will
not be set until the Court resolves the motion. General Order 6.4(c)(1). If no
motion to stay is filed with the petition for review, a briefing schedule will be set
and there will be no stay in place. A later-filed motion to stay vacates the existing
briefing schedule.
The response to the motion to stay is due 90 days from the filing of the motion
(during which time petitioner is covered by the temporary stay described above).
After Opening a Case – Counseled Immigration Cases Page 5
6. If respondent fails to submit a response within the time set, the silence will be
construed as a statement of non-opposition, a briefing schedule will be set and the
stay will continue absent further order of the Court. General Order 6.4(c)(1). Any
reply is due 7 days from service of an opposition.
Briefing Schedule
The briefing schedule is set when the Court dockets the petition for review, unless
a motion to stay removal is filed with the petition. If a stay motion is filed, the
briefing schedule is set after disposition of the motion.
Certain motions (e.g., a motion to dismiss the case) automatically stay the briefing
schedule. 9th Cir. R. 27-11.
The briefing schedule is dependent upon the respondent’s timely filing of the
certified administrative record. If the record is late, the Court will revise the
schedule; no motion by petitioner is necessary.
The opening and answering brief due dates (and any other deadline set for a
date certain by the Court) are not subject to the additional time described in Fed. R.
App. P. 26(c). The early filing of petitioner’s opening brief does not advance the
due date for respondent’s answering brief. 9th Cir. R. 31-2.1.
Extensions of Time to file a Brief
Streamlined Request
If you have not yet asked for any extension of time to file the brief, you may request
one streamlined extension of up to 30 days from the brief’s existing due date.
Submit your request via the Appellate ECF system using the “File a Streamlined
Request to Extend Time to File Brief” event on or before your brief’s existing due
date. No form or written motion is required.
Written Extension
Requests for extensions of more than 14 days will be granted only upon a written
motion supported by a showing of diligence and substantial need. This motion
shall be filed at least 7 days before the due date for the brief. The motion shall be
accompanied by an affidavit or declaration that includes all of the information
listed at 9th Cir. R. 31-2.2(b).
After Opening a Case – Counseled Immigration Cases Page 6
7. The Court will ordinarily adjust the schedule in response to an initial motion.
Circuit Advisory Committee Note to Rule 31-2.2. The Court expects that the brief
will be filed within the requested period of time. Id.
Contents of Briefs
The required components of a brief are set out at Fed. R. App. P. 28 and 32, and
9th Cir. R. 28-2, 32-1 and 32-2.
Additionally, an opening brief filed in a petition challenging a decision of the
Board of Immigration Appeals must state whether petitioner (1) is detained in the
custody of the Department of Homeland Security or at liberty and/or (2) has moved
the Board of Immigration Appeals to reopen or applied to the district director for
an adjustment of status. 9th Cir. R. 28-2.4(b).
The petitioner’s opening brief must include an addendum, bound with the brief,
containing all orders of the immigration court and BIA that are being challenged.
9th Cir. R. 28-2.7. The opening brief need not be accompanied by Excerpts of
Record. 9th Cir. R. 17-1.2(b).
Mediation Program
Petitioners in immigration cases are not required to file a Mediation Questionnaire,
the document used for an initial assessment for mediation. From time to time,
however, the Court may direct the parties to confer with a Court Mediator.
If you are interested in requesting a conference with a Mediator, you may call the
Mediation Unit at (415) 355-7900, email ca09_mediation@ca9.uscourts.gov or
make a written request to the Chief Circuit Mediator. Circuit Advisory Committee
Note to Rule 15-2. You may request conferences confidentially. More
information about the Court’s mediation program is available at
http://www.ca9.uscourts.gov/mediation.
Oral Hearings
Notices of the oral hearing calendars are distributed approximately 4 to 5 weeks
before the hearing date. The Court sits monthly in San Francisco, Pasadena and
Seattle. The Court sits in Portland every other month, depending on caseload. The
After Opening a Case – Counseled Immigration Cases Page 7
8. Court also hears cases 3 times a year in Honolulu and once a year in Anchorage.
The Court will change the date or location of an oral hearing only for good cause,
and requests to continue a hearing filed within 14 days of the hearing will be
granted only upon a showing of exceptional circumstances. 9th Cir. R. 34-2.
Oral hearing will be conducted in all cases unless all members of the panel agree
that the decisional process would not be significantly aided by oral argument. Fed.
R. App. P. 34.
After Opening a Case – Counseled Immigration Cases Page 8