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Opinions

To look for specific case numbers, use the search box at the top right of this page. Type in the case number (for example: 20-3170) into the box, and if the opinion is available, it will be in the results.

Administrative: Licensed Peace Officer-Revocation of License

Plaintiff, a former peace officer, appealed the decision finding cause for discipline and revoking his license. Plaintiff engaged his wife in a physical altercation when he suspected her of adultery. Plaintiff’s license was revoked when the administrative hearing commission found ...

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Torts: Statutory Trespass to Property-Crop-dusting-Vicarious Liability

Plaintiff filed suit against defendants for trespass, alleging they crop-dusted herbicides on a neighboring farm in a manner that allowed the herbicides to drift onto plaintiff’s farm; plaintiff also asserted a vicarious-liability claim against the neighboring farm owner. After all ...

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Immigration: Withholding of Removal-Fear of Persecution-Membership in Social Group

Petitioner sought withholding of removal, claiming he feared persecution due to his family membership, alleging that an uncle had been kidnapped and extorted while a cousin was killed for refusing extortion demands from gangs in Mexico. The Immigration Judge ruled ...

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Immigration: Removal Proceedings-Motion to Terminate-Jurisdiction

Petitioner petitioned for review of the order dismissing his interlocutory appeal from the decision of an immigration judge denying his motion to terminate removal proceedings. Where the Board of Immigration Appeals lacked jurisdiction, it correctly dismissed petitioner’s appeal from the ...

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Immigration: Humanitarian Asylum-Requirement to Show Past Persecution-Protected Grounds

Petitioners sought review of the denial of their request for humanitarian asylum, arguing that the Board of Immigration Appeals erred in requiring they show past persecution on account of protected grounds as a prerequisite for obtaining asylum. Petitioners requested a ...

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Environmental Law: National Environmental Policy Act-Highway Project-Injunctive Relief

Where plaintiffs sued government defendants alleging violations of the National Environmental Policy Act, the denial of injunctive relief is affirmed because the plaintiff was unlikely to succeed on the merits, and the agency’s determination that the highway project at issue ...

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Employment: Sexual Discrimination-Attorney Fee Award-Frivolous Claims

The EEOC filed numerous charges of sexual discrimination against defendant. The district court initially awarded defendant attorneys’ fees and costs, which were reversed by the court when it ruled that dismissal did not constitute a ruling on the merits. The ...

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Employment: Gender Discrimination-Direct Evidence-Disparate Treatment

  Where a plaintiff in a gender-discrimination case argued that the district court erred in refusing to consider his direct-evidence argument, summary judgment for the defendant is affirmed because the plaintiff failed to show direct evidence of discrimination sufficient to ...

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Criminal Law: Sentencing-Upward Variance

Where a defendant, who pleaded guilty to being a felon in possession of a firearm, challenged his sentence as both procedurally and substantively unreasonable, the record did not show that the district court’s factual findings were clearly erroneous or that ...

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Criminal Law: Sentencing-Substantive Reasonableness-Downward Variance

Where a defendant challenged his sentence, arguing that the district court committed procedural error by denying his request for a downward variance, the transcript showed that the court recognized its authority to vary downward, considered the relevant factors and adequately ...

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