The Ninth Circuit handles cases where one party believes a ruling that is not in their favor should be appealed. Like other circuit courts, the Ninth Circuit Court of Appeals reviews civil and criminal cases and decisions made by government agencies.
Immigration cases take up much of the Ninth Circuit’s caseload. Depending on the circumstances of the case, they may fall under criminal appeals or government agency decision appeals. But your immigration case may involve multiple case types. For example, you may be facing criminal charges for being in the country without proper authorization in addition to fighting a denial by U.S. Citizenship and Immigration Services (USCIS).
A civil case is any case that involves one party filing a legal claim against another party to recover damages. The claim is tied to a federal or state law that the defendant has breached. Either the plaintiff or the defendant can appeal a civil case decision.
Here are some examples of the civil cases that the Ninth Circuit Court of Appeals may handle:
Civil Rights and Discrimination
These civil cases can involve discrimination in the workplace, healthcare, a school, or other institution. Some key pieces of legislation that may be used to appeal these decisions include Title VII, Title IX, the Americans with Disabilities Act (ADA), and the Constitutional Amendments.
Trademark and Copyright
When patents, creative works, or other trademarked or copyrighted property are stolen or misappropriated, plaintiffs can appeal to the Ninth Circuit to overturn rulings that side with the people who they believe infringed on their legal rights.
Labor and Business
Issues regarding employer liability, agency in business, antitrust law, and the Securities Exchange Act may be appealed in the Ninth Circuit.
Cases Involving Damages
Personal injury cases that resulted in one party paying another for damages may be appealed in the Ninth Circuit. For example, a plaintiff may appeal to recover damages they can prove they’re owed, or a defendant may appeal to get out of paying damages they can prove they don’t deserve to owe.
Defendants in criminal cases may appeal to overturn a guilty verdict or other ruling. They can provide proof that shows the ruling was wrong or that the trial was mismanaged in the lower courts.
The prosecution cannot appeal to overturn a not-guilty verdict. However, both parties can appeal to adjust the punishment in a guilty verdict.
Here are some of the types of criminal cases handled by the Ninth Circuit Court of Appeals:
Immigration Issues
When someone from a different country enters or lives in the U.S. without the proper visa or status, they may be subject to criminal penalties. Immigrants facing these charges can appeal a decision with the Ninth Circuit to overturn the ruling or adjust penalties.
Cases Involving Violent Acts
Defendants charged for violent acts against others can appeal a wrongful conviction or to adjust their sentence. Prosecution may appeal to adjust the sentence.
Some criminal cases involving violence that the Ninth Circuit would hear include:
Financial Crimes
Those charged with financial crimes may appeal a wrongful conviction or to adjust their sentence. Some financial crimes that the Ninth Circuit may review include:
Cases Involving Controlled Substances
People charged with possession, distributing, producing, or selling illicit and controlled substances can face serious consequences. But they can also appeal the decision through the Ninth Circuit Court of Appeals.
The Ninth Circuit Court of Appeals requires all bankruptcy appeals to be first handled by the Bankruptcy Appellate Panel (BAP). If the issue cannot be resolved there, then they may try to appeal with the circuit court.
One of the most common government agency decisions that the Ninth Circuit Court of Appeals handles is denial of immigration status, such as denied visas or asylum. If the Board of Immigration Appeals (BIA) does not appeal your denial, you may consider appealing through the Ninth Circuit.
Other types of government agency decisions that may be appealed in the Ninth Circuit include Social Security benefits, public housing benefits, and VA benefits.
At New Frontier Immigration Law, we know how complex and intimidating the circuit courts can be. That’s why we help immigrants at every stage of making a life in the U.S. navigate this system. We have years of experience helping clients petition for immigration status and appeal denials, all the way up to the Ninth Circuit and other circuit courts.
Contact our office today to schedule your strategic session with one of our immigration attorneys and get started on your appeal.
