Justia Government & Administrative Law Opinion Summaries

Articles Posted in US Court of Appeals for the Tenth Circuit
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Yusuf Awadir Abdi sued the directors of several federal agencies challenging his placement on a federal government’s terrorist watchlist. He alleged his being on the list subjected him to enhanced screening at the airport and requires the government to label him as a “known or suspected terrorist” and to disseminate that information to government and private entities. As a result of these alleged consequences, Abdi alleged placement on the Selectee List violated his Fifth Amendment rights to substantive and procedural due process and consequently the Administrative Procedure Act, for which he sought declarative and injunctive relief. The district court dismissed Abdi’s complaint with prejudice under Federal Rule of Civil Procedure 12(b)(6). Finding no reversible error in that decision, the Tenth Circuit affirmed dismissal. View "Abdi v. Wray" on Justia Law

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In removal proceedings, petitioner Sandra Lopez-Munoz appeared and requested cancellation of removal, but the immigration judge declined the request. Petitioner unsuccessfully appealed to the Board of Immigration Appeals, moved for the Board to reopen her case, petitioned for review to the Tenth Circuit Court of Appeals, moved a second time for the Board to reopen her case, and moved for reconsideration of the denial of her second motion to reopen. The removal proceedings began with the service of a notice to appear. But because the notice to appear failed to include a date and time for her impending immigration hearing, petitioner argued the immigration judge lacked jurisdiction over the removal proceedings. If petitioner was correct, the Tenth Circuit concluded she might be entitled to relief based on the immigration judge’s lack of jurisdiction to order removal. In the Court’s view, however, the alleged defect would not preclude jurisdiction. It thus denied the petition for review. View "Lopez-Munoz v. Barr" on Justia Law

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Petitioner Santos Raul Escobar-Hernandez has filed a petition for review of the Board of Immigration Appeals’ decision affirming the immigration judge’s denial of his application for asylum, withholding of removal, and protection under the United Nations Convention Against Torture (CAT). The petition’s underlying facts rest on Petitioner’s testimony, which the immigration judge found to be credible. Petitioner is a native and citizen of El Salvador and entered the United States without a valid entry document. He fled El Salvador after he was assaulted by two men, resulting in injuries requiring medical treatment. The assault occurred when the men, one named "Nelson," noticed some graffiti critical of a political party on a fence near Petitioner’s home. Although Petitioner was not politically active and told the men he did not paint the graffiti, Nelson said Petitioner was responsible for it because it was on his house and demanded he remove it. When Petitioner responded that he could not pay for removal, the men hit him and threatened to kill him. Petitioner was unsure if the men assaulted him because of the political graffiti or if they used it as an excuse to assault him merely because he was a vulnerable youth. Petitioner later removed the graffiti, but Nelson attacked him twice more and continued to threaten him. Reports to local police went ignored; Petitioner averred he feared returning to his home town because of the threats, and he feared relocating elsewhere in El Salvador because other people could hurt him. In his petition for review, Petitioner contends the BIA should have granted him asylum and withheld his removal because he suffered past persecution and has a well- founded fear of suffering future persecution based on political opinions Nelson imputed to him. Petitioner also argues the BIA should have granted him protection under CAT because, if he returns to El Salvador, Nelson will likely torture him with the acquiescence of law enforcement. On the record before it, the Tenth Circuit could not say any reasonable adjudicator would be compelled to reach conclusions contrary to those reached by BIA. The Court therefore affirmed denial of asylum and protection under CAT. View "Escobar-Hernandez v. Barr" on Justia Law

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Intervenor-Appellant the United Keetoowah Band of Cherokee Indians in Oklahoma (UKB) purchased an undeveloped 76-acre parcel of land near Tahlequah, Oklahoma, with the intention of developing it into a tribal and cultural center (Subject Tract, or Subject Parcel). The Subject Parcel sat entirely within the boundaries of the former reservation of Appellees the Cherokee Nation of Oklahoma (Nation). In 2004, the UKB submitted an application to the Department of the Interior’s Bureau of Indian Affairs (BIA), requesting the BIA take the Subject Parcel into trust, thereby formally establishing a UKB tribal land base. The Nation opposed the application. After seven years of review, the BIA approved the UKB’s application. The Nation sued Department of the Interior and BIA officials, with the UKB intervening as defendants, challenging the BIA’s decision on several fronts. The district court found in favor of the Nation, determining that the BIA’s decision to take the Subject Parcel into trust was “arbitrary and capricious, an abuse of discretion, and otherwise not in accordance with law.” Among other holdings, the district court concluded that: (1) the BIA had to obtain Nation consent before taking the Subject Parcel into trust; (2) the BIA’s analysis of two of its regulations as applied to the UKB application was arbitrary and capricious; and (3) the BIA must consider whether the UKB meets the Indian Reorganization Act (IRA)’s definition of “Indian” in light of the Supreme Court case Carcieri v. Salazar, 555 U.S. 379 (2009). On appeal, the Tenth Circuit determined the Secretary of the Interior had authority to take the Subject Parcel into trust under section 3 of the Oklahoma Indian Welfare Act of 1936 (OIWA). The BIA was therefore not required to consider whether the UKB met the IRA’s definition of “Indian.” Nor was the BIA required to obtain the Nation’s consent before taking the land into trust. The Court also held the BIA’s application of its regulations was not arbitrary and capricious. View "Cherokee Nation v. Zinke" on Justia Law

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The EEOC was authorized to obtain evidence by issuing a subpoena and seeking a court order enforcing it. The EEOC exercised those powers when it sought information from Centura Health ("Centura"), a multi-facility healthcare organization operating primarily in Colorado. Between February 2011 and October 2014, eleven current or former Centura employees, working across eight Colorado locations, filed charges of discrimination with the EEOC. They alleged Centura violated the Americans with Disabilities Act (“ADA”) by terminating their employment or refusing to allow them to return to work after medical leave. These employment decisions were allegedly made because of their disabilities or their requests for accommodations. Centura petitioned the EEOC to revoke or modify the subpoena. The EEOC denied the petition and directed Centura to provide the requested information. Centura refused, so the EEOC filed a subpoena-enforcement action in the district court. Centura challenged only parts of the subpoena, including items 9 and 18(e), arguing that compliance would be unduly burdensome and that the information sought was not relevant to the eleven individual charges within the meaning of 42 U.S.C. 2000e-8(a). It alleged the information would only be relevant to a pattern-or-practice investigation, but the EEOC had not filed a pattern-or-practice charge. While the Tenth Circuit determined Centura’s representations of the disparate factual nature of the eleven charges was largely accurate, and agreed with the distinctions it drew regarding the EEOC’s cases, the Court concluded Centura failed to persuade the Court that eleven charges of disability discrimination, most alleging a failure to accommodate across a handful of an employer’s facilities, were insufficient to warrant finding information regarding an employer’s pattern-or-practice relevant. The Court affirmed the district court's enforcement of the EEOC's subpoena. View "EEOC v. Centura Health" on Justia Law

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Dennis Malouf held key roles at two firms. One of the firms (UASNM, Inc.) offered investment advice; the other firm (a branch of Raymond James Financial Services) served as a broker-dealer. Raymond James viewed those dual roles as a conflict, so Malouf sold the Raymond James branch. But the structure of the sale perpetuated the conflict. Because Malouf did not disclose perpetuation of the conflict, administrative officials sought sanctions against him for violating the federal securities laws. An administrative law judge found that Malouf had violated the Securities Exchange Act of 1934, the Securities Act of 1933, the Investment Advisers Act of 1940, Rule 10b–5, and Rule 206(4)–1. Given these findings, the judge imposed sanctions. The SEC affirmed these findings and imposed additional sanctions, including disgorgement of profits. Malouf appealed the SEC’s decision, but finding no reversible error, the Tenth Circuit affirmed. View "Malouf v. SEC" on Justia Law

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Peabody Twentymile Mining, LLC (“Peabody Twentymile”) operates the Foidel Creek Mine, a large underground coal mine in Colorado. The mine uses over one thousand ventilation stoppings to separate the fresh intake air from the air flowing out of the mine that has been circulated through areas where extraction is occurring. In 2014, an inspector for the Mine Safety and Health Administration (“MSHA”) issued a citation to Peabody Twentymile for a violation of the federal law requiring permanent ventilation stoppings to be “constructed in a traditionally accepted method and of materials that have been demonstrated to perform adequately.” MSHA alleged Peabody Twentymile was using polyurethane spray foam to seal the perimeter of a permanent concrete block ventilation stopping. Peabody Twentymile unsuccessfully contested the citation and civil penalty before an administrative law judge (“ALJ”). The ALJ relied on the preamble to the ventilation stopping regulation, which listed six “traditionally accepted construction methods,” to determine that Peabody Twentymile’s method of constructing concrete block stoppings was not “traditionally accepted” and was subject to a $162 fine. Peabody Twentymile then petitioned the Federal Mine Safety and Health Review Commission (the “Commission”) for review, and the Commission issued an evenly split decision, causing the ALJ’s decision to stand. Peabody Twentymile thereafter petitioned the Tenth Circuit for review of the ALJ’s decision. The Tenth Circuit concluded Peabody Twentymile’s construction method was “traditionally accepted” by MSHA under the unambiguous meaning of that phrase, it reversed the ALJ’s decision and vacated the citation. View "Peabody Twentymile Mining v. Secretary of Labor" on Justia Law

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Five Peruvian shepherds who worked in the Western United States pursuant to H-2A agricultural visas brought antitrust claims, on behalf of themselves and similarly situated classes of shepherds, against several sheep ranchers (the “Rancher Defendants”), two associations (the “Association Defendants”), and Dennis Richins (referred to collectively as the “Defendants”). The Shepherds alleged the Defendants “conspired and agreed to fix wages offered and paid to shepherds at the minimum DOL wage floor.” The Shepherds also brought class action RICO claims against Richins and the Association Defendants. The RICO claims focused on allegedly false assurances made by the Association Defendants to the federal government that H-2A shepherds were being properly reimbursed for various expenses. The district court dismissed as to both claims, finding the complaint did not plausibly allege an agreement to fix wages, and did not allege the existence of enterprises distinct from the persons alleged to have engaged in those enterprises. The trial court denied the Shepherds' request to amend their complaint. On appeal, the Shepherds argued there were valid antitrust and RICO claims, and that the district court abused its discretion in denying their motion to amend their complaint. The Tenth Circuit concluded the district court erred in dismissing the RICO claim naming Richins as a defendant. But in all other regards, the district court was affirmed. View "Llacua v. Western Range Association" on Justia Law

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In 2012, the Navajo Nation and several of its individual members sued San Juan County, Utah alleging that the election districts for both the school board and the county commission violated the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution and the Voting Rights Act (VRA) of 1965. The district court denied the county’s motion to dismiss, found that the election districts violated the Equal Protection Clause, and awarded summary judgment to the Navajo Nation. It later rejected the county’s proposed remedial redistricting plan because it concluded the redrawn districts again violated the Equal Protection Clause. The district court then appointed a special master to develop a proposed remedial redistricting plan, directed the county to adopt that remedial plan, and ordered the county to hold special elections based on that plan in November 2018. On appeal, the county challenged each of the district court’s decisions. Finding no reversible error, the Tenth Circuit affirmed. View "Navajo Nation v. San Juan County" on Justia Law

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Former federal prisoner, plaintiff-appellant Billy May, filed suit under Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971), claiming he was denied his due process rights as a prisoner when he was quarantined without a hearing during a scabies infestation at the prison. The magistrate judge granted camp administrator Juan Segovia summary judgment on two issues: (1) the exhaustion requirement of the Prison Litigation Reform Act (“PLRA”) applied to May; and (2) there was no genuine issue of material fact as to the availability of administrative remedies. May appealed to contest both conclusions. Segovia opposed May’s appeal, raising two alternative grounds for affirmance that Segovia raised before the magistrate judge, but the judge did not reach. After review, the Tenth Circuit affirmed the magistrate judge’s conclusions that the PLRA exhaustion requirement applied to May and that there was no genuine issue of material fact as to whether administrative remedies were available to him. Because the Court affirmed the judgment below, it did not reach Segovia’s alternative arguments. View "May v. Segovia" on Justia Law