California Case Summaries

Ninth Circuit Court of Appeals

Constitutional Law, Labor & Employment Law

Gonzales v. Battelle Energy Alliance — Ninth Circuit holds that revoking a Security Police Officer’s fitness-for-duty certification is reviewable under the ADA, distinguishing it from a national-security clearance

The Ninth Circuit holds that a federal contractor’s revocation of a Security Police Officer’s Part 1046 fitness-for-duty certification is reviewable under the ADA and is not the kind of national-security clearance decision insulated from review under Department of Navy v. Egan.

Constitutional Law, Immigration

United States v. Gonzalez-Reyes — Ninth Circuit holds California rape conviction is a categorical match for federal aggravated felony, blocking collateral attack on illegal-reentry charge

The Ninth Circuit holds that a California rape conviction under Penal Code section 261(a)(2) is a categorical match for the federal generic definition of rape, qualifying as an aggravated felony and defeating an illegal-reentry defendant’s collateral attack on his prior removal order.

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