July 19 Ninth Circuit Decisions
In U.S. v. Bibler, the Ninth Circuit amended, for he second time, the opinion originally filed May 4, 2007. The outcome is changed in that rather than the appeal being dismissed, the district court decision is affirmed.
In Kutasi v. Las Vigenes Unified, the Ninth Circuit reaffirmed the principles that, prior to filing an action seeking relief for any claim addressable through the IDEA, administrative remedies must be exhausted. The claims alleged violations of the ADA and the Rehabilitation Act, as well as § 1983 claims, but sought, at least in part, relief obtainable through the IDEA.
In Hemmerle v. Schiro, the Ninth Circuit determined that, where a state appellate court has concluded its review, the statute of limitations for filing a petition for writ of habeas corpus begins to run.
In Singh v. Gonzales, the Ninth Circuit granted the petition for rehearing, withdrawing the opinion filed November 28, 2006. The Court remanded the matter to the BIA to consider whether the presumption of correct mailing of the BIA’s decision was rebutted by the affidavits of nonreceipt which accompanied the Singh’s motion to reopen.
In Nehmer v. US Department of Veterans, the Ninth Circuit ordered the VA to pay to pay retroactive benefits to Vietnam War veterans exposed to Agent Orange who later contracted a and contracted a form of leukemia. Judge Reinhardt, writing for the panel, chided the agency for its position in the case, saying that agency’s performance “has contributed substantially to our sense of national shame.”
