October 18, 2007 Ninth Circuit Decision
On Thursday, October 18, 2007, the Ninth Circuit issued one published order.
In Suntharalinkam v.. Keisler, the Ninth Circuit accepted the unopposed motion to withdraw the appeal, and withdrawal of the 3panel decision. Judge Kozinski dissented for about 18 pages, decrying the practice of accepting a motion to withdraw after cases have been argued and submitted. Here, the assumption appears to be that the question asked at oral argument suggested a likely outcome unfavorable to the appellant and to his amici. Judge Kozinski questioned the voluntariness of the withdrawal, and urged the Court to take measures to insure the action was, indeed, a reflection of the will of the appellant.
