Eric David Miller
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“AFFIRMED in part, VACATED in part, and REMANDED.”
“Because the Board's reasoning does not account for Akosung's credible testimony and otherwise rests on errors of law, we grant the petition for review and remand for further proceedings. ... PETITION GRANTED and REMANDED.”
“We agree with the district court that the state-court litigation is a quasi-criminal enforcement proceeding and that Younger bars a federal court from interfering with such a proceeding. We therefore affirm. ... AFFIRMED.”
“We reverse the denial of the suppression motion, vacate Ngumezi’s conviction, and remand for further proceedings. ... REVERSED, VACATED, AND REMANDED.”
“We respectfully certify the following question to the Oregon Supreme Court under Oregon Revised Statutes Sec. 28.200: Is a private contractor providing healthcare services at a county jail a "place of public accommodation" within the meaning of Oregon Revised Statutes Sec. 659A.400 and subject to liability under Sec. 659A.142?”
“We therefore vacate the preliminary injunction and remand to the district court with instructions to dismiss the complaint for lack of jurisdiction.”
“We are aware of no authority treating a procedure similar to Montana’s as a form of direct review that restarts the statute of limitations under section 2244(d). AFFIRMED.”
“The panel reversed the district court's judgment, which set aside a land-exchange agreement between the Secretary of the Interior and King Cove Corporation, an Alaska Native village corporation, and remanded.”
“Because Marquez-Reyes's constitutional challenges lack merit and the agency did not abuse its discretion, we deny the petition. ... PETITION DENIED.”
“But because the record does not show that Lemos's section 1983 action necessarily rests on the same event as her criminal conviction, success in the former would not necessarily imply the invalidity of the latter. We therefore reverse and remand for further proceedings.”
“We conclude that the agency did not commit legal error in determining that Hernandez's state-court conviction was for a particularly serious crime, making him ineligible for asylum or withholding of removal. And substantial evidence supports the agency's determination that he is not entitled to CAT relief. We deny the petition for review. ... PETITION DENIED.”
“The Board's action was consistent with the traditional rule governing cross-appeals, which the Board has applied in its proceedings. We deny the petition for review.”
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