Marsha S. Berzon
How Judge Berzon rules, drawn from 44 signed orders. Every observation links to the order it came from.
How Judge Berzon decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Before applying claim preclusion against a nonparty, she requires an adversarial opportunity to address privity and whether the earlier litigation adequately represented that party's interests.
“Our research failed to find a single case in which this court has upheld a dismissal for claim or issue preclusion where the parties were not given any opportunity to be heard on the issue.”
In agency review, she requires reasoned engagement with evidence that could change the result rather than a conclusory rejection of the record.
“In particular, where potentially dispositive testimony and documentary evidence is submitted, the BIA must give reasoned consideration to that evidence.”
She treats a broad demand for private digital communications as constitutionally defective when it is not tailored to the investigation.
“As a result, the subpoena is unreasonably overbroad — analogous, that is, to a general warrant, which constitutes an unreasonable search under the Fourth Amendment.”
She does not permit officers to extend a traffic stop solely because a passenger declines to identify himself when there is no reasonable suspicion of a crime.
“Our question is whether law enforcement officers may extend a lawfully initiated vehicle stop because a passenger refuses to identify himself, absent reasonable suspicion that the individual has committed a criminal offense. We conclude that they may not do so.”
Procedural preferences
When a defendant seeks to replace retained counsel with appointed counsel, she requires a real opportunity to establish financial eligibility instead of assuming the defendant can continue paying privately.
“Rivera-Corona was given no opportunity to establish that, as he asserted, he was unable to pay Marchi and therefore eligible for court-appointed and publicly financed representation.”
In removal proceedings, she requires a meaningful evidentiary opportunity before holding a noncitizen to counsel's disputed factual admission and leaves first-instance factfinding to the immigration judge.
“The BIA abused its discretion by refusing to give Urias-Gaxiola a chance to testify that his attorney’s initial admission was untrue or incorrect.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“We review de novo the issue whether the district court had supplemental jurisdiction ... We review for abuse of discretion the district court's decision to decline supplemental jurisdiction ... We reverse.”
“We construe the appeal as a petition for a writ of mandamus, grant the writ, and direct the district court to vacate its personal jurisdiction order.”
“We reverse, and remand for consideration of the preclusion question after full adversary airing and a development of an appropriate record.”
“We reverse -- demonstrating, again, that our Constitutional principles protect against monetary injuries large and small.”
“Appellant LensCrafters appeals the district court's order remanding the case to state court for failure to timely file for removal. We affirm.”
“Accordingly, we conclude that the district court lacked jurisdiction over the Sissokos' claim because it 'aris[es] from the decision or action by the Attorney General to commence [removal] proceedings.' ... AFFIRMED in part; VACATED in part; REMANDED.”
“He argues that Penal Code 475(c) encompasses conduct involving real, unaltered documents and thus is not categorically an offense 'relating to . . . forgery' under INA 101(a)(43)(R). We agree and grant the petition.”
“For the reasons that follow, however, we vacate the condition that prohibits Riley from using a computer to access 'any material that relates to minors.'”
“As the BIA erred in holding otherwise, we grant the petition and remand to the BIA. PETITION GRANTED; REMANDED for further proceedings.”
“Given all these defects in the district court's handling of Rivera-Corona's request, we vacate Rivera-Corona's sentence. On remand, the district court must appoint counsel if Rivera-Corona is financially eligible ... VACATED and REMANDED.”
“For the foregoing reasons, the restitution order is VACATED. We REMAND this case to allow the District Court to reassess whether Tsosie must pay restitution and, if so, the amount of such restitution. ... VACATED and REMANDED.”
“Because the BIA failed to give reasoned consideration to potentially dispositive testimony by Cole's expert witnesses and did not address all of Cole's claims, we grant the petition and remand to the BIA.”
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