Roopali H. Desai
How Judge Desai rules, drawn from 26 signed orders. Every observation links to the order it came from.
How Judge Desai decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In the reissued Nasri opinion, Desai required actual or constructive control of foreign property before a court could exercise in rem forfeiture jurisdiction consistently with due process.
“For the foregoing reasons, we hold that the district court’s exercise of in rem jurisdiction without finding that it has control or constructive control over the defendant property violates the Fifth Amendment’s Due Process Clause.”
In her Nasri concurrence, Desai reasoned that constructive control based on a foreign government’s cooperation and assurances makes relief redressable and the resulting judgment more than advisory.
“A requirement that the district court have control or constructive control over the assets satisfies Article III’s justiciability requirements.”
In her Gonzalez-Argueta concurrence, Desai proposed asking whether retaliation for a former police officer’s work was related to the petitioner’s protected status rather than treating personal retribution as the end of the nexus inquiry.
“Specifically, we should add an additional step to the nexus analysis to consider whether a persecutor’s ‘retribution’ is related to the petitioner’s status as a former police officer.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Because the ADA's fee provision does not independently confer jurisdiction and defendants did not move for fees under any other rule or statute, the district court lacked the authority to award fees under the ADA once it dismissed Mr. Fernandez's claim for lack of standing. ... REVERSED and VACATED.”
“We affirm the district court's summary judgment granting Officer High qualified immunity because Ms. Martinez's constitutional right was not clearly established in 2013. ... AFFIRMED.”
“Because we find that Appellants' opening brief represents a material failure to comply with our rules, we strike the brief in its entirety pursuant to Ninth Circuit Rule 28-1 and dismiss this appeal. ... DISMISSED.”
“AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.”
“For the reasons stated above, we reverse the decision of the district court. ... the Forest Service cannot combine categorical exclusions to approve a proposed action, when no single CE would cover a proposed action alone.”
“We reverse the district court's dismissal of the complaint on statute of limitations grounds and remand for further proceedings consistent with this opinion. REVERSED and REMANDED.”
“AFFIRMED in part, REVERSED in part, and REMANDED. Each party shall bear its own costs on appeal.”
“We GRANT the petition for review and REMAND for further proceedings consistent with this opinion.”
“Accordingly, we affirm the district court's holding that Berry is not entitled to fees under Sec. 928(a). Berry did not 'successfully prosecute' her claim ... AFFIRMED.”
“convictions under California Penal Code Sec. 245(a)(1) are not crimes of violence and cannot serve as the predicate for the career offender enhancement ... VACATED and REMANDED.”
“AFFIRMED in part, REVERSED in part, and REMANDED. Each party shall bear its own costs on appeal.”
“We therefore GRANT the petition for review and REMAND to the BIA for further proceedings consistent with this opinion.”
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