Stephen Roy Reinhardt
How Judge Reinhardt rules, drawn from 36 signed orders. Every observation links to the order it came from.
Judge Reinhardt no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Reinhardt decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Equitable tolling may apply when the defendant's own wrongful conduct prevents a plaintiff from filing on time or when extraordinary circumstances outside the plaintiff's control make timely filing impossible.
“Equitable tolling applies when the plaintiff is prevented from asserting a claim by wrongful conduct on the part of the defendant, or when extraordinary circumstances beyond the plaintiff's control made it impossible to file a claim on time.”
When a conviction makes removal virtually certain, defense counsel must say so before the plea rather than advise only that immigration consequences are possible.
“Accordingly, we hold that Rodriguez-Vega’s counsel was required to advise her that her conviction rendered her removal virtually certain, or words to that effect.”
Procedural preferences
For Rule 5 service deadlines, an incarcerated pro se litigant completes mailing when the document is delivered to prison authorities for forwarding.
“As a technical matter, because service is complete upon mailing, we hold that a pro se prisoner completes the ‘mailing’ of a document being served under Fed.R.Civ.P. 5(b) by submitting it to prison authorities.”
Cautions
When the immigration board makes an adverse credibility finding for the first time, contrary to the immigration judge, due process requires an opportunity for the petitioner to explain the perceived inconsistencies.
“When the BIA decides a case based on an independent, adverse, credibility determination, contrary to that reached by the IJ, it must give the petitioner an opportunity to explain any alleged inconsistencies that it raises for the first time.”
A federal habeas court cannot evaluate the reasonableness of a state-court decision by accepting the state court's factual description without examining the relevant record.
“In sum, it is clear that in order to provide adequate habeas review as contemplated by AEDPA, the court is required to review the state court record.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“REVERSED AND REMANDED.”
“REVERSED AND REMANDED”
“AFFIRMED.”
“AFFIRMED in part, REVERSED in part and REMANDED for further proceedings.”
“REVERSED AND REMANDED.”
“REVERSED and REMANDED.”
“REVERSED and REMANDED.”
“we vacate the grant of summary judgment and remand with instructions to dismiss ERC's complaint for lack of jurisdiction.”
“The district court therefore properly denied their petition.”
“REVERSED and REMANDED.”
“The judgment of the district court is REVERSED and the case is REMANDED for further proceedings consistent with this opinion.”
“REVERSED and REMANDED.”
A historical record
Judge Reinhardt no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.