United States Court of Appeals for the Ninth Circuit
Calendar for James R. Browning U.S. Courthouse, San Francisco

June 14-18, 2021

Note: Calendar entries may change up until the hearing date. Please remember to check the docket report for updates. Case synopses are prepared by court staff for the convenience of the reader.


2021-06-14  9:00 am  Courtroom 1, 3rd Floor Rm 338, James R. Browning U.S. Courthouse, San Francisco
Before: TASHIMA, and BUMATAY, Circuit Judges, and RAYES (Arizona), District Judge
Case No. Title Nature Origin Time / Side
19-73165Inderjeet Singh v. Merrick Garland - A citizen of India petitions for review of the Board of Immigration Appeals' denial of asylum, withholding of removal, and protection under the Convention Against Torture. Immigration BIA Subm.
20-71005Ruben Orellano Aquino v. Merrick Garland - A citizen of El Salvador petitions for review of the Board of Immigration Appeals' denial of withholding of removal and protection under the Convention Against Torture. Immigration BIA Subm.
20-71044Oscar Duenas-Escobar v. Merrick Garland - A citizen of El Salvador petitions for review of the Board of Immigration Appeals' denial of asylum, withholding of removal, and protection under the Convention Against Torture. Immigration BIA Subm.
20-16075City of Oakland v. Oakland Raiders - The City of Oakland appeals the district court's dismissal of its antitrust action against the National Football League and its teams. [3:18-cv-07444-JCS] Civil N. CA 15 min
20-16605California River Watch v. City of Vacaville - California River Watch appeals the district court's summary judgment in its citizen suit under the Resource Conservation and Recovery Act against the City of Vacaville. [2:17-cv-00524-KJM-KJN] Civil E. CA 15 min
20-16927Brendan Johnson v. USA - Taxpayers appeal the district court's summary judgment in favor of the government in a tax refund action, in which they sought deductions based on their material participation in their businesses. [2:19-cv-00674-JCM-DJA] Civil NV 15 min


2021-06-14  9:00 am  Courtroom 3, 3rd Floor Rm 307, James R. Browning U.S. Courthouse, San Francisco
Before: SCHROEDER, M. SMITH, Jr., and VANDYKE, Circuit Judges
Case No. Title Nature Origin Time / Side
19-10366USA v. Lawrence Halamek - Appeal from conviction and sentence for transportation of a minor with intent to engage in criminal sexual activity and travel with intent to engage in illicit sexual activity. [4:17-cr-00477-JGZ-EJM-1] Criminal AZ 15 min
19-10218
19-10402		USA v. David Telles, Jr. - Appeal from conviction and sentence for online enticement of a minor, travel with intent to engage in illicit sexual conduct, and engaging in illicit conduct in foreign places. [4:16-cr-00424-JSW-1]
 		 Criminal N. CA 20 min
20-15594Nicholas Vieira v. County of Sacramento - An appeal from the district court's judgment in favor of defendants, the County of Sacramento and aSheriff's Deputy, in an action brought pursuant to 42 U.S.C. 1983 alleging, in part, excessive force. [3:18-cv-05431-VC] Civil N. CA Subm.
20-15576San Francisco Bay Conservation v. U.S. Army Corps of Engineers - Appealof asummary judgment in favor of the U.S. Army Corps of Engineers in an action challenging dredging decisions for the San Francisco Bay. [3:16-cv-05420-RS] Civil N. CA 20 min


2021-06-15  9:00 am  Courtroom 1, 3rd Floor Rm 338, James R. Browning U.S. Courthouse, San Francisco
Before: THOMAS, Chief Judge, and BRESS, and BUMATAY, Circuit Judges
Case No. Title Nature Origin Time / Side
20-10301USA v. Roger Smith, III - Appeal from conviction and sentence for transportation of illegal aliens for profit. [4:19-cr-02866-RCC-EJM-1] Criminal AZ Subm.
19-15385Thomas Bastian v. Charles Ryan - An Arizona state prisoner appeals the denial of his habeas corpus petition challenging his conviction for first-degree murder. [2:16-cv-02530-GMS] Habeas AZ 15 min
20-16087Jason Krause v. County of Yavapai - Appeal from the district court's dismissal of a defendant expert witness from an action alleging that plaintiff's rights to due process and a fair trial under the Fifth and Fourteenth Amendments were violated. [3:19-cv-08054-MTL-ESW] Pr Non-HC AZ 15 min
20-16799Tim Gomes v. Santa Clara County - Appeal from the district court's summary judgment in an action arising from the removal of plaintiffs' children by social workers. [5:18-cv-04191-EJD] Civil N. CA Subm.
20-16905Adrian Miranda v. City of Casa Grande - Appeal from the district court's summary judgment for defendants in an action alleging due process violations in connection with thesuspension of plaintiff's driver's license. [2:19-cv-04618-JJT-JZB] Pr Non-HC AZ 15 min


2021-06-15  9:00 am  Courtroom 3, 3rd Floor Rm 307, James R. Browning U.S. Courthouse, San Francisco
Before: SCHROEDER, M. SMITH, Jr., and VANDYKE, Circuit Judges
Case No. Title Nature Origin Time / Side
19-15704Mark Kennedy v. Ron Broomfield - A California state prisoner appeals the denial of his habeas corpus petition challenging his conviction for assault, battery, and false imprisonment. [4:16-cv-01686-YGR] Habeas N. CA Subm.
20-10218USA v. Walter Ganilla - Appeal challenging conditions of supervised release. [2:18-cr-00500-SPL-1] Criminal AZ Def.
19-17373Cyrus Csutoras v. Paradise High School - Cyrus Csutoras appeals the district court's grant of summary judgment in his action for damages under Title II of the Americans with Disabilities Act and 504 of the Rehabilitation Act against Paradise High School and Paradise Unified School District. [2:16-cv-02210-KJM-DMC] Civil E. CA 15 min
20-15386Student A v. S.F. Unified Sch. Dist. - Students appeal the district court's dismissal of their action under the Individuals with Disabilities Education Act and other statutes against San Francisco Unified School District. [3:19-cv-03101-WHO] Civil N. CA 15 min
20-15457Environmental Research Center v. Hotze Health Wellness Center - Appeal of anorder awarding attorneys fees to plaintiffs in an action that was removed to federal court under diversity jurisdiction. [3:20-cv-00370-VC] Civil N. CA Subm.


2021-06-16  9:00 am  Courtroom 1, 3rd Floor Rm 338, James R. Browning U.S. Courthouse, San Francisco
Before: THOMAS, Chief Judge, and BRESS, and BUMATAY, Circuit Judges
Case No. Title Nature Origin Time / Side
19-10079USA v. Bret Humphries - Appeal from conviction for receipt and/or distribution of child pornography. [2:14-cr-00279-APG-VCF-1] Criminal NV Subm.
19-10228USA v. Amauje Ferguson - Appeal from conviction for conspiracy and bank robbery. [4:18-cr-01495-JAS-EJM-2] Criminal AZ 10 min
20-70399Tomasa Burgara-Camacho v. Merrick Garland - A citizen of Mexico challenges an agency decision denying her motion to reopen removal proceedings based on ineffective assistance of counsel. Immigration BIA Subm.
20-71105Sandeep Mohamad v. Merrick Garland - A citizen of India petitions for review of the Board of Immigration Appeals' denial of asylum, withholding of removal, and protection under the Convention Against Torture. Immigration BIA Subm.
20-10211USA v. Christopher Lischewski - A former CEO of Bumble Bee appeals his conviction for conspiracy to fix the price of canned tuna in violation of the Sherman Act. [3:18-cr-00203-EMC-1] Criminal N. CA 20 min


2021-06-16  9:00 am  Courtroom 3, 3rd Floor Rm 307, James R. Browning U.S. Courthouse, San Francisco
Before: SCHROEDER, M. SMITH, Jr., and VANDYKE, Circuit Judges
Case No. Title Nature Origin Time / Side
19-15834Dustin Shepherd v. Unknown Party - A federal prisoner appeals the dismissal of his habeas corpus petition challenging his career offender sentence for drug and firearm offenses. [4:18-cv-00104-DCB-BGM] Habeas AZ 10 min
19-16314Paul Pavulak v. Barbara von Blanckensee - A federal prisoner appeals the denial of his 28 U.S.C. 2241 habeas corpus petition challenging his life sentence for offenses including attempting to produce child pornography. [4:19-cv-00274-RM-JR] Habeas AZ 10 min
19-17450James Song v. Aaron Drenberg - An appeal from the district court's order imposing discovery sanctions in an action under the Computer Fraud and Abuse Act. [5:18-cv-06283-LHK] Civil N. CA Subm.
20-70776Miguel Araujo v. Merrick Garland - A citizen of Mexico petitions for review of the Board of Immigration Appeals' denial of withholding of removal and protection under the Convention Against Torture. Immigration BIA 10 min
18-71760Juan Sanchez-Ruano v. Merrick Garland - A citizen of Mexico challenges an agency decision denying cancellation of removal based on a ground of inadmissibility. Immigration BIA Subm.
20-15179
20-16258		Simulados Software, Ltd. v. Photon Infotech Private, Ltd. - Appeal of ajudgment in favor of Simulados Software, Ltd. in a diversity action alleging breach of contract and fraud; and appeal of an award of attorneys' fees. [5:12-cv-04382-EJD]
 Civil N. CA 20 min


2021-06-17  9:00 am  Courtroom 1, 3rd Floor Rm 338, James R. Browning U.S. Courthouse, San Francisco
Before: THOMAS, Chief Judge, and BRESS, and BUMATAY, Circuit Judges
Case No. Title Nature Origin Time / Side
19-10159USA v. Steven Zinnel - Appeal from sentence imposed on remand for resentencing in case in which the defendant was convicted of bankruptcy fraud, money laundering, and money laundering conspiracy. [2:11-cr-00234-TLN-1] Criminal E. CA Subm.
20-10151USA v. David Markillie - Appeal fromsentence for armed bank robbery and false information and hoaxes. [4:17-cr-01472-JAS-BGM-1] Criminal AZ Subm.
20-70396Esmeralda Gutierrez Aguirre v. Merrick Garland - Citizens ofMexico petition for review of the Board of Immigration Appeals' denial of their applications for asylum and related relief. Immigration BIA Subm.
20-71549Lorena Gallegos-Mendoza v. Merrick Garland - A citizen of El Salvador petitions for review of the Board of Immigration Appeals' denial of a motion seeking to reopen removal proceedings to apply for asylum and related relief based on changed conditions. Immigration BIA Subm.
20-15682
20-15863
20-15864		Frank Solis v. Millennium Pharm., Inc. - An appeal and cross-appeals from the district court's judgment in an action under the False Claims Act. [2:09-cv-03010-MCE-EFB]

 Civil E. CA 15 min
20-15896
20-15897		BNSF Railway Company v. County of Alameda - Appeal by several counties of the district court's grant of a motion for preliminary injunction, in which appellee alleged it was being unconstitutionally charged higher tax rates than the rates of other property in the same assessment jurisdiction. [4:19-cv-07230-HSG]
 Civil N. CA 20 min


2021-06-17  9:00 am  Courtroom 3, 3rd Floor Rm 307, James R. Browning U.S. Courthouse, San Francisco
Before: SCHROEDER, M. SMITH, Jr., and VANDYKE, Circuit Judges
Case No. Title Nature Origin Time / Side
19-10422
19-10423		USA v. Cristobal Reyes-Rodriguez - Appeals from conviction and sentence for reentry of a removed alien, and from a judgment revoking supervised release. [2:16-cr-00055-GMS-1]
 		 Criminal AZ 10 min
20-10020USA v. Tobias Soto-Melchor - Appeal from conviction for conspiracyto distribute methamphetamine, distributing methamphetamine, and possessing methamphetamine with intent to distribute. [1:18-cr-00142-LJO-SKO-2] Criminal E. CA 10 min
20-72087Jose Alfaro Henriquez v. Merrick Garland - A citizen ofEl Salvador petitions for review of the Board of Immigration Appeals' dismissal of an appeal under 8 C.F.R 1003.1(d)(2)(i)(G) based on waiver. Immigration BIA Subm.
20-17196Freelancer Int'l Pty Ltd. v. Upwork Global, Inc. - An appeal from the district court's order denying a motion for a preliminary injunction in a trademark action. [3:20-cv-06132-SI] Civil N. CA Subm.
20-17270E. E. v. Norris School District - Norris School District appeals the district court's order granting a preliminary injunction in an action under the Individuals with Disabilities Education Act. [1:20-cv-01291-AWI-JLT] Civil E. CA 15 min
20-73619Spread Your Wings, LLC v. USDC-CASJ - Petition for a writ of mandamus seeking to order the district court to withdraw its order granting the defendant AMZ Group, LLC's motion to dismiss and transferring this action to the United States District Court for the Eastern District of New York. [5:20-cv-03336-VKD] OP N. CA 15 min


2021-06-18  9:00 am  Courtroom 1, 3rd Floor Rm 338, James R. Browning U.S. Courthouse, San Francisco
Before: BRESS, and BUMATAY, Circuit Judges, and RAYES (Arizona), District Judge
Case No. Title Nature Origin Time / Side
19-70143Aurelio Gonzalez-Ortega v. Merrick Garland - A citizen of Mexico petitions for review of the Board of Immigration Appeals' denial of withholding of removal and protection under the Convention Against Torture. Immigration BIA Subm.
20-16227Armando Cortinas, Jr. v. State of Nevada - A Nevada state prisoner appeals the denial of his habeas corpus petition challenging his conviction for murder with a deadly weapon. [3:10-cv-00439-LRH-WGC] Habeas NV Subm.
20-16327Peter Munoz, Jr. v. Gregory Smith - A former Nevada state prisoner appealsthe denial of a habeas corpus petition seeking relief from lifetime supervision. [3:11-cv-00197-LRH-RAM] Habeas NV 10 min
19-10447USA v. Ruslan Kirilyuk - Appeal from sentence for mail fraud, wire fraud, and aggravated identity theft arising from a credit card fraud operation. [2:14-cr-00083-JAM-4] Criminal E. CA 15 min
20-15981William Albro v. Richard Spencer - Appeal of adismissal of a plaintiff's action against hisemployer, the Secretary of the Navy, alleging employment related claims under Title VII of the Civil Rights Act of 1964. [1:18-cv-01156-DAD-JLT] Civil E. CA 15 min
20-16171Jerry White v. Perry Russell - A Nevada state prisoner appeals the denial of his habeas corpus petition challenging his conviction for first-degree murder, robbery, and conspiracy to commit robbery. [3:04-cv-00412-GMN-CLB] Habeas NV 15 min


2021-06-18  9:00 am  Courtroom 3, 3rd Floor Rm 307, James R. Browning U.S. Courthouse, San Francisco
Before: M. SMITH, Jr., and VANDYKE, Circuit Judges, and GORDON (Nevada), District Judge
Case No. Title Nature Origin Time / Side
19-15310Patricia Conklin v. Molly Hill - A California state prisoner appeals the denial of her habeas corpus petition challenging her conviction forelder abuse causing great bodily injury against her mother. [4:16-cv-02860-JSW] Habeas N. CA Subm.
20-10158USA v. Ronald Ross, Jr. - Appeal from denial of request to modify conditions of supervised release. [3:04-cr-00284-DLR-1] Criminal AZ Subm.
20-72451Haifeng Huang v. Merrick Garland - A citizen of China petitions for review of the Board of Immigration Appeals' denial of asylum and related relief. Immigration BIA Subm.
20-73819George Mersho v. USDC-AZP - George Mersho and other members of the Nikola Investor Group II petition for a writ of mandamus, challenging the district court's order appointing lead plaintiff in a consolidated securities class action. [2:20-cv-01797-SPL] OP AZ 15 min
20-15105Charles Gordon v. Joe Lizarraga - A California state prisoner appeals the denial of her habeas corpus petition challenging her conviction and sentence for oral copulation with a person under 18,forcible rape,forcible sodomy,and corporal injury to cohabitant. [4:12-cv-00769-PJH] Habeas N. CA 20 min


Location Address


U.S. Court of Appeals for the Ninth Circuit
James R. Browning U.S. Courthouse
95 Seventh Street
San Francisco CA 94103


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A Time / Side value of "Subm." indicates the case will be submitted on the briefs, "Def." indicates submission deferred.