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

October 21-25, 2019

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.


2019-10-21  9:00 am  Courtroom 1, 3rd Floor Rm 338, James R. Browning U.S. Courthouse, San Francisco
Before: BYBEE, and N.R. SMITH, Circuit Judges, and MENDOZA, Jr. (Washington Eastern), District Judge
Case No. Title Nature Origin Time / Side
15-70902Rosa Hernandez-Romero v. William Barr - A citizen of El Salvador and U.S. lawful permanent resident petitions for review of the Board of Immigration Appeals' dismissal of petitioner's appeal of an Immigration Judge's denial of a motion to suppress, and a decision finding her removable as charged, and denying relief from removal. Immigration BIA 15 min
18-15630167 E. William LLC v. Thomas Spielbauer - An appeal from the district court's affirmance of the bankruptcy court's summary judgment in an adversary proceeding concerning the dischargeability of a debt. [5:17-cv-03071-BLF] Bankruptcy N. CA Subm.
18-15762Tanisha Tatum v. DaVita Healthcare Partners - An appeal from the district court's summary judgment in an employment discrimination case. [2:16-cv-00185-SPL] Civil AZ Subm.
18-15841Sofie Karasek v. University of California - An appeal from the district court's summary judgment in a Title IX case. [3:15-cv-03717-WHO] Civil N. CA 15 min


2019-10-22  9:00 am  Courtroom 1, 3rd Floor Rm 338, James R. Browning U.S. Courthouse, San Francisco
Before: THOMAS, Chief Judge, and HAWKINS, and BADE, Circuit Judges
Case No. Title Nature Origin Time / Side
18-10194USA v. Melvin Whitehead - Appeal from sentence for being a felon in possession of a firearm. [1:17-cr-00177-DAD-BAM-1] Criminal E. CA 10 min
18-10217USA v. Deauntre Montgomery - Appeal from conviction for possession of a firearm and ammunition as a convicted felon. [3:17-cr-00095-WHA-1] Criminal N. CA 10 min
18-15971Peter Little v. Joe Profiri - An Arizona state prisoner appeals the denial of his motion to reopen his habeas corpus petition challenging his conviction for first-degree murder and armed robbery. [2:06-cv-02591-FJM] Habeas AZ 10 min
18-16939Morgan Hill Concerned Parents v. CA Department of Education - Morgan Hill Concerned Parents Association appeals the district court's order staying its action against the California Department of Education, seeking statewide declaratory and injunctive relief under the Individuals with Disabilities Education Act. [3:18-cv-03367-VC] Civil N. CA Subm.
19-35565Yolany Padilla v. ICE - Government defendants appeal the district court's nationwide preliminary injunction requiring bond hearings for certain asylum seekers within seven days after a request by a class member.  [2:18-cv-00928-MJP] Civil W. WA 20 min


2019-10-22  9:30 am  Courtroom 3, 3rd Floor Rm 307, James R. Browning U.S. Courthouse, San Francisco
Before: WALLACE, and MURGUIA, Circuit Judges, and LASNIK (Washington Western), District Judge
Case No. Title Nature Origin Time / Side
15-70833Xianyang Shao v. William Barr - A citizen of China petitions for review of the Board of Immigration Appeals' denial of asylum, withholding of removal, and protection under the Convention Against Torture.  Immigration BIA 10 min
18-10384USA v. Olvin Centeno-Gamez - Appeal from sentence for possession with intent to distribute controlled substances within 1,000 feet of a school and illegal reentry after deportation. [3:18-cr-00204-SI-1] Criminal N. CA Subm.
18-10457USA v. Beniyihia Hebbar - Appeal from conviction for unlawful receipt or possession of an unregistered firearm. [2:16-cr-00328-JCM-GWF-1] Criminal NV Subm.
18-15421Jeannine Clark v. Amtrust North America - An appeal from the district court's summary judgment in an employment discrimination case. [3:16-cv-05561-MEJ] Civil N. CA 15 min
18-15601Debbie Silvia v. MCI Communications Services - Plaintiff appeals the district court's summary judgment in favor of MCI Communications, Inc. in a diversity putative class action alleging that plaintiffs were entitled to prevailing wages. [3:15-cv-04677-JSC] Civil N. CA 15 min
18-60005
18-60006
18-60040
18-60041
Ocwen Loan Servicing v. Christopher Marino - Appeals from the Bankruptcy Appellate Panel's opinion affirming in part and reversing in part the bankruptcy court's order imposing sanctions and denying a motion for attorneys' fees. [16-1229]


Bankruptcy NV 15 min


2019-10-22  9:00 am  Courtroom 4, 2nd Floor Rm 260, James R. Browning U.S. Courthouse, San Francisco
Before: BYBEE, N.R. SMITH, and COLLINS, Circuit Judges
Case No. Title Nature Origin Time / Side
17-60082Leah Ahn v. Priya Sanger - An appeal from the Bankruptcy Appellate Panel's affirmance of the bankruptcy court's order denying a contempt motion. [16-1421] Bankruptcy N. CA Subm.
18-16794Leah Ahn v. Michael Sanger - An appeal from the district court's affirmance in part and reversal in part of the bankruptcy court's judgment in an adversary proceeding concerning a judgment lien. [4:17-cv-05182-JST] Bankruptcy N. CA Subm.
17-72874Organic Cannabis Foundation v. CIR - Taxpayer appeal of Tax Court's dismissal of petition for redetermination of federal income tax deficiences because FedEx could not timely deliver petition to Tax Court. [10593-15] Tax Court N. CA 10 min
17-72877NoCal Small Business Assts. v. CIR - Taxpayer appeal of Tax Court's dismissal of petition for redetermination of federal income tax deficiences because FedEx could not timely deliver petition to Tax Court. [10594-15] Tax Court N. CA 5 min
18-16036Omaha Seldins v. David Birdsell - Holders of equity interests in a bankruptcy debtor appeal the district court's affirmance of the bankruptcy court's order for the sale of avoidance claims. [2:17-cv-00706-SPL] Bankruptcy AZ 15 min


2019-10-23  9:00 am  Courtroom 1, 3rd Floor Rm 338, James R. Browning U.S. Courthouse, San Francisco
Before: THOMAS, Chief Judge, and HAWKINS, and BADE, Circuit Judges
Case No. Title Nature Origin Time / Side
18-15596Abbey Dental Center v. Consumer Opinion - An appeal from the district court's denial of attorneys' fees in an action under the Lanham Act and Nevada law. [2:15-cv-02069-GMN-PAL] Civil NV Subm.
17-17292Heather Mattson v. John Kelly - A married couple appeals the district court's judgment in favor of government defendants in an action where the couple sought review of the revocation of the approved visa petition the U.S. citizen wife filed on behalf of her husband. [3:15-cv-00182-LRH-WGC] Civil NV 15 min
18-15452Jerome Mack v. CDCR - An appeal from the district court's summary judgment in an employment discrimination case. [1:15-cv-01600-JLT] Civil E. CA Subm.
18-60015Craig Sterling v. Linda Green - An appeal from the Bankruptcy Appellate Panel's affirmance of the bankruptcy court's approval of a settlement and sale. [16-1428] Bankruptcy N. CA Subm.
19-71352Matco Tools Corporation v. USDC-CASF - Matco Tools Corporation petitions for a writ of mandamus challenging the district court’s denial of Matco’s motion to transfer or dismiss the action pursuant to the doctrine of forum non conveniens. [3:19-cv-00463-WHO] OP N. CA Subm.
15-10516 USA v. Olga Palamarchuk - Four defendants appeal their convictions and sentences for conspiracy to commit mail fraud, false statements to a bank, and money laundering. [2:11-cr-00450-TLN-1] Criminal E. CA 20 min
15-10519 USA v. Peter Kuzmenko      
15-10530 USA v. Pyotr Bondaruk      
17-10344 USA v. Vera Zhiry      


2019-10-23  9:30 am  Courtroom 3, 3rd Floor Rm 307, James R. Browning U.S. Courthouse, San Francisco
Before: WALLACE, and BRESS, Circuit Judges, and ENGLAND, Jr. (California Eastern), District Judge
Case No. Title Nature Origin Time / Side
18-10331USA v. Fernando Romero-Salgado - Appeal from conviction and sentence for smuggling goods from the United States and possession of ammunition by a convicted felon. [4:17-cr-00131-RCC-BGM-2] Criminal AZ 15 min
18-15443San Francisco Herring Ass'n v. USDOI - San Francisco Herring Association appeals the district court’s order denying its motion for leave to file a second amended complaint in its action against the U.S. Park Service. [3:13-cv-01750-JST] Civil N. CA 15 min
18-60018Epicenter Partners v. CPF Vaseo Ass'n - An appeal from the Bankruptcy Appellate Panel's affirmance of the bankruptcy court's order overruling debtors' objections to a proof of claim. [17-1216] Bankruptcy AZ 15 min
18-70723Hamidullah Makhmoor v. Mission Essential Personnel - Petition for review from denial of claimant's compensation claim under the Longshore and Harbor Workers' Compensation Act.  [17-0339] Agency BRB Subm.


2019-10-23  9:00 am  Courtroom 4, 2nd Floor Rm 260, James R. Browning U.S. Courthouse, San Francisco
Before: BYBEE, N.R. SMITH, and COLLINS, Circuit Judges
Case No. Title Nature Origin Time / Side
15-71199Chuanhui Xing v. William Barr - A citizen of China 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.
16-72225Hector Vazquez-Pineda v. William Barr - Citizens of Mexico petition for review of the Board of Immigration Appeals' denial of their applications for asylum, withholding of removal, and protection under the Convention Against Torture. Immigration BIA Subm.
16-73028
17-70666
Gladys Orellana v. William Barr - 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.
18-15319William Breck v. Roger Doyle - An appeal from the dismissal of an action brought pursuant  to 42 U.S.C. § 1983 by pro se attorney William Breck alleging due process and equal protection violations arising from his disbarment proceedings in Nevada.  [3:12-cv-00649-MMD-VPC] Civil NV 10 min
15-73265Hermenegildo Ceballos v. William Barr - A citizen of Mexico and U.S. lawful permanent resident petitions for review of the Board of Immigration Appeals' dismissal of petitioner's appeal of an Immigration Judge's denial of cancellation of removal. Immigration BIA Subm.
17-10448USA v. Joseph Arpaio - Former Maricopa County Sheriff Joseph Arpaio, who was convicted of criminal contempt, appeals the district court's order denying his motion for vacatur beyond dismissal of the action with prejudice, in a case in which Arpaio received a presidential pardon before sentencing. [2:16-cr-01012-SRB-1] Criminal AZ 20 min


2019-10-24  9:00 am  Courtroom 1, 3rd Floor Rm 338, James R. Browning U.S. Courthouse, San Francisco
Before: MELLOY (Court of Appeals, 8th Circuit), BYBEE, and N.R. SMITH, Circuit Judges
Case No. Title Nature Origin Time / Side
18-10211USA v. Steven Walker - Appeal from sentence for being a felon in possession of a firearm. [1:16-cr-00088-LJO-SKO-1] Criminal E. CA 10 min
18-10319USA v. Richard Canterbury - Appeal from conviction and sentence for bank robbery. [2:16-cr-00107-KJD-PAL-1] Criminal NV Subm.
18-10353USA v. Mark Bausch - Briefs filed under seal. [2:14-cr-00399-KJD-GWF-1] Criminal NV Subm.
18-16172James Wright, Jr. v. Robert LeGrand - A California state prisoner appeals the denial of his habeas corpus petition challenging his conviction for robbery with a deadly weapon and eluding a police officer. [3:12-cv-00286-MMD-VPC] Habeas NV Subm.
18-10313USA v. Michael Galloway - Appeal from conviction and sentence for four counts of tax evasion. [1:14-cr-00114-DAD-BAM-1] Criminal E. CA 15 min
18-15840Pacific Coast Horseshoeing v. Kimberly Kirchmeyer - An appeal from the dismissal of an action challenging on First Amendment grounds Cal. Educ. Code § 94904(a), which requires private post-secondary educational institutions to confirm that prospective students have the ability to benefit from a proposed course of instruction. [2:17-cv-02217-JAM-GGH] Civil E. CA 20 min


2019-10-24  9:30 am  Courtroom 3, 3rd Floor Rm 307, James R. Browning U.S. Courthouse, San Francisco
Before: WALLACE, and BRESS, Circuit Judges, and LASNIK (Washington Western), District Judge
Case No. Title Nature Origin Time / Side
17-16052Jacob Mullan v. Eric Arnold - A California state prisoner appeals the denial of his habeas corpus petition challenging the imposition of a gang enhancement in connection with his conviction for forcible rape while in concert. [3:15-cv-01003-JD] Habeas N. CA Subm.
17-16084Ekanem Essien v. Suzanne Peery - A California state prisoner appeals the district court's denial of his habeas corpus petition challenging the imposition of gang enhancements in connection with his convictions for forcible rape while acting in concert and second degree robbery. [3:15-cv-02032-JD] Habeas N. CA Subm.
18-16043George Gibbs v. Robert LeGrand - A Nevada state prisoner appeals the denial of his habeas corpus petition challenging his conviction for drug charges and sex offenses involving minors. [2:11-cv-00750-KJD-CWH] Habeas NV 10 min
17-73101Hambal Khan v. William Barr - A citizen of Pakistan petitions for review of the Board of Immigration Appeals' denial of asylum, withholding of removal, and protection under the Convention Against Torture. Immigration BIA 15 min
17-73308
18-71754
Mohammed Altayar v. William Barr - A citizen of Iraq and U.S. lawful permanent resident petitions for review of 1) the Board of Immigration Appeals' dismissal of his appeal of an immigration judge's finding of removability and denial of asylum and related relief; and 2) BIA's denial of subsequent motion to reopen.
Immigration BIA 15 min
18-71015Jimmy Sudney v. William Barr - A citizen of Haiti and U.S. lawful permanent resident petitions for review of the Board of Immigration Appeals' dismissal of his appeal of an immigration judge's finding of removability and denial of asylum and related relief. Immigration BIA 15 min


2019-10-25  8:30 am  Courtroom 1, 3rd Floor Rm 338, James R. Browning U.S. Courthouse, San Francisco
Before: MELLOY (Court of Appeals, 8th Circuit), BYBEE, and N.R. SMITH, Circuit Judges
Case No. Title Nature Origin Time / Side
18-55555Brian Hunter v. K. Sorhiem - An appeal from the district court's summary finding that plaintiff, a California state prisoner, failed to exhaust his administrative remedies before bringing his 42 U.S.C. § 1983 action. [2:15-cv-09253-DMG-SK] Pr Non-HC C. CA Subm.
18-15531Jeffrey Mills v. K. Mitchell - An appeal from the district court's summary judgment for defendant prison officials in an action brought pursuant to 42 U.S.C. § 1983 by a California state prisoner alleging that officials retaliated against him. [4:16-cv-05095-HSG] Pr Non-HC N. CA 15 min
18-16761Rickey Scott v. Eric Arnold - The State of California appeals the district court's judgment granting habeas corpus relief to a prisoner convicted of first-degree murder. [4:16-cv-06584-JST] Habeas N. CA 10 min
18-15585
18-15878
USA v. Sterling Centrecorp Inc. - Sterling Centrecorp Inc. and Stephen Elder, pro se, appeal the district court's judgment in favor of the United States and California Department of Toxic Substances Control in the government's CERCLA action. [2:08-cv-02556-MCE-DB]
Civil E. CA 15 min
18-15629Mohamed Poonja v. Chandrakant Shah - An appeal from the district court's affirmance of the bankruptcy court's judgment after trial in an adversary proceeding brought by a chapter 7 trustee. [5:17-cv-00858-EJD] Bankruptcy N. CA 15 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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