Justia U.S. 6th Circuit Court of Appeals Opinion Summaries

Petitioners, Iraqi nationals, were ordered removed years ago because of criminal offenses they committed in the U.S. Iraq refused to repatriate them, so Petitioners remained under orders of supervision by U.S. Immigration and Customs Enforcement. In 2017, Iraq began to cooperate and removal of Iraqi nationals resumed. In April 2017 ICE conducted a removal by charter flight to Iraq, scheduling a second charter for June and arresting more than 200 Iraqi nationals. Iraq declined to issue requisite travel documents and would accept only Iraqi nationals who had unexpired passports and were returning on commercial flights. Petitioners filed a putative class action habeas petition on behalf of all Iraqi nationals with final orders of removal, who have been, or will be, arrested and detained as a result of Iraq’s recent decision,” seeking a TRO or stay of removal, pending arguments on allegedly changed country conditions. Under 8 U.S.C. 1252(g), immigration courts hold exclusive jurisdiction over removal proceedings. The district court stayed the final removal orders and concluded that it had jurisdiction to hear Petitioners’ claims as an as-applied constitutional violation of the Suspension Clause. The Sixth Circuit vacated. The district court lacked the jurisdiction. Rejecting Petitioners’ argument the petition-for-review process is constitutionally inadequate as an alternative to habeas review, the court noted that Petitioners had years to file motions to reopen and the administrative scheme provides multiple avenues to stay removal while pursuing relief. The court was not merely interpreting a statute: it “created out of thin air a requirement for bond hearings that does not exist in the statute; and adopted new standards that the government must meet.” View "Hamama v. Adducci" on Justia Law

Innovation sold 5-Hour Energy. In 2004, it contracted with CN to manufacture and package 5-Hour. Jones, CN's President and CEO, had previously manufactured an energy shot. When the business relationship ended, CN had extra ingredients and packaging, which Jones used to continue manufacturing 5-Hour, allegedly as mitigation of damages. The companies sued one another, asserting breach of contract, stolen trade secrets or intellectual property, and torts, then entered into the Settlement, which contains an admission that CN and Jones “wrongfully manufactured” 5-Hour products and forbids CN from manufacturing any new “Energy Liquid” that “contain[s] anything in the Choline Family.” CN received $1.85 million. CN was sold to a new corporation, NSL. Under the Purchase Agreement, NSL acquired CN's assets but is not “responsible for any liabilities ... obligations, or encumbrances” of CN except for bank debt. The Agreement includes one reference to the Settlement. NSL, with Jones representing himself as its President, took on CN’s orders and customers, selling energy shots containing substances listed in the Choline Family definition. Innovation sued. Innovation was awarded nominal damages for breach of contract. The Sixth Circuit affirmed the rejection of defendants’ antitrust counterclaim, that NSL is bound by the Settlement, and that reasonable royalty and disgorgement of profits are not appropriate measures of damages. Jones is not personally bound by the Agreement. Upon remand, Innovation may introduce testimony that uses market share to quantify its lost profits. The rule of reason provides the proper standard for evaluating the restrictive covenants; Defendants have the burden of showing an unreasonable restraint on trade. View "Innovation Ventures, LLC v. Nutrition Science Laboratories, LLC" on Justia Law

In 2012, Smith, a recording artist called Bigg Robb, wrote and recorded “Looking for a Country Girl” and registered his copyright. Thomas, called Bishop Bullwinkle, another Southern Soul musician, used the first 12 seconds of "Looking" as the beat for a new song, Hell 2 Da Naw Naw, without Smith’s permission or giving Smith credit. When the two were performing at the same venue, Smith, in his dressing room, “heard one of [his] songs playing” and rushed out to see Thomas performing Hell 2. Smith confronted Thomas, who admitted to sampling. As the two negotiated, Hell 2 went viral. Thomas uploaded a music video, which got millions of views, and articles were written about his “meteoric rise.” Eventually, Thomas stopped acknowledging Smith’s contribution. He publicly accused Smith of being a liar. Smith sued. Both parties represented themselves. Thomas did not appear at trial: he only filed a two-page answer to Smith’s complaint and two short conclusory letters. He ignored discovery requests. Smith gave a thorough presentation with supporting exhibits and played both songs. Smith explained that he had only a “guesstimation” of damages based on Hell 2’s YouTube views and Thomas’s public performances. The court awarded him 50% ownership rights in Hell 2 (and any derivatives) and enjoined Thomas from further infringement; found that Smith had not presented sufficient evidence to show actual damages but had “elected” statutory damages, 17 U.S.C. 504(c), and awarded Smith $30,000, substantially less than he requested. The Sixth Circuit affirmed. Smith made multiple statements that clearly indicated his intent to seek statutory damages. View "Smith v. Thomas" on Justia Law

Hosseini fled Iran and obtained asylum in the U.S. in 1999. He later unsuccessfully applied to adjust his legal status to become a lawful permanent resident. The government concluded that Hosseini provided material support to Iranian terrorist organizations, rendering him inadmissible under 8 U.S.C. 1182(a)(3)(B)(iv)(VI)(dd), by copying and distribution of flyers from organizations, including Mujahadin-e Khalq (MeK) and Fadain-e Khalq (FeK). Hosseini insists that the flyers alerted Iranians to the new regime’s human rights abuses, including its crackdown on women, students, workers, and civil dissidents. The Sixth Circuit affirmed that determination. Hosseini did not demonstrate by clear and convincing evidence that he “did not know, and should not reasonably have known, that the organization was a terrorist organization.” The government described a 1981 terrorist attack, during which MeK detonated bombs in the Islamic Republic party’s head office that killed “some seventy high-ranking Iranian officials. Given Hosseini’s acknowledgment that he “eagerly sought out information about various political viewpoints” after the 1979 revolution, it seems implausible that he was unaware of this attack and the organization that perpetrated it. While Hosseini left MeK voluntarily and did not engage in violent terrorism, Hosseini was not a minor during his six-year involvement with the groups; he admitted hearing rumors that MeK was engaged in terrorist activity. His support was relevant in introducing Iranians to the organizations and significant: the nonviolent flyers gave legitimacy to MeK and FeK although they were engaged in terrorism. View "Hosseini v. Nielsen" on Justia Law

Berry, charged with Conveying False Information Regarding Explosives, 18 U.S.C. 1038(a), allegedly placed a briefcase made to look like a bomb but containing only papers and no explosives, outside a bank. Berry suffers from mental illness. He apparently believes that he is the trustee of a trust which owns all of Bank of America’s assets and that it is his duty to execute the trust and repossess those assets. According to the government, the briefcase incident was not Berry’s first encounter with the bank. Berry is not competent to stand trial absent medication but he does not wish to be medicated. The district court ordered him to be treated with antipsychotic drugs. The Sixth Circuit vacated that order. Even assuming the five-year statutory maximum sentence for the charged crime makes it a serious offense that could qualify for Berry to be forcibly medicated, there are significant mitigating factors that weigh against finding that the government has a sufficient interest for such mandated treatment. Berry has already been confined for the length of time he likely would face as imprisonment if convicted, and his pretrial confinement would likely be credited against his jail term. View "United States v. Berry" on Justia Law

From 2007-2011, a group led by District employee Palazzo defrauded the Cuyahoga Heights School District. From 2009-2011, Defendant was part of this group. The scheme involved Palazzo submitting fake invoices to the District, purporting to be for IT-related goods and services. The vendors were actually shell corporations that never supplied goods or services of any kind to the District. The shell corporations were owned by Palazzo’s brother, Boyles, and Defendant. Five shell corporations defrauded the District of approximately $3.3 million. Defendant was aware, no later than 2009, that the scheme was a fraud. When the scheme was uncovered, Defendant sold his property, moved to Europe, and cut off communications with people in the U.S. He claims he was afraid of Palazzo, who had threatened his family. He was extradited and pled guilty under 18 U.S.C. 1341, 1349 (mail fraud), 18 U.S.C. 1956(h)(money laundering). The Sixth Circuit affirmed his a 70-month sentence, rejecting Defendant’s claims that he should have only received a 14-level offense level increase for the amount of loss that resulted from his offenses—$916,948.77, that he should have received a two-level decrease for playing only a minor role in the offenses, and that he should not have received a two-level increase for obstruction of justice. View "United States v. Donadeo" on Justia Law

Confidential informants learned that Ardd wanted to buy cocaine and connected him with Memphis officer Tellez, posing as an out-of-state cocaine dealer. Before a scheduled meeting, Tellez obtained a warrant to search Ardd’s home for drug records and drug proceeds “[u]pon Ardd being arrested for attempting to possess th[e] cocaine.” Tellez’s affidavit described his experience in narcotics investigations and stated that a reliable informant told him about Ardd’s drug activities; Ardd contacted Tellez several times during the year about buying distribution quantities of cocaine; Ardd was ready to buy. The affidavit described Ardd’s residence and noted the police had surveilled it. Officers observed the controlled buy and arrested Ardd after he showed Tellez money, climbed into Tellez’s car, and took the bag of cocaine. Police searched Ardd and seized the cocaine, $9,800, and a loaded pistol. In his home, they seized 34 baggies of drugs, digital scales, and a loaded pistol with an obliterated serial number. Police gave Ardd his Miranda warnings and supplied a written copy. Ardd admitted that he came to the parking lot with a loaded gun to obtain cocaine, and that he had been making up to a thousand dollars a week in cocaine sales for years and that he had more drugs and another gun at home. The Sixth Circuit affirmed the denial of a motion to suppress, Ardd’s convictions, and his 270-month sentence. View "United States v. Ardd" on Justia Law

In 2003, Jasso obtained lawful U.S. permanent resident status. More than a decade later, he pled guilty to first-degree home invasion in Michigan. DHS began removal proceedings, arguing that Jasso’s home-invasion conviction was a “crime of violence” under 8 U.S.C. 1101(a)(43)(F), 1227(a)(2)(A)(iii), which then defined a “crime of violence” with both an elements clause and a residual clause, 18 U.S.C. 16. The IJ found that Jasso’s home-invasion conviction was a crime of violence under the residual clause. Before the Board of Immigration Appeals acted, the Sixth Circuit found the residual clause unconstitutionally vague. The BIA remanded for a new removability determination. The IJ terminated the proceeding, warning Jasso that DHS could “recharge under a different theory.” Two days later DHS initiated a second removal proceeding, arguing that Jasso’s home-invasion conviction was a “burglary offense” rather than a “crime of violence,” 8 U.S.C. 1101(a)(43)(G), 1227(a)(2)(A)(iii). The IJ agreed and rejected Jasso’s argument that res judicata barred the second proceeding. The BIA affirmed, concluding that res judicata does not apply in removal proceedings involving aggravated felons. The Sixth Circuit vacated and remanded for determination of whether claim preclusion applies, which depends on whether the first removal proceeding was dismissed with or without prejudice—an issue never addressed by the Board. View "Jasso-Arangure v. Whitaker" on Justia Law

Gafurova, a citizen of Uzbekistan, entered the U.S. in June 2003, as a visitor. She remained in the U.S. without authorization and applied for Asylum in June 2004. An IJ ordered her removal, characterizing Gafurova’s asylum application as frivolous. The BIA denied Gafurova’s appeal but reversed the frivolity determination. The Second Circuit denied her petition for review. Gafurova moved to reopen because of a pending visa petition filed on her behalf by her husband. On remand, the IJ denied Gafurova’s application for adjustment of status because she had previously filed a frivolous asylum application. The BIA again remanded. DHS then submitted evidence that Gafurova’s 2011 visa petition was revoked; she was not eligible to seek adjustment of status. Gafurova moved to change venue to New York for a second asylum application, arguing that she converted to Christianity and that she would be viewed as a traitor in Uzbekistan because information is publicly available that she sought asylum. An IJ denied Gafurova’s motion, found her barred from filing a second application, and ordered her removal. The BIA dismissed her appeal. While Gafurova’s Sixth Circuit petition was pending, she again moved to reopen, citing “changed circumstances” in Uzbekistan and new Sixth CIrcuit law pertaining to asylum applications based solely upon well-founded fear of future persecution. The BIA denied her motion, stating that the public disclosure of the Second Circuit decision did not violate asylum confidentiality. The Sixth Circuit denied her petition for review, finding that the BIA applied the correct standards and that its decision was supported by substantial evidence. View "Gafurova v. Whitaker" on Justia Law

Petitioner, a citizen of the United Kingdom and a lawful U.S. permanent resident, was convicted of two counts of rape in 2011 under Ohio law. He was charged as removable for being convicted of an aggravated felony under 8 U.S.C. 1227(a)(2)(A)(iii), which lists rape as an aggravated felony, but it does not define the term. An IJ found held that Petitioner was removable without eligibility for relief. Petitioner argued in his appeal to the BIA that his Ohio conviction is not an aggravated felony because Ohio’s definition of rape includes digital penetration, whereas the federal law does not. The BIA disagreed. The Sixth Circuit reversed, noting that the Fifth Circuit and the BIA previously considered this question. The BIA reversed course in Petitioner’s case. A conviction for rape in Ohio can be committed by digital penetration, whereas the aggravated felony of rape under the Immigration and Nationality Act cannot; the Ohio conviction does not categorically fit within the federal definition, and Petitioner’s conviction is not an aggravated felony. View "Keeley v. Whitaker" on Justia Law