Panel: Bea Collins Bress (author) The panel reversed a district judge’s holding regarding appellate waiver, and remanded, in a case in which a criminal defendant—who pleaded guilty before a magistrate judge to one count of illegal entry into the United States—attempted to raise on appeal to the district judge due process and equal protection challenges to the handling of his prosecution in the Southern District of California.

Panel: Watford Miller (author) District Judge Benitez (dissenting in part) The panel affirmed in part and reversed in part the district court’s award of attorney’s fees following settlement in an action brought pursuant to 42 U.S.C. § 1983, and remanded.

Panel: Owens R. Nelson Miller (author) The panel affirmed a sentence for mail fraud, wire fraud, and conspiracy, in a case in which the defendant co-owned and operated companies that defrauded nearly 5,000 homeowners out of millions of dollars

Panel: Callahan Owens R. Nelson (author) The panel affirmed the district court’s grant of summary judgment to Riverside County in an action brought by Calvary Chapel Bible Fellowship, a non-denominational Christian church, asserting a facial challenge to the county zoning ordinance under the Religious Land Use and Institutionalized Persons Act.

Panel: Sixth Circuit Judge Boggs Berzon Watford (author) The panel affirmed the district court’s order, on summary judgment, denying qualified immunity to a police officer in an action brought pursuant to 42 U.S.C. § 1983 alleging that the officer used excessive force when he shot and severely wounded plaintiff after a slow-speed car pursuit.

Panel: Hawkins (author) M. Smith District Judge Lynn The panel filed: 1) an order amending its prior opinion, denying panel rehearing, and denying, on behalf of the court, rehearing en banc; and 2) an amended opinion denying Claudia Prado’s petition for review of a decision of the Board of Immigration Appeals. In the amended opinion, the panel held that Prado’s felony conviction for Possession of Marijuana for Sale under California Health & Safety Code § 11359 made her removable even though the conviction had been recalled and reclassified as a misdemeanor under California’s Proposition 64.

Panel: Paez (author) Rawlinson District Judge Huck The panel reversed the district court’s summary judgment in favor of defendants in an action brought pursuant to 42 U.S.C. § 1983 alleging that a Juvenile Corrections Officer violated plaintiff’s constitutional rights when he made sexual comments to her, groomed her for sexual abuse, and looked at her inappropriately while she was showering.

Panel: Bybee (author) N.R. Smith District Judge Mendoza The panel affirmed in part and vacated in part the district court’s judgment in favor of defendant Regents of the University of California on claims brought under Title IX of the Education Amendments of 1972 by three plaintiffs who were sexually assaulted while undergraduates at the University of California, Berkeley.

Panel: Watford Bennett Lee [Per Curiam] The panel reversed the district court’s judgment summarily dismissing, as an unauthorized “second or successive” petition, Nicolas Z. Morales’s 2017 habeas corpus petition challenging his 2009 California attempted-robbery conviction and three-strikes sentence.

Panel: Thomas Wallace (author) Callahan The panel affirmed in part, reversed in part, and dismissed in part, in consolidated appeals in a comeback case involving eleven district court orders, arising from a class action by Arizona state prisoners against Defendant Arizona Department of Corrections (ADC) senior officials, challenging the ADC’s provision of healthcare.

Panel: Graber (concurring, joined by District Judge Tunheim) Berzon (author) District Judge Tunheim The panel granted Ludwin Israel Lopez-Aguilar’s petition for review of a decision of the Board of Immigration Appeals, which found him removable based on his robbery conviction under Oregon Revised Statutes section 164.395, and held that section 164.395 is not a categorical theft offense and therefore not an aggravated felony under section 101(a)(43)(G) of the Immigration and Nationality Act.

En Banc Court: Thomas O’Scannlain W. Fletcher Berzon Rawlinson Clifton Bybee Callahan Murguia Watford Owens Author: W. Fletcher Concurrence : Watford Dissent: O’Scannlain, joined by Clifton, Bybee, Callahan Dissent: Bybee, joined by O’Scannlain, Clifton, Callahan The en banc court reversed the district court’s judgment following a bench trial in favor of defendants, the Arizona Secretary of State and Attorney General in their official capacities, in an action brought by the Democratic National Committee and others challenging, first, Arizona’s policy of wholly discarding, rather than counting or partially counting, ballots cast in the wrong precinct; and, second, House Bill 2023, a 2016 statute criminalizing the collection and delivery of another person’s ballot.

Panel: Graber (author) Berzon Fifth Circuit Judge Higginson The panel dismissed in part and denied in part a petition for review of the Board of Immigration Appeals’ denial of withholding of removal to a citizen of Guatemala, holding that this court lacked jurisdiction to consider petitioner’s renewed arguments concerning Convention Against Torture relief because that issue exceeded the scope of this court’s prior remand, and that substantial evidence supported the Board’s determination that the record did not establish that Guatemalan society recognizes people who report the criminal activity of gangs to police as a distinct social group for purposes of withholding relief.

Panel: Berzon Fourth Circuit Judge Thacker Hurwitz Concurring in the Denial of Rehearing En Banc: Berzon, Hurwitz Dissenting from the Denial of Rehearing En Banc: Collins, joined by Bea, Bennett, Bress The panel filed an order denying a petition for panel rehearing and denying on behalf of the court a petition for rehearing en banc, in a case in which the panel affirmed the district court’s order granting a motion to suppress evidence obtained as a result of the defendant’s encounter with a Crow Indian Reservation police officer while the defendant’s truck was parked on the shoulder of United States Route 212, which is a public right-of-way that crosses the Reservation.

Panel: Tallman (author) Ikuta (dissenting) N. Smith The panel reversed the district court’s order dismissing claims brought under 42 U.S.C. § 1983 and § 1985 on the ground that the claims were barred by Heck v. Humphrey, 512 U.S. 477 (1994), and remanded.