Block on Trump's Asylum Ban Upheld by Supreme Court
In US v. Celis, No. 07-3075, the D.C. Circuit affirmed defendants' convictions for conspiring to import cocaine and to manufacture and distribute cocaine for import into the United States, on the ground that, in issuing and managing a protective order, the district court accommodated the government's law enforcement interests in a manner that did not impermissibly intrude upon appellants' Sixth Amendment rights and did not result in prejudice that would require reversal of their convictions.
AEP Tex. North Co. v. Surface Transp. Bd., No. 09-1202, concerned an electric utility's petition for review of the Surface Transportation Board's denial of a portion of petitioner's petition requesting a recomputation of petitioner's cost of equity capital for the years 1998-2005. The court of appeals granted the petition in part, holding that the Board's particularly cursory analysis of the 2005 cost of equity estimates constituted arbitrary and capricious decisionmaking. However, the court denied the petition in part, holding that the fact that the Board did not agree that the changed circumstances warranted changing prior years' calculations did not by itself mean the Board acted arbitrarily or capriciously or failed to consider seriously petitioner's evidence.
Action Alliance of Senior Citizens v. Sebelius, No. 09-5191, concerned an action seeking to retain plaintiffs' mistaken refunds of their Medicare premiums. The court of appeals affirmed the dismissal of the complaint, holding that the Social Security statute allowed waiver from recovery of overpaid Social Security benefits, not waiver from recovery of mistaken Medicare Part D premium refunds.
Obaydullah v. Obama, No. 09-5328, involved a habeas petition challenging the lawfulness of petitioner's detention at the Naval Station at Guantanamo Bay, Cuba. The court of appeals reversed the district court's order staying the petition, on the ground that the prolonged delay in adjudicating petitioner's petition was inconsistent with the Supreme Court's teaching in Boumediene v. Bush that a detainee at Guantanamo Bay was entitled to a prompt habeas corpus hearing.
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