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San Diego Will Have Close Encounters of the Ninth Kind February 6

By Robyn Hagan Cain | Last updated on

The Ninth Circuit Court of Appeals occasionally transforms itself into a sort of traveling circus, visiting law schools and letting students delight in the joy of seeing a real-life Article III judge. (Most recently, the court dazzled the students at UC Irvine.)

If you missed the last off-site hearing, you’re in luck: Next week, the three-judge panel of Ninth Circuit Judges Margaret McKeown, Milan Smith, Jr., and Senior District Judge Rudi Brewster will hold a hearing at the University of San Diego School of Law.

The panel will hear appeals in the following cases:

  • Oyeniran v. Holder. Daniel O. Oyeniran, a native and citizen of Nigeria, is petitioning for review of two Board of Immigration Appeals decisions regarding his application for deferral of removal under the Convention Against Torture. Oyeniran claims that he was persecuted in past, and fears future persecution on account of his father's position as an Archbishop and prominent Christian leader who is opposed to Islam.
  • Monge v. Maya Magazines, Inc. Noelia Lorenzo Monge, a Puerto Rican popstar, and Jorge Reynoso, a Mexican entrepreneur, appeal the district court's summary judgment in their Copyright Act lawsuit against Maya Magazines, Inc., and Maya Publishing Group LLC, which published photographs of the couple's Las Vegas nuptials in "TVNotas," a celebrity gossip magazine.
  • Solomon v. Cutler. Jack Solomon appeals the district court's judgment in favor of Judy Goffman Cutler in a dispute over who lawfully owns the Norman Rockwell painting "Russian Schoolroom." The painting was stolen from Solomon in St. Louis in 1973. Cutler, an art dealer, purchased the painting at auction in 1988, and sold the painting to Steven Spielberg in 1989. In 2006, Spielberg discovered the painting was stolen and informed the FBI. Everyone started suing and cross-suing each other. The district court found that Solomon consented to the 1988 auction, which justified Cutler's ownership claim.

The hearing will start at 10:30 a.m. on Monday, February 6, 2012 in the University of San Diego School of Law's Joan B. Kroc Institute for Peace and Justice Theatre at 5998 Alcala Park in San Diego. Photo identification is required for access to the courtroom.

This is one of the more buzz-worthy Ninth Circuit Court of Appeals hearings, and the University of San Diego School of Law is requiring reservations, which can be made online. No one can attend the hearing without a reservation.

Doors to the theatre open at 10:00 a.m., and everyone has to go through security. Cellphones are permitted if they are turned off, but no other bags, purses, laptops, or electronic devices will be allowed inside the theatre. Books, magazines, food, and beverages are also banned. Basically, bring your phone, a legal tablet, and a pen; nothing else. Courtroom attire is required.

For more information on the Ninth Circuit Court of Appeals hearing, contact Kay Manansala at

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