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Judge Carney retiring. Cases re-assigned to liberal Biden judge.

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  • Rickybillegas
    Senior Member
    • Nov 2022
    • 1498

    Judge Carney retiring. Cases re-assigned to liberal Biden judge.

    Hot off the press (X) from Mr. Moros;

    "Judge Carney retired so Boland and May were transferred to this new Judge. To be honest though, I think the 9th (and SCOTUS) is going to decide the fate of these cases at this point anyway."

    The new judge is Monica Ramirez Almadani, a very pro-immigration Biden Judge.
    So for our more informed legal minds here, how will this affect our cases going forward?
    For example, May v Bonta is under review by the 9th circuit merits panel. What can Judge Almadani do while this case under appeal?
    As I understand, the parallel trial case for this case is under purview of the district court (Judge Carney). How does this work?
  • #2
    abinsinia
    Veteran Member
    • Feb 2015
    • 3973

    I think he just went to "senior status" which is what Benitez current status is. I wonder why he would transfer these cases since senior status just reduces your case load.

    Comment

    • #3
      Markinsac
      Senior Member
      • Jan 2007
      • 996

      He retired instead of taking senior status - he is listed as "inactive senior status"

      https://www.dailyjournal.com/article...ced%20workload.

      Comment

      • #4
        Rickybillegas
        Senior Member
        • Nov 2022
        • 1498

        Copper Jacket thinks this is probably a non-issue. Both these lawsuits have been litigated to a large extent. Unless at some point they are remanded from the 9th back down to the district court and then the new judge will have to address these. Otherwise the lawsuits will take their course in the 9th appeals circuit as they are currently. Still. We are sure going to miss judge Carney. Thank you for your service Judge!

        Comment

        • #5
          abinsinia
          Veteran Member
          • Feb 2015
          • 3973

          Originally posted by Rickybillegas
          Copper Jacket thinks this is probably a non-issue. Both these lawsuits have been litigated to a large extent. Unless at some point they are remanded from the 9th back down to the district court and then the new judge will have to address these. Otherwise the lawsuits will take their course in the 9th appeals circuit as they are currently. Still. We are sure going to miss judge Carney. Thank you for your service Judge!
          Both Boland and May are going back to the district court because they were appealed on preliminary injunction. There still needs to be a final judgement.

          Comment

          • #6
            Sgt Raven
            Veteran Member
            • Dec 2005
            • 3749

            Originally posted by abinsinia

            Both Boland and May are going back to the district court because they were appealed on preliminary injunction. There still needs to be a final judgement.
            At least we still have Renna.
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            • #7
              abinsinia
              Veteran Member
              • Feb 2015
              • 3973

              Originally posted by Sgt Raven

              At least we still have Renna.
              Yeah, I forget it was with Dana Sabraw.. I guess you're right, hopefully that works out.
              Last edited by abinsinia; 06-04-2024, 10:44 AM.

              Comment

              • #8
                Rickybillegas
                Senior Member
                • Nov 2022
                • 1498

                Originally posted by abinsinia

                Both Boland and May are going back to the district court because they were appealed on preliminary injunction. There still needs to be a final judgement.
                So how does this work if both the appellate court and the district court are working the same case in 'parallel'? What if the 9th circuit merits panel and the district judge come to different conclusions?

                Comment

                • #9
                  abinsinia
                  Veteran Member
                  • Feb 2015
                  • 3973

                  Originally posted by Rickybillegas

                  So how does this work if both the appellate court and the district court are working the same case in 'parallel'? What if the 9th circuit merits panel and the district judge come to different conclusions?
                  I don't think it's at the same time, the cases are on hold at the district court level pending the outcome at the appeals level. Once the appeals court rules then it would likely go back to the district court to continue the proceedings and for final judgement. Then the final judgement can again be appealed back to the court of appeals.

                  Comment

                  • #10
                    Rickybillegas
                    Senior Member
                    • Nov 2022
                    • 1498

                    Originally posted by abinsinia

                    I don't think it's at the same time, the cases are on hold at the district court level pending the outcome at the appeals level. Once the appeals court rules then it would likely go back to the district court to continue the proceedings and for final judgement. Then the final judgement can again be appealed back to the court of appeals.
                    Ah. Ok, I see, that makes sense now. I think that's why Mr. Moros is also not too concerned about this new judge. Because the appeals court will rule. And that's where we will "get screwed" (or hopefully not) as he put it.
                    By the time it goes back to the district court, she is likely to go along with the merits panel anyway. Thanks for the explanation. Some of us non-legal types get totally lost in this complicated court process.

                    Comment

                    • #11
                      abinsinia
                      Veteran Member
                      • Feb 2015
                      • 3973

                      Originally posted by Rickybillegas

                      Ah. Ok, I see, that makes sense now. I think that's why Mr. Moros is also not too concerned about this new judge. Because the appeals court will rule. And that's where we will "get screwed" (or hopefully not) as he put it.
                      By the time it goes back to the district court, she is likely to go along with the merits panel anyway. Thanks for the explanation. Some of us non-legal types get totally lost in this complicated court process.
                      Yeah, we'll get screw in either or both.

                      Comment

                      • #12
                        guntrust
                        CGN/CGSSA Contributor
                        CGN Contributor
                        • Jun 2009
                        • 785

                        That would be "marxist Biden judge"--i haven't seen a liberal in quite awhile as it's an unstable state.
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                        Comment

                        • #13
                          Rickybillegas
                          Senior Member
                          • Nov 2022
                          • 1498

                          Originally posted by guntrust
                          That would be "marxist Biden judge"--i haven't seen a liberal in quite awhile as it's an unstable state.
                          There are very few classical liberals anymore. Most are 'pseudo' liberals dressed in leftist fascist attire.

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