The scope of immigration appeals, finality after voluntary dismissals, the appealability of administrative remands, appealing the church-autonomy defense, and more.
March 2, 2023
February produced a variety of decisions and developments of note. I discussed many of these in posts throughout the month, which are summarized and linked below. There were also some developments on the issue of whether denials of church-autonomy defenses are immediately appealable via the collateral-order doctrine—a divided Second Circuit denied rehearing en banc on the issue, and a new cert petition asks the Supreme Court to address these appeals. Plus decisions on appealing foreclosure orders, reviewing factual determinations in immigration appeals, pendent appellate jurisdiction over a fees award, and more.
A cert grant on preserving issues via denied summary-judgment motions, appealing sanction-less contempts, some interesting uses of pendent appellate jurisdiction, and a new cert petition on appealing hardship determinations in immigration cases.
February 9, 2023
I’ve put the weekly roundup on hiatus for a now. In its place, I’m going to try (emphasis on try) more individual posts and monthly roundups.
So here is the first monthly roundup, covering the appellate-jurisdiction highlights of January 2023. It features a cert grant on a long-simmering circuit split, a new circuit split on contempt appeals, some pendent appellate jurisdiction, and a new cert petition on another split.