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This week, the Ninth Circuit declines to extend a recent Supreme Court decision on retaliatory arrest to the immigration bond revocation context, and resolves a particularly hairy preemption question about state-law challenges to dietary supplement labeling.
The Court holds that the Supreme Court’s decision in
Nieves v. Bartlett, 139 S. Ct. 1715 (2019), does not apply to a noncitizen’s claim that Immigration and Customs Enforcement (“ICE”) unconstitutionally retaliated against him for his speech when revoking his bond and rearresting him.
Panel: Chief Judge Thomas, Judge Schroeder, and Judge Berzon, with Chief Judge Thomas writing the opinion.