ninth circuit Archives - WE Blog @ AABANY

August 8, 2022August 8, 2022

NAPABA Applauds the Confirmation of Judge Roopali H. Desai to the United States Court of Appeals for the Ninth Circuit

For Immediate Release:
Date: August 5, 2022

Contact: Priya Purandare, Executive Director

WASHINGTON – Yesterday, the U.S. Senate confirmed Judge Roopali H. Desai to the United States Court of Appeals for the Ninth Circuit. Confirmed in record time, Judge Desai is the first South Asian American judge to serve on the Ninth Circuit.

“NAPABA congratulates Judge Desai on her confirmation to the United States Court of Appeals for the Ninth Circuit,” said A. B. Cruz III, acting president of NAPABA.” Judge Desai is a trusted legal expert with a broad coalition of bipartisan support. Her experience, legal acumen and background brings much needed representation and legal diversity to the Ninth Circuit.”

Previously Judge Desai served as partner at Coppersmith Brockelman. She served as a law clerk for The Honorable Mary Schroeder, Chief Judge on the United States Court of Appeals for the Ninth Circuit and is a graduate of the University of Arizona James E. Rogers College of Law, the Mel and Enid Zuckerman College of Public Health, and the University of Arizona.

NAPABA thanks President Biden for nominating Judge Desai and Senator Sinema and Senator Kelly for recommending and supporting her nomination.

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The National Asian Pacific American Bar Association (NAPABA), represents the interests of over 60,000 Asian Pacific American (APA) legal professionals and nearly 90 national, state, and local APA bar associations. NAPABA is a leader in addressing civil rights issues confronting APA communities. Through its national network, NAPABA provides a strong voice for increased diversity of the federal and state judiciaries, advocates for equal opportunity in the workplace, works to eliminate hate crimes and anti-immigrant sentiment, and promotes the professional development of people of all backgrounds in the legal profession.

June 15, 2022June 15, 2022

NAPABA Applauds Nomination of Roopali H. Desai to the U.S. Court of Appeals for the Ninth Circuit

For Immediate Release: June 15, 2022
Contact: Mary Tablante, Associate Strategic Communications & Marketing Director

WASHINGTON – Today, President Joe Biden nominated Roopali H. Desai to serve on the U.S. Court of Appeals for the Ninth Circuit. If confirmed, Desai would be the first South Asian American appellate judge on the Ninth Circuit.

“NAPABA congratulates Roopali H. Desai on her historic nomination to the Ninth Circuit,” said A.B. Cruz III, acting president of NAPABA. “Ms. Desai is a highly respected attorney, with nearly two decades of experience and a strong commitment to public interest. Her broad range of legal experience, representing both plaintiffs and defendants—including state agencies and municipalities, unions, corporations, elected officials, non-profit and public interest organizations, membership/professional organizations, individuals, and hospital and health care institutions, will be a welcome addition on the appellate court.”

Desai is a partner in the litigation group at Coopersmith Brockelman, PLC in Phoenix, AZ. She also serves as a professor of practice at the University of Arizona, James E. Rogers College of Law. Earlier in her career, Desai clerked on the U.S. Court of Appeals for the Ninth Circuit for Chief Judge Mary M. Schroeder. She is endorsed by NAPABA’s affiliate the Arizona Asian American Bar Association. Desai received her Juris Doctor, Master of Public Health, and Bachelor of Arts from the University of Arizona.

NAPABA thanks President Biden for nominating Roopali H. Desai and Senator Sinema and Senator Kelly for recommending and supporting her nomination.

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December 21, 2021December 21, 2021

NAPABA Celebrates the Confirmation of Lucy H. Koh to the U.S. Court of Appeals for the Ninth Circuit

WASHINGTON- On Dec. 13, the U.S. Senate confirmed Judge Lucy H. Koh to the U.S. Court of Appeals for the Ninth Circuit. Judge Koh is the first Korean American female federal appellate judge in the nation’s history.

“NAPABA congratulates Judge Koh on her historic confirmation to the Ninth Circuit to become the first Korean American female federal appellate judge in the United States,” said Sid Kanazawa, president of NAPABA. “Judge Koh is a devoted public servant, a trailblazer, a mentor to young lawyers, and a dear friend. She has and continues to make us so proud.

“Thank you, Senators Feinstein and Padilla for recommending Judge Koh. Thank you, President Biden for nominating her. And thank you Leader Schumer for announcing, during our annual NAPABA Convention, that Judge Koh would receive a floor vote.”

In 2010, Judge Koh made history, becoming the first Korean American federal district court judge when she was unanimously confirmed to the U.S. District Court for the Northern District of California. Prior to the federal bench, Judge Koh has served on the Superior Court of California, in the U.S. Department of Justice, as special counsel in the Office of Legislative Affairs, and as an assistant U.S. attorney. Her nomination had strong bi-partisan support, including from former California Governor Arnold Schwarzenegger. Judge Koh is a graduate of Harvard University and Harvard Law School.

December 20, 2021December 20, 2021

NAPABA Celebrates the Confirmation of Jennifer Sung to the U.S. Court of Appeals for the Ninth Circuit

WASHINGTON – Today, the U.S. Senate confirmed Jennifer Sung to the U.S. Court of Appeals for the Ninth Circuit. Judge Sung is the first AAPI to serve on the Ninth Circuit in Oregon—a state where Asians are the fastest-growing group and now make up six percent of the state’s population.

“NAPABA congratulates Jennifer Sung on her historic confirmation to the Ninth Circuit to become the first AAPI to serve in Oregon,” said Sid Kanazawa, president of NAPABA. “Judge Sung has a long career serving as an advocate for AAPIs and workers across the nation. We are thankful to Leader Schumer for bringing her nomination for a floor vote, Senators Wyden and Merkley for recommending Judge Sung, and President Biden for nominating her.

“Today there are twelve AAPI federal appellate court judges out of 179 and there has never been a AAPI on the U.S. Supreme Court. The confirmation of Judge Sung highlights an important and urgent need for greater representation of our community on the courts.”

Judge Sung is a member of the Oregon Employment Relations Board and was previously an executive board member of the New York chapter of the Asian Pacific American Labor Alliance. She was a partner at McKanna Bishop Joffe, LLP in Portland. Judge Sung is a graduate of Oberlin College and Yale Law School.

Judge Sung’s confirmation follows the confirmation of Judge Lucy H. Koh to the Ninth Circuit on Monday.

September 10, 2021September 10, 2021

NAPABA Applauds Nomination of Lucy H. Koh to the United States Court of Appeals for the Ninth Circuit

On September 8, 2021, President Joe Biden nominated Lucy H. Koh of California to serve on the United States Court of Appeals for the Ninth Circuit.

If confirmed, Judge Koh would be the first female Korean American federal circuit court judge in the nation’s history.

“NAPABA congratulates Judge Lucy H. Koh on her historic nomination to serve on the U.S. Court of Appeals for the Ninth Circuit,” said A.B. Cruz III, President of NAPABA. “Judge Koh is a proven entity with over a decade of state and federal judicial service, with strong bona fides in technology, intellectual property, business litigation, and criminal law.”

In 2010, Judge Koh was unanimously confirmed to the U.S. District Court for the Northern District of California by a 90-0 vote after her nomination received wide bipartisan support. Prior to her tenure on the federal bench, Judge Koh served on the Superior Court of California for Santa Clara County, having been appointed in 2008 by Governor Arnold Schwarzenegger.

Judge Koh has held various positions in the U.S. Department of Justice, notably as a special assistant to the U.S. Deputy Attorney General, as Special Counsel in the Office of Legislative Affairs, and as an Assistant U.S. Attorney in the U.S. Attorney’s Office for the Central District of California. Judge Koh has been a partner at the law firm of McDermott Will & Emery in Silicon Valley and before that, worked at Wilson Sonsini Goodrich & Rosati. Judge Koh is a graduate of Harvard University and Harvard Law School.

July 1, 2021July 1, 2021

NAPABA Applauds Nomination of Jennifer Sung to the Court of Appeals for the 9th Circuit and Shalina Kumar to the District Court for the Eastern District of Michigan

WASHINGTON – On June 30, President Joe Biden announced his intent to nominate Jennifer Sung to the United States Court of Appeals for the Ninth Circuit and Shalina D. Kumar to the U.S. District Court for the Eastern District of Michigan. If confirmed, Ms. Sung would be President Biden’s first Asian American and Pacific Islander (AAPI) to serve on the appellate court and the first AAPI to serve on the Ninth Circuit in Oregon. Judge Kumar would be the first AAPI Article III judge on the federal courts in Michigan.

“NAPABA congratulates Jennifer Sung on her nomination to the U.S. Court of Appeals for the Ninth Circuit, and Judge Shalina Kumar on her nomination to the U.S. District Court for the Eastern District of Michigan,” said A.B. Cruz III, President of NAPABA. “It is indeed a historic slate for the AAPI legal community. If confirmed, Judge Kumar would be the first AAPI Article III judge in the state of Michigan. President Biden’s intent to nominate Ms. Sung is critical for our community to increase the visibility of AAPI jurists on the appellate bench. Of the 179 authorized federal appellate court judges, there are only 10 AAPIs who are actively serving.”

Ms. Sung is currently a member of the Oregon Employment Relations Board, where she adjudicates disputes involving labor relations for an estimated 3,000 Oregon employers and 250,000 workers in the public and private sector covered by collective bargaining laws. Prior to her appointment to the Board, she was a partner at McKanna Bishop Joffee, LLP in Portland. Earlier in her career, Ms. Sung was an executive board member of the New York chapter of the Asian Pacific American Labor Alliance. She is a graduate of Oberlin College and earned her J.D. from Yale Law School.

Judge Kumar currently serves as Chief Judge of the Oakland County Sixth Circuit Court in Michigan. She has been on the bench since 2007, has served as presiding judge of the Adult Treatment Court, and was appointed Chief Judge by the Michigan Supreme Court in 2018. Judge Kumar previously practiced at the Weiner & Cox law firm and served on the executive board of the Michigan Trial Lawyers Association and as a member of the Women’s Bar Association. She earned her bachelor’s degree from the University of Michigan, and her law degree from the University of Detroit-Mercy.

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The National Asian Pacific American Bar Association (NAPABA) is the largest Asian Pacific American membership organization representing the interests of approximately 60,000 legal professionals and nearly 90 national, state, and local Asian Pacific American bar associations. NAPABA is a leader in addressing civil rights issues confronting Asian Pacific American communities. Through its national network, NAPABA provides a strong voice for increased diversity of the federal and state judiciaries, advocates for equal opportunity in the workplace, works to eliminate hate crimes and anti-immigrant sentiment, and promotes the professional development of people of color in the legal profession.

December 12, 2019

Press Release: NAPABA Celebrates the Confirmation of Patrick Bumatay to the U.S. Court of Appeals for the Ninth Circuit

For Immediate Release December 10, 2019

WASHINGTON – Today, Patrick J. Bumatay was confirmed to the U.S. Court of Appeals for the Ninth Circuit.

“NAPABA congratulates Patrick Bumatay on his historic confirmation to serve on the U.S. Courts of Appeals for the Ninth Circuits,” said NAPABA President Bonnie Lee Wolf. “Judge Bumatay is the first Filipino American to serve as a federal appellate judge and the first openly gay judge on the Ninth Circuit. We are proud to have supported Judge Bumatay’s nomination.”

Patrick J. Bumatay is an Assistant United States Attorney in the U.S. Attorney’s Office for the Southern District of California. He currently serves in the Office’s Appellate Section, representing the United States before the Ninth Circuit Court of Appeals. Bumatay has held numerous positions in public service throughout the Department of Justice, including the top three leadership offices. He clerked for Judge Timothy M. Tymkovich of the U.S. Court of Appeals for the Tenth Circuit and Judge Sandra L. Townes of the U.S. District Court for the Eastern District of New York. He is a graduate of Yale University and Harvard Law School. He is an active member of NAPABA, our affiliated bar—the National Filipino American Lawyers Association, and the Tom Homann LGBT Law Association.

NAPABA thanks President Trump for nominating Patrick Bumatay to the bench.

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The National Asian Pacific American Bar Association (NAPABA) is the national association of Asian Pacific American (APA) attorneys, judges, law professors, and law students. NAPABA represents the interests of over 50,000 attorneys and over 80 national, state, and local bar associations. Its members include solo practitioners, large firm lawyers, corporate counsel, legal services and non-profit attorneys, and lawyers serving at all levels of government. NAPABA engages in legislative and policy advocacy, promotes APA political leadership and political appointments, and builds coalitions within the legal profession and the community at large. NAPABA also serves as a resource for government agencies, members of Congress, and public service organizations about APAs in the legal profession, civil rights, and diversity in the courts.

NAPABA | 1612 K St. NW, Suite 510 | Washington, DC 20006 | www.napaba.org

September 23, 2019

Press Release: NAPABA Applauds the Nominations of Patrick Bumatay to the U.S. Court of Appeals for the Ninth Circuit and Judge Steve Kim to the U.S. District Court for the Central District of California

For Immediate Release
August 29, 2019

For More Information, Contact:
Navdeep Singh, Policy Director
202-775-9555; [email protected]

WASHINGTON – President Trump announced the nominations of Patrick J. Bumatay to the U.S. Court of Appeals for the Ninth Circuit and Judge Steve Kim to the U.S. District Court for the Central District of California.

“NAPABA congratulates Patrick Bumatay on his nomination to serve on the U.S. Courts of Appeals for the Ninth Circuit,” said NAPABA President Daniel Sakaguchi. “A career prosecutor, Mr. Bumatay is an experienced attorney who will bring his strong commitment to fairness and public service to the bench. We urge the Senate to swiftly consider his historic nomination and confirm him as the first Filipino American to serve as a federal appellate judge and the first openly gay judge on the Ninth Circuit.”

“NAPABA congratulates Judge Steve Kim on his nomination to serve on the U.S. District Court for the Central District of California,” continued Sakaguchi. “A current federal magistrate judge, he is recognized by his peers on the bench and in the bar for his leadership and commitment to the practice of law. We urge the Senate to swiftly consider his nomination and confirm him to the bench.”

Steve Kim is a U.S. Magistrate Judge for the U.S. District Court for the Central District of California. He presides over both criminal and civil matters. He was the Regional Managing Direct at Stroz Friedbarg, LLC, and is a former Assistant U.S. Attorney in the Criminal Division. He clerked for Judge Sidney R. Thomas on the U.S. Court of Appeals for the Ninth Circuit and District Judge Stephen V. Wilson in the Central District of California. He is a graduate of the University of Oklahoma, with special distinction, and Georgetown University Law Center, magna cum laude.

NAPABA commends President Trump for nominating Patrick Bumatay and Judge Steve Kim.

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To learn more about NAPABA, visit www.napaba.org, like us on Facebook, and follow us on Twitter (@NAPABA).

October 15, 2018

NAPABA Congratulates APA Nominees to the Second and Ninth Circuits

On Wednesday, President Trump announced his intent to nominate three Asian Pacific Americans to serve on the U.S. Courts of Appeals. Michael H. Park was nominated to serve as a judge on the Second Circuit. Patrick J. Bumatay and Kenneth K. Lee were nominated to serve as judges on the Ninth Circuit. If they are confirmed, the number of active Asian Pacific American federal appellate court judges would increase to a historic ten. Six Asian Pacific Americans have been nominated to the U.S. Court of Appeals this year, which is the highest number to ever have been nominated to federal appellate courts during a single presidential term. This is also the first time that three Asian Pacific Americans have been nominated to federal appellate court judgeships in a single day.

Michael H. Park is a partner at Consovoy McCarthy Park, where he focuses on litigation and securities enforcement. He has experience in both private practice and government, including in the Office of Legal Counsel at the Department of Justice. He clerked for then-Judge Samuel Alito on the U.S. Court of Appeals for the Third Circuit, and later clerked for Justice Alito on the Supreme Court of the United States. He is a graduate of Princeton University and Yale Law School. If confirmed, Park would be the second Asian Pacific American to serve on the Second Circuit.

Patrick J. Bumatay is an Assistant United States Attorney in the U.S. Attorney’s Office for the Southern District of California. He is currently on detail to the Office of the Attorney General in the Department of Justice. Bumatay has held numerous positions in public service throughout the Department of Justice. He clerked for Judge Timothy M. Tymkovich of the U.S. Court of Appeals for the Tenth Circuit and Judge Sandra L. Townes of the U.S. District Court for the Eastern District of New York. He is a graduate of Yale University and Harvard Law School. He is an active member of NAPABA, its affiliated bar—the National Filipino American Lawyers Association—and the Tom Homann LGBT Law Association. If confirmed, Bumatay would be the first Filipino American to serve as an Article III federal appellate judge.

Kenneth Kiyul Lee is a partner at Jenner & Block LLP, where his practice focuses on internal investigations and appellate litigation before multiple U.S. Courts of Appeals. He is also member of the firm’s Diversity & Inclusion Committee and maintains a robust pro bono practice. Lee has worked in private practice and as Associate Counsel to President George W. Bush. He clerked for Judge Emilio M. Garza of the U.S. Court of Appeals for the Fifth Circuit. He is a graduate of Cornell University and Harvard Law School. If confirmed, Lee would join Judge Jacqueline Nguyen, the only other active Asian Pacific American judge on the Ninth Circuit.

May 1, 2017

NAPABA Leads 43 APA Bar Associations in Ninth Circuit Amicus Brief to Continue Fight in First Legal Challenge to President’s Revised Muslim and Refugee Ban

News Release

For Immediate Release
April 21, 2017

For More Information, Contact:
Brett Schuster, Communications Manager
[email protected], 202-775-9555

WASHINGTON — The
National Asian Pacific American Bar Association (NAPABA) led 43 of its
national associate and affiliate bar associations in filing an amicus brief
in the U.S. Court of Appeals for the Ninth Circuit to support the
preliminary injunction of President Trump’s March 6, 2017, revised
executive order barring refugees and individuals from six
Muslim-majority countries from entering the United States.

The Trump Administration’s appeal in this case, State of Hawaii v. Trump, arises from the first legal challenge to the revised executive order, which was
brought on March 7, 2017, on behalf of the State and Ismail Elshikh,
Imam of the Muslim Association of Hawaii. NAPABA filed an amicus brief
on March 12 supporting the plaintiffs’ request for a temporary restraining order. On March 15,
Judge Derrick K. Watson of the U.S. District Court for the District of
Hawaii granted the temporary restraining order, which he converted into a
preliminary injunction on March 29
to extend the block on the travel and refugee restrictions. The U.S.
district court in Maryland has also enjoined the six-country visa ban,
and the Administration’s appeal in that case is pending in the Fourth
Circuit, where NAPABA filed an amicus brief on April 19.

“Having
challenged the revised executive order from this initial lawsuit,
NAPABA is proud of the growing momentum across our national network as
we continue our advocacy in the courts,” said NAPABA President Cyndie M.
Chang. “As leaders in the legal profession and as Asian Pacific
Americans whose communities have experienced the harms of exclusionary
laws, NAPABA has an imperative to stand against this unlawful
anti-Muslim and anti-immigrant order.”

NAPABA’s
amicus brief describes decades of statutory exclusion of citizens of
Asian and Pacific Island countries under early U.S. immigration law,
including the Chinese Exclusion Act of 1882 — the first federal law to
ban a group of people on the basis of their race. The Civil Rights Era
marked a dramatic turning point that saw Congress dismantle
nationality-based discrimination with the Immigration and Nationality
Act of 1965. The brief explains that presidential discretion in the area
of immigration and refugee admission, while broad, is limited by
statute. NAPABA argues that President Trump’s revised order, with its
anti-Muslim underpinnings, violates the unambiguous prohibition on
discrimination established by Congress.

NAPABA recognizes lead pro bono counsel, James W. Kim, a NAPABA member and partner at McDermott
Will & Emery LLP, in Washington, D.C., Mr. Kim’s team (including
Andrew Genz, Philip Levine, Joshua Rogaczewski, Matthew Girgenti, and
Michael Stanek), and NAPABA Amicus Committee co-chairs, Professor Radha
Pathak of Whittier Law School and Albert Giang, a partner at Boies,
Schiller & Flexner LLP in Los Angeles, for their leadership drafting
the brief, which also involved the efforts of NAPABA staffers.

The Ninth Circuit will hear the case on May 15, 2017, in Seattle.

NAPABA’s brief was endorsed by:

Arizona Asian American Bar Association
Asian American Bar Association of the Greater Bay Area
Asian American Bar Association of Greater Chicago
Asian American Bar Association of New York
Asian American Bar Association of Ohio
Asian American Criminal Trial Lawyers Association
Asian American Lawyers Association of Massachusetts
Asian Bar Association of Washington
Asian Pacific American Bar Association of Central Ohio
Asian Pacific American Bar Association of Los Angeles County
Asian Pacific American Bar Association of Pennsylvania
Asian Pacific American Bar Association of Silicon Valley
Asian Pacific American Bar Association of South Florida
Asian Pacific American Bar Association of Tampa Bay
Asian Pacific American Bar Association of Virginia
Asian Pacific American Lawyers Association of New Jersey
Asian Pacific American Women Lawyers Alliance
Asian/Pacific Bar Association of Sacramento
Austin Asian American Bar Association
Chinese American Bar Association of Greater Chicago
Connecticut Asian Pacific American Bar Association
Filipino American Lawyers Association of Chicago
Filipino American Lawyers of San Diego
Filipino Bar Association of Northern California
Japanese American Bar Association
Korean American Bar Association of Chicago
Korean American Bar Association of Northern California
Korean American Bar Association of Southern California
Korean-American Bar Association for the Washington, DC Area
Korean American Lawyers Association of Greater New York
Michigan Asian Pacific American Bar Association
Minnesota Asian Pacific American Bar Association
Missouri Asian American Bar Association
National Asian Pacific American Bar Association – Hawaii Chapter
National Filipino American Lawyers Association
Orange County Asian American Bar Association
South Asian Bar Association of Chicago
South Asian Bar Association of Northern California
South Asian Bar Association of Southern California
South Asian Bar Association of Washington
Southern California Chinese Lawyers Association
Tennessee Asian Pacific American Bar Association
Thai American Bar Association
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Read the amicus brief here.

Read NAPABA’s amicus brief in the district court in State of Hawai‘i v. Trump.

Read NAPABA’s amicus brief the parallel Fourth Circuit case, International Refugee Assistance Project v. Trump.

Read the March 6, 2017, statement of NAPABA and the South Asian Bar Association – North America, joined by 14 affiliates, against the revised executive order.

For more information, the media may contact Brett Schuster, NAPABA communications manager, at 202-775-9555 or [email protected].

The
National Asian Pacific American Bar Association (NAPABA) is the
national association of Asian Pacific American attorneys, judges, law
professors, and law students. NAPABA represents the interests of almost
50,000 attorneys and approximately 75 national, state, and local Asian
Pacific American bar associations. Its members include solo
practitioners, large firm lawyers, corporate counsel, legal services and
non-profit attorneys, and lawyers serving at all levels of government.

NAPABA
continues to be a leader in addressing civil rights issues confronting
Asian Pacific American communities. Through its national network of
committees and affiliates, NAPABA provides a strong voice for increased
diversity of the federal and state judiciaries, advocates for equal
opportunity in the workplace, works to eliminate hate crimes and
anti-immigrant sentiment, and promotes the professional development of
people of color in the legal profession.

To learn more about NAPABA, visit www.napaba.org, like us on Facebook, and follow us on Twitter (@NAPABA).

National Asian Pacific American Bar Association | 1612 K St. NW, Suite 510 | Washington, D.C. 20006 | www.napaba.org