Gadda

Gadda v. Gonzales

Good Law
210 F. App'x 565
United States Court of Appeals for the Ninth CircuitDecember 7, 2006No. 04-16886California412 words

Opinion

Lead Opinion

*566 MEMORANDUM ***

Plaintiff/App ell ant Miguel Gadda appeals the district court’s grant of Defendants/Appellees’ motion for summary judgment and denial of his cross-motion for summary judgment. This Court reviews a district court’s summary judgment order de novo. Beene v. Terhune, 380 F.3d 1149, 1150 (9th Cir.2004).

First, Gadda asserts that the district court erred by applying this Court’s opinion in Gadda v. Ashcroft, 377 F.3d 934 (9th Cir.2004). This argument amounts to a request for reconsideration of that opinion. Three-judge panels, however, cannot reconsider or overrule a decision of a prior panel. See United States v. Gay, 967 F.2d 322, 327 (9th Cir.1992).

Second, Gadda contends that a requirement in the Northern District of California Local Rules that an attorney must be admitted in the California State Bar to practice before the Northern District, as well as a Department of Justice regulation conditioning the right to practice before the immigration courts on being a member in a state bar, should not be applied to him because he was admitted before the enactment of those requirements. However, the Northern District of California local rules are irrelevant to the…

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