YU v. IDAHO STATE UNIVERSITY

No. 20-35582.

11 F.4th 1065 (2021)

Jun YU, Plaintiff-Appellant, v. IDAHO STATE UNIVERSITY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 31, 2021.


Attorney(s) appearing for the Case

Ronaldo A. Coulter (argued), Idaho Employment Law Solutions, Eagle, Idaho, for Plaintiff-Appellant.

Michael E. Kelly (argued), Special Deputy Attorney General; Shannon M. Graham , Attorney; Kelly Law PLLC, Garden City, Idaho, for Defendant-Appellee.

Olivia N. Sedwick , Murnaghan Appellate Advocacy Fellow, Public Justice Center, Baltimore, Maryland, for Amici Curiae Public Justice Center, Reed T. Korematsu Center for Law and Equality, Chinese American Progressive Action, Dr. Russell Jeung, LatinoJustice, and Chinese for Affirmative Action.

Lisa Hogan and Martha L. Fitzgerald , Brownstein Hyatt Farber Schreck LLP, Denver, Colorado, for Amici Curiae National Latinx Psychology Association, Society of Indian Psychologists, Association of Black Psychologists, and Asian-American Psychological Association.

Eva Paterson , Rau Mona Tawatao , and Christina Alvernaz , Equal Justice Society, Oakland, California; Kass Harstad and Erika Birch , Strindberg & Scholnick LLC, Boise, Idaho; for Amici Curiae Equal Justice Society, Legal Aid at Work, National Employment Lawyers Association, and Public Rights Project.

Concurrence by Judge Miller.


OPINION

Jun Yu, a Chinese international student, enrolled in Idaho State University's ("ISU") Doctoral Program in Clinical Psychology (the "Program") in 2008. He completed the requisite four years of instruction and wrote and successfully defended his dissertation...

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