Case law

Jose Manuel Ochoa-Amaya v. Alberto R. Gonzales, Attorney General

472 F.3d 674 · Court of Appeals for the Ninth Circuit · Dec 29, 2006

Rejecting Ochoa-Amaya’s interpretation of the CSPA’s formula for calculating whether an alien qualifies as a child, BIA concluded that Ochoa-Amaya failed to meet his burden to establish prima facie eligibility for adjustment … While subsection (h)(2) does refer to a relationship described in § 1153, it clearly identifies a petition filed under § 1154, which includes the 1-130 petition adjudicated by INS.

Donnelly v. United States

841 F.2d 968 · Court of Appeals for the Ninth Circuit · Mar 10, 1988

(Section 1346(f) is the jurisdiction-vesting counterpart to § 2409a’s waiver of sovereign immunity.) … In other words, does the existence of an alternate jurisdictional basis preserve jurisdiction for resolving title disputes un *972 der the QTA, or does the qualifying language of § 2409a(e) simply mean that the disclaimer

United States v. County of Humboldt

628 F.2d 549 · Court of Appeals for the Ninth Circuit · Sep 24, 1980

We shall reach the constitutional issue of federal immunity from state taxation to make clear that even if a state court disagreed with our construction of its law this tax would still be impermissible. 1. … We grant substantial deference to the determination of state law by a district judge residing in that state, and will reverse his decision only if “clearly wrong.” Transport Indemnity Co. v.

United States v. Carl Greer MacDonald

339 F.3d 1080 · Court of Appeals for the Ninth Circuit · Aug 13, 2003

Other substances can qualify as hazardous waste if testing shows that they exhibit the “characteristics” of hazardous waste. See 40 C.F.R. §§ 261.3 (a)(2)(i), 261.20(a). … The Government maintains that the testimony at Listoe’s. sentencing hearing supports the district court’s finding because the testimony clearly established that (1) certain constituents of methamphetamine ingredients were

Temengil v. Trust Territory of the Pacific Islands

881 F.2d 647 · Court of Appeals for the Ninth Circuit · Jul 28, 1989

Plaintiff has not shown that the district court’s findings were clearly erroneous. See Rathgeb v. Air Cal, Inc., 812 F.2d 567, 570 (9th Cir.1987). … The temporary separate bureaucracy established by the Secretary of Interior was dissolved. .

James Thomas v. Everett Carroll

407 F. App'x 142 · Court of Appeals for the Ninth Circuit · Dec 22, 2010

The district court denied the motion of the ODOT individual defendants for summary judgment on the grounds of qualified immunity. We affirm. … The constitutional proposition that an arrest may not be made without probable cause of a violation is clearly established.

Wayne Schulte v. City of Los Angeles

361 F. App'x 748 · Court of Appeals for the Ninth Circuit · Jan 5, 2010

Katz, 533 U.S. 194 (2001), namely to determine whether (a) the facts that the plaintiff has alleged make out a constitutional violation, and (b) if so, whether the constitutional right at issue was clearly established … See Saucier, 533 U.S. at 202 (“The relevant, dispositive inquiry in determining whether a right is clearly established is whether it would be clear to a reasonable officer that his conduct was unlawful in the situation

Joseph A. Russ, James Whipple, and the Covelo Indian Community of the Round Valley Indian Reservation, in Intervention and v. Richard E. Wilkins, And

624 F.2d 914 · Court of Appeals for the Ninth Circuit · Aug 1, 1980

However, when read in light of the legislative history of the Act and the surrounding circumstances, the wording of the 1890 Act clearly shows that the intent of Congress was to establish a smaller manageable reservation … There would be no need to use the qualifying phrase “at present existing” if the reservation were to retain its then current boundaries.

Sandra Jean Smith v. United States

932 F.2d 791 · Court of Appeals for the Ninth Circuit · May 1, 1991

As the Supreme Court has recently reaffirmed, congressional legislation is presumed to apply only within the territorial jurisdiction of the United States, unless the legislation clearly expresses a contrary intent on the … We do not believe that such a negative implication can suffice to establish clear congressional intent to have the FTCA apply to torts in Antarctica.

United States v. Stanley N. Howell, Warren S. Cochran, Cochran & Howell, a Partnership, Post Cleaners, Thrifty Cleaners

318 F.2d 162 · Court of Appeals for the Ninth Circuit · May 27, 1963

A cause of action cannot operate within the area of the False Claims Act unless a false or fraudulent claim can be established. See United States v. Farina, 153 F.Supp. 819 (D.N.J.1957) and cases cited therein. … Even so, this does not justify putting an interpretation on the word “claim” as used in the statute which is clearly untenable. Moreover, this is not the Government’s only remedy.

Lindy Pen Company, Inc., and Blackfeet Plastics, Inc. v. Bic Pen Corporation

725 F.2d 1240 · Court of Appeals for the Ninth Circuit · Feb 16, 1984

None of these findings is clearly erroneous. … Lindy challenges both of these findings as clearly erroneous.

Sandschulte v. City of Black Diamond

37 F.3d 1506 · Court of Appeals for the Ninth Circuit · Sep 27, 1994

First, the terminated employee must establish that the relevant conduct was constitutionally protected. … Olson argues, however, that the district court's judgment should be affirmed because Olson is entitled to qualified immunity because Sandschulte failed to establish that Olson's conduct was objectively unreasonable.

Sklar v. Commissioner

549 F.3d 1252 · Court of Appeals for the Ninth Circuit · Dec 12, 2008

Both schools also qualified as organizations described in I.R.C. § 170(b)(1)(A), which allows donors to deduct charitable donations to qualifying institutions. … It established that the Closing Agreement “allows individuals to claim, as charitable contributions, 80 percent of the cost of qualified religious services.” Id.

Aracely Marinelarena v. Jefferson Sessions

869 F.3d 780 · Court of Appeals for the Ninth Circuit · Aug 23, 2017

On appeal, the BIA held that Petitioner had failed to establish that her conspiracy conviction did not qualify as a controlled substance offense under 8 U.S.C. § 1182 (a)(2)(A)(i)(II). … The decisions are not clearly irreconcilable. C.

United States v. Kenneth Barker

942 F.2d 585 · Court of Appeals for the Ninth Circuit · Aug 7, 1991

NLRB, 461 U.S. 731, 743 , 103 S.Ct. 2161, 2170 , 76 L.Ed.2d 277 (1983) (baseless litigation is not immunized by the First Amendment right to petition). … The two positions are quite distinct, and the trial judge clearly, stated that he could not say that the verdict was against the weight of evidence, or that the jury had been wrong. .

Demery v. Arpaio

378 F.3d 1020 · Court of Appeals for the Ninth Circuit · Aug 6, 2004

Charles, 219 F.3d 202, 213 (2d Cir.2000) (reversed in part district court’s partial summary judgment which found staged perp walk had violated Fourth Amendment rights of Plaintiff and denying qualified immunity to defendants … ; appellate court found Fourth Amendment violation, but also found defendant police officers were entitled to qualified immunity).

Crosby v. Schwartz

678 F.3d 784 · Court of Appeals for the Ninth Circuit · May 4, 2012

We deny Crosby’s petition on this ground because he has not established that there is any clearly established Supreme Court law that holds that the Constitution guarantees a right to a jury trial after a valid waiver of that … To apply the deference required under AEDPA, we first must determine what constitutes clearly established Federal law in this context. As we previously recognized in Gonzalez v.

Lord v. Arizona

286 F. App'x 364 · Court of Appeals for the Ninth Circuit · Jul 3, 2008

To establish a prima facie case of disability discrimination under the FRA, a plaintiff must demonstrate that (1) she is a person with a disability, (2) who is otherwise qualified for employment, and (3) suffered discrimination … The evidence establishes, and the DOC does not dispute, that Lord’s asthma was a physical impairment. See 45 C.F.R. § 84.3 (j)(2)(i)(A) (1989).

Celena King v. Great American Chicken Corp.

903 F.3d 875 · Court of Appeals for the Ninth Circuit · Sep 6, 2018

To qualify for remand under the local controversy exception in CAFA, King had to establish that “greater than two-thirds” of the class members were citizens of California. … The impression that this case would qualify for the local or home-state controversy exception is easy to understand.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellee, v. COUNTY OF LOS ANGELES, Defendant-Appellant

706 F.2d 1039 · Court of Appeals for the Ninth Circuit · May 26, 1983

County of Santa Barbara, 666 F.2d 373 , 376 (9th Cir.1982) that “a factual foundation is necessary to establish that age is a BFOQ.” … The district court’s conclusion that the County failed to establish a BFOQ is based on findings that are not clearly erroneous. AFFIRMED. 1 .