Case law

Nation v. U.S. Department of the Interior

819 F.3d 1084 · Court of Appeals for the Ninth Circuit · Apr 6, 2016

Unlike the Antiquities Act, ARPA clearly distinguishes between “public lands” and “Indian lands” held in trust by the federal government. See id. § 470bb(3)-(4). … Section 702 of the APA waives sovereign immunity for suits alleging wrongful agency action or inaction. Id. § 702.

State of Hawaii v. Donald Trump

871 F.3d 646 · Court of Appeals for the Ninth Circuit · Sep 7, 2017

Elshikh’s mother-in-law, clearly has such a relationship. … Elshikh’s mother-in-law, clearly has such a relationship.” Id. (emphasis added).

David Schwake v. Arizona Board of Regents

Court of Appeals for the Ninth Circuit · Jul 29, 2020

“Qualified immunity shields government officials from civil liability unless a plaintiff establishes that: (1) the official violated a constitutional right; and (2) that right was ‘clearly established’ at the time of the … Schwake failed to identify any law that clearly established a right to informational privacy in the context of university disciplinary proceedings.2 The Defendants are therefore entitled to qualified immunity for alleged

United States v. Ghilarducci

220 F. App'x 496 · Court of Appeals for the Ninth Circuit · Jan 29, 2007

defense — there, insanity— had not been established. … Sweet’s argument fails because his informal immunity agreement clearly and unambiguously granted him only direct use, and not derivative use, immunity.

Francisca Elena Ortega De Robles v. Immigration and Naturalization Service

58 F.3d 1355 · Court of Appeals for the Ninth Circuit · Jun 2, 1995

To establish domicile, aliens must not only be physically present here, but must intend to remain. … On the other hand, the statutory scheme clearly reflects an entirely different view of the nonimmigrant.

Nilsen v. University of Washington

Court of Appeals for the Ninth Circuit · Aug 13, 2026

We now consider whether Kohn’s three-factor test is “clearly irreconcilable” with Galette. See Miller v. Gammie, 335 F.3d 889, 893 (9th Cir. 2003) (en banc). … Washington also extends sovereign immunity to UW in its own courts as an arm of the state.

Kearney v. Foley & Lardner

Court of Appeals for the Ninth Circuit · Sep 18, 2009

[2] Not all petitioning activity is immunized, however. A “sham” exception to the doctrine developed to prevent the immunization of conduct that used “governmental process . . . as an anticompetitive weapon.” … Although Living Designs was not considered under Noerr-Pennington, the Sosa court said “the conduct alleged quite clearly fell within the third prong of Kottle’s sham litigation exception, in that it amounted to a ‘knowing

Landin-Molina v. Holder

580 F.3d 913 · Court of Appeals for the Ninth Circuit · Sep 1, 2009

Thus, § 1153(d) clearly contemplates that the marital relationship exists before the principal receives immigrant status. … It is undisputed that Landin married his wife after she adjusted to lawful permanent resident status; therefore, Landin does not qualify as a grandfathered alien under established INS rules and policies, which we view as

Alliance of Nonprofits for Ins v. Brett Barratt

712 F.3d 1316 · Court of Appeals for the Ninth Circuit · Apr 8, 2013

Assuming, however, that the Order fits within the scope of § 3905(d), it still would not qualify for the exception. … Clearly, RRGs stood to benefit from freedom from some state regulations.

Akio Kawashima v. Gonzales

503 F.3d 997 · Court of Appeals for the Ninth Circuit · Sep 18, 2007

If the record of conviction fails to establish that the petitioner’s offense qualifies as an aggravated felony, the government has failed to meet its burden of proving that the defendant committed an aggravated felony. … Here, as in Notash , our precedents clearly establish the limited number of documents a court may consider under the modified categorical approach.

Association of Public Agency Customers v. Bonneville Power Administration

733 F.3d 939 · Court of Appeals for the Ninth Circuit · Oct 28, 2013

We held that the petitioners had standing to sue EPA, concluding, in part, that their pecuniary injury was “clearly a sufficient basis” upon which to establish an “injury in fact,” as required by Lujan, 25 Id. at 1537 (quotation … BPA will then determine if the IOU qualifies for REP benefits by comparing the IOU’s ASC to the “utility-specific exchange rate” established for that IOU. ROD 112.

Barbosa v. Barr

926 F.3d 1053 · Court of Appeals for the Ninth Circuit · Mar 28, 2019

Additionally, the BIA held that Petitioner failed to establish membership in a "particular social group," so he was not entitled to withholding of removal under 8 U.S.C. § 1231 (b)(3)(A). … And we have clearly held that "imputed wealthy Americans" are not a discrete class of persons recognized as a particular social group. Ramirez-Munoz v. Lynch , 816 F.3d 1226 , 1229 (9th Cir. 2016).

St. Joseph Hospital v. Leavitt

334 F. App'x 57 · Court of Appeals for the Ninth Circuit · Dec 24, 2008

To qualify for an exception to its prospective payment rate based on “[ajtypical service intensity,” see 42 C.F.R. §§ 413.182 (a), 413.184(a) (2001), St. … Moreover, the regulations clearly establish the duty of an applicant for an exception request to provide specific documentary information, including “documentation on costs of nursing personnel ... showing ...

Correll v. Schriro

465 F.3d 1006 · Court of Appeals for the Ninth Circuit · Oct 2, 2006

In sum, there was a substantial amount of mitigating evidence available 5 that is clearly sufficient to establish prejudice under the Supreme Court’s standard in Wiggins, 539 U.S. at 534-38, 123 S.Ct. 2527 . … “A reasonable tactical choice based on an adequate inquiry is immune from attack under Strickland.” Gerlaugh, 129 F.3d at 1033 .

Nathan S. Smith v. Arthur R. Grimm and Jeannine Grimm

534 F.2d 1346 · Court of Appeals for the Ninth Circuit · May 19, 1976

However, this statute does not appear in the complaint, and cannot serve as a basis for jurisdiction since it is clearly collateral to Smith’s claim. Gully, supra. … We once again note the bar of sovereign immunity as an additional impediment to plaintiffs allegation of mandamus jurisdiction. See generally note 6 supra.

Randal T. Barber, and Hawaiian Navigable Waters Preservation Society, a Non Profit Corporation and on Behalf of Its Members and All Others Similarly Situated v. State of Hawai'i United States of America, and United States of America, Hawaiian Navigable Waters Preservation Society, a Non Profit Corporation and on Behalf of Its Members and All Others Similarly Situated v. State of Hawai'i Rex Johnson, in His Capacity as Director of Hawai'i Department of Transportation

42 F.3d 1185 · Court of Appeals for the Ninth Circuit · Nov 30, 1994

PRIVILEGES AND IMMUNITIES. 77 The Preservation Society raises for the first time on appeal the argument that the fee differentials imposed in the small boat harbors violates the Privileges and Immunities Clause (Art. … privileges and immunities claim").

UNITED STATES of America, Plaintiff-Appellee, v. James E. MELVIN, Defendant-Appellant

91 F.3d 1218 · Court of Appeals for the Ninth Circuit · Jul 31, 1996

Here, the evidence shows that Melvin clearly had knowledge of the details of the conspiracy. … See Application Note 2 to the Commentary of § 3B1.1 (to qualify for the enhancement, supervision of one other participant is sufficient). VII.

Seldovia Native Ass'n v. Lujan

904 F.2d 1335 · Court of Appeals for the Ninth Circuit · May 31, 1990

Whether the eleventh amendment immunizes a state from suit is a question of law that we also review de novo. BV Engineering v. … “Absent a clearly expressed legislative intention to the contrary, that language must ordinarily be regarded as conclusive.” Consumer Product Safety Comm’n v.

Daisy Reyna v. County of Los Angeles

Court of Appeals for the Ninth Circuit · Jan 20, 2021

issue, we agree with the district court that no such law was clearly established. … “Qualified immunity attaches when an official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” White v. Pauly, 137 S.

Ernest W. Hahn, Inc. v. Hugh B. Codding, Codding Enterprises v. Ernest W. Hahn, Inc.

615 F.2d 830 · Court of Appeals for the Ninth Circuit · Mar 20, 1980

Although not denominated as such, this was clearly a dismissal for failure to state a claim for relief under Fed.R.Civ.P. 12(b)(6). … The basic antitrust immunity established by Noerr was reaffirmed in United Mine Workers v. Pennington, 381 U.S. 657 , 85 S.Ct. 1585 , 14 L.Ed.2d 626 (1965).