Case law

Robert Yiu Tsang Cheung v. District Director, Immigration and Naturalization Service

641 F.2d 666 · Court of Appeals for the Ninth Circuit · Mar 13, 1981

in the process of investing, capital totaling at least $10,000, and who establishes that he has had at least 1 year’s experience or training qualifying him to engage in such enterprise . .. … Finally, the majority expresses the apprehension that if professionals may qualify as investors, this would result in the “abandonment of labor certification for every *671 professional wealthy enough to establish his own

Antonio Luis Pereira-Diaz v. Immigration and Naturalization Service

551 F.2d 1149 · Court of Appeals for the Ninth Circuit · Apr 7, 1977

Clearly, the nature of business activities may be highly probative of intended duration. … that petitioner did not qualify under the “foreign residence” standard.

Commodities Futures Trading Commission v. Eurogold Exchange, and Gerald L. Rogers, Aka: J.K. Glenn, Defendant-Counter-Claimant-Appellant

52 F.3d 332 · Court of Appeals for the Ninth Circuit · Apr 11, 1995

The evidence clearly establishes Eurogold's option contracts were offered in violation of 7 U.S.C. Sec. 6c(b) and 17 C.F.R. … The State has not waived its immunity from Sec. 1983 claims. See Mitchell v.

Garden v. Hawley

104 F. App'x 2 · Court of Appeals for the Ninth Circuit · Jun 17, 2004

“It is well established that an appellate court will not reverse a district court on the basis of a theory that was not raised below.” Alaska Airlines, Inc. v. … immunity. .

Lawtis Rhoden v. Stephen Mayberg

473 F. App'x 737 · Court of Appeals for the Ninth Circuit · May 25, 2012

We review de novo a district court’s dismissal on qualified immunity grounds. Kwai Fun Wong v. United States, 373 F.3d 952, 966 n.18 (9th Cir. 2004). We affirm. … not clearly established.

Yang Ming Marine Transport Corp. v. Okamoto Freighters Ltd.

259 F.3d 1086 · Court of Appeals for the Ninth Circuit · Aug 7, 2001

The amount of compensation owed to Yang Ming by Laufer during this time is established by Yang Ming’s tariff. … The Pomerene Act provides carriers with immunity against claims for misdescribed cargo when the carrier qualifies the description of the cargo in the bill of lading with the phrase “said to contain” or similar language.

Wilbur v. Locket

423 F.3d 1101 · Court of Appeals for the Ninth Circuit · Sep 9, 2005

Baker, 63 F.3d 1478, 1489 (9th Cir. 1995) (“[T]he right of a state to impose and enforce a tax on cigarettes sold by Indians to nontribal members is . . . clearly established”). … “Feder- ally recognized Indian tribes enjoy sovereign immunity from suit, and may not be sued absent an express and unequivocal waiver of immunity by the tribe or abrogation of tribal immu- nity by Congress.”

Chee Kin Jang v. Reno

113 F.3d 1074 · Court of Appeals for the Ninth Circuit · May 14, 1997

The CSPA grants eligible applicants significant advantages in qualifying for an adjustment of immigration status under 8 U.S.C. § 1255 (a). See CPSA § 2(a). … The CPSA waived application of some of the general exclusion categories to otherwise qualifying PRC nationals, but retained others.

United States v. Neal T. Roberts and James Albert Robison

618 F.2d 530 · Court of Appeals for the Ninth Circuit · May 7, 1980

In exchange for his testimony in this case and three others, hé received immunity from prosecution for 10 felonies and was allowed to plead guilty to a reduced charge of second degree murder. … The Koss court declared that the evidence bore on credibility because the witness would lose his plea agreement immunity if he committed perjury, but cited no authority.

Dominguez v. Schwarzenegger

596 F.3d 1087 · Court of Appeals for the Ninth Circuit · Mar 3, 2010

Fifty-six of the State’s fifty-eight counties have established a NPC or PA. … Accordingly, we hold that the district court did not abuse its discretion in concluding that Plaintiffs established irreparable harm absent injunctive relief, as its finding regarding provider harm was not clearly erroneous

United States v. Marquez-Lobos

697 F.3d 759 · Court of Appeals for the Ninth Circuit · Jun 19, 2012

Under this approach, a prior conviction may only be used for a sentencing enhancement if “the record includes documentation or judicially noticeable facts that clearly establish that the conviction is a predicate for enhancement … Second, it could qualify if it constitutes “kidnapping in its generic sense.” Id. A. Element of Force The force necessary to qualify as a crime of violence must actually be “violent in nature.”

In Re Parker North American Corporation, Debtor. Parker North American Corporation v. Resolution Trust Corporation, as Receiver for Sooner Federal Savings and Loan Assoc., Parker North American Corporation v. Resolution Trust Corporation, as Receiver for Sooner Federal Savings and Loan Assoc.

24 F.3d 1145 · Court of Appeals for the Ninth Circuit · May 19, 1994

A. 14 Section 106(a) of the Code provides for a waiver of sovereign immunity when the government files a claim in a bankruptcy proceeding: "A governmental unit is deemed to have waived sovereign immunity with respect to any … The history of Sec. 1821(d) indicates, for example, that FIRREA "establishes a claims procedure, with specific deadlines for creditors." H.R.Rep.

Rickey Beaver v. Western State Hospital

457 F. App'x 638 · Court of Appeals for the Ninth Circuit · Nov 2, 2011

Deem in her individual capacity on the basis of qualified immunity was improper at this early stage of the proceedings because Beaver’s allegations that Dr. … Deem knowingly prescribed him medication to which he was allergic and thereafter knowingly failed for several weeks to prescribe pain medication for his chronic pain were sufficient to allege a violation of a clearly established

Gangaram N. Patel and Jasuben G. Patel v. Immigration and Naturalization Service

741 F.2d 1134 · Court of Appeals for the Ninth Circuit · Aug 28, 1984

The BIA properly concluded that the allegations of medical hardship were insufficient to establish a prima facie case of extreme hardship. … As such, Section 19 only qualified some alien investors for adjustment of status by making visas available to them. The legislative history of Section 19 clearly supports this interpretation.

Jose Gorostieta v. T. Hendrix

Court of Appeals for the Ninth Circuit · May 19, 2020

To determine whether an officer is entitled to qualified immunity, we ask “(1) whether there has been a violation of a constitutional right; and (2) whether that right was clearly established at the time of the officer’ … Under the second prong of the qualified immunity test, Defendants are entitled to judgment as a matter of law because they did not violate clearly established Fourth Amendment law existing “at the time of the conduct.”

United States v. Javier Rivera-Sanchez, A/K/A Jose Sanchez

247 F.3d 905 · Court of Appeals for the Ninth Circuit · Apr 18, 2001

INS, 214 F.3d 1128, 1133 (9th Cir.2000), we have interpreted Taylor’s edict to include examination of “documentation or judicially noticeable facts that clearly establish that the conviction is a predicate conviction for … “However, if the statute and the judicially noticeable facts would allow the defendant to be convicted of an ' offense other than that defined as a qualifying offense by the guidelines, then the conviction does not qualify

Antezana v. Richardson

125 F. App'x 108 · Court of Appeals for the Ninth Circuit · Jan 26, 2005

We review de novo the denial of summary judgment in a qualified immunity action. Elder v. Holloway, 510 U.S. 510, 516 , 114 S.Ct. 1019 , 127 L.Ed.2d 344 (1994). … Hayden, 387 U.S. 294, 298 , 87 S.Ct. 1642 , 18 L.Ed.2d 782 (1967) (establishing that officers may enter without a warrant if there are exigent circumstances). 2 Although the caller now states that he fabricated his complaint

Suever v. Connell

439 F.3d 1142 · Court of Appeals for the Ninth Circuit · Mar 13, 2006

Taylor employed the sovereign immunity framework established in Malone v. … By contrast, other types of requested relief are clearly barred by the Eleventh Amendment, for example, where the relief is premised solely on the State’s compliance with state law. See Pennhurst State Sch. & Hosp. v.

Dustin Palmer v. Santa Maria Police Dept.

Court of Appeals for the Ninth Circuit · Jan 25, 2021

Officer Green appeals from the district court’s order denying his motion for summary judgment on the basis of qualified immunity. … was “clearly established” at the time of the alleged violation.

Harriet McGarry Individually, and as Guardian Ad Litem of Dennis McGarry a Minor v. United States of America, Patricia McGarry Schell v. United States

549 F.2d 587 · Court of Appeals for the Ninth Circuit · Mar 21, 1977

The trial court’ findings in this regard were not clearly erroneous. F.R.Civ.P. Rule 52(a); Felder v. United States, 543 F.2d 657 (9th Cir. 1976). … attach for a failure to establish them, since the latter was the result of an exercise of the discretionary function.