Case law

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. Raqwon Slade

873 F.3d 712 · Court of Appeals for the Ninth Circuit · Oct 10, 2017

The PSR assigned three criminal history points for Slade’s prior conviction, which established a criminal history category of II. … We review de novo whether a state crime qualifies as a crime of violence under the Guidelines. United States v. Crews, 621 F.3d 849, 851 (9th Cir. 2010). III.

Leroy McGill v. David Shinn

16 F.4th 666 · Court of Appeals for the Ninth Circuit · Oct 21, 2021

Application of clearly established federal law under § 2254(d)(1) We will first examine the PCR court’s application of Strickland. … The PCR court’s conclusion is not contrary to clearly established Supreme Court precedent.

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.

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.

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.

Hillin L. Arnold v. Rogers C. B. Morton, the Secretary of Interior of the United States

529 F.2d 1101 · Court of Appeals for the Ninth Circuit · Jan 23, 1976

In establishing the former, President Taft withdrew “all lands included in [areas are described] . . . subject to valid existing rights.” 6 (emphasis supplied.) … Elk Hills, California (Reserve No. 1) and Bue-na Vista Hills, California (Reserve No. 2) were established by President Taft on September 2, 1912 and December 13, 1912, respectively.

Morongo Band of Mission Indians v. California State Board of Equalization

849 F.2d 1197 · Court of Appeals for the Ninth Circuit · Jun 14, 1988

As a result of the well-pleaded complaint rule, “few interpleader complaints have been found to qualify for federal question jurisdiction. … The tribe’s claim for declaratory relief was coupled with a claim for breach of contract and damages, over which we clearly had jurisdiction.

Siang Ken Wang v. Immigration and Naturalization Service

413 F.2d 286 · Court of Appeals for the Ninth Circuit · Jun 24, 1969

The board said: “Respondent has established eligibility for suspension of deportation; however, we shall deny relief as a discretionary matter. … Therefore, by copsidering as relevant the manner of petitioner’s 1954 entry into this country, the Board of Immigration Appeals applied a standard contrary to the clearly enunciated policy of Congress.

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

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. .

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.

Robins v. Harum

773 F.2d 1004 · Court of Appeals for the Ninth Circuit · Oct 3, 1985

Doe, 740 F.2d 322, 326 (5th Cir.1984) (“To hold Par-ratt applicable to the alleged fourth amendment violation in the present case [unreasonable seizure] would be to write Monroe out of existence, a result clearly not intended … Younger, this court held that conduct which occurs pursuant to an established institutional practice is not subject to the Parratt analysis because it is not random or unauthorized.

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.

United States v. Arnell

187 F. App'x 724 · Court of Appeals for the Ninth Circuit · Jun 29, 2006

“Once a conspiracy has been established, evidence of only a slight connection with it is sufficient to establish a defendant’s participation in it.” United States v. Castaneda, 16 F.3d 1504, 1510 (9th Cir.1994). … Accordingly, the district court did not clearly err in applying this enhancement to Kindsfather.

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.”

Eric Bates v. Arnold Schwarzenegger

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

The district court dismissed Plaintiffs’ claims based on qualified immunity. … See id. at 1229 (holding that there was no clearly established “right to be free from heightened exposure to Valley Fever spores”).

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

Monica Reese v. Jefferson School District No. 14j

208 F.3d 736 · Court of Appeals for the Ninth Circuit · Mar 29, 2000

Uncontroverted evidence established a factual basis for the discipline of the plaintiffs. Accordingly, the district court correctly disposed of the S 1983 claim. … immunity from the plaintiffs' S 1983 claim.