Case law

Leon Perez v. Garland

105 F.4th 1226 · Court of Appeals for the Ninth Circuit · Jun 28, 2024

The Court was “decid[ing] whether a conviction under a state statute criminalizing consensual sexual intercourse between a 21-year-old and a 17-year-old qualifies as sexual abuse of a minor under the INA.” … “Absent such a change, only an en banc panel of our court may overrule or revise the binding precedent established by a published opinion.” Id. at 938–39.

Billy Russell Clark v. Tim Murphy

317 F.3d 1038 · Court of Appeals for the Ninth Circuit · Jan 23, 2003

The court concluded that the Arizona Court of Appeals’ finding that Clark’s statement was ambiguous was not contrary to or an unreasonable application of clearly established federal law. … the Supreme Court. 3 The only definitive source of clearly established federal law under AEDPA is the holdings (as opposed to the dicta) of the Supreme Court as of the time of the state court decision.

Mary Anne Bendixen v. Standard Insurance Company

185 F.3d 939 · Court of Appeals for the Ninth Circuit · Aug 2, 1999

In this case, the policy language clearly confers discretion on Standard to decide whether a claimant is disabled. 1 Therefore, the standard is abuse of discretion. … The court qualified this exception stating that "[t]he district court should exercise its discretion, however, only when circumstances clearly establish that additional evidence is necessary to conduct an adequate de novo

Jones v. Bradley

590 F.2d 294 · Court of Appeals for the Ninth Circuit · Jan 11, 1979

The ULC as a Religion It is clearly impermissible to inquire into the “truth” of religious doctrines or beliefs. United States v. Ballard, 322 U.S. 78 , 64 S.Ct. 882 , 88 L.Ed. 1148 (1944). … Under the standards of these cases, the ULC probably would not qualify as a religion. Expert testimony heard by the district court also urged this conclusion. But see Remmers v.

National Nut Co. of California v. Sontag Chain Stores Co.

107 F.2d 318 · Court of Appeals for the Ninth Circuit · Nov 3, 1939

Therefore the defendant in this suit is not aided by any theory that it acquired the machine from one who had an immunity from suit prior to the time of the reissue, and by reason thereof was likewise protected by such immunity … Associated Automatic Sprinkler Co., 3 Cir., 1917, 241 F. 252, 253 , 254: “The law upon the question of priority of invention is well established.

Ronald S. Burgo v. Edwin T. Shimoda

990 F.2d 1256 · Court of Appeals for the Ninth Circuit · Mar 17, 1993

indifference." 6 Qualified immunity protects government officials who perform discretionary functions from liability for damages if their conduct does not violate clearly established statutory or constitutional rights of … This decision does not affect our determination of whether Burgo had a clearly established right at the time of the alleged violation, for purposes of Shimoda's claim of qualified immunity. See Anderson v.

Marc A. Stretten v. Wadsworth Veterans Hospital

537 F.2d 361 · Court of Appeals for the Ninth Circuit · May 18, 1976

The Congress clearly meant to use the term “physician” as a title of a position and not as synonymous with a holder of an M.D. degree. … “(b) The Administrator shall have authority to establish residencies and internships; to appoint qualified persons to such positions without regard to civil-service or classification laws, rules, or regulations; and to prescribe

David Pickup v. Edmund Brown, Jr.

Court of Appeals for the Ninth Circuit · Jan 29, 2014

“It is a basic principle of due process that an enactment is void for vagueness if its prohibitions are not clearly defined.” Grayned v. City of Rockford, 408 U.S. 104, 108 (1972). … Indeed, it is hard to understand how therapists who identify themselves as SOCE practitioners can credibly argue that they do not understand what practices qualify as SOCE.

Anthony Mitchell v. Joseph Chronister

Court of Appeals for the Ninth Circuit · Oct 3, 2018

when considered in the light most favorable to the plaintiff, show no violation of a constitutional right, or no violation of a right that is clearly established in law.” … Our jurisdiction, however, “does not extend to all denials of qualified immunity on summary judgment.” Id. at 945.

Quantum Exploration, Inc. v. William Clark, Secretary, United States Department of the Interior

780 F.2d 1457 · Court of Appeals for the Ninth Circuit · Jan 21, 1986

The right to “reconsider” clearly indicates that the tribe has the right to rescind the agreement. … The Blackfeet Indian Tribe is a federally recognized tribe possessing "the common-law immunity from suit traditionally enjoyed by sovereign powers.” Santa Clara Pueblo v.

United States v. Michael I. Blumenthal

945 F.2d 280 · Court of Appeals for the Ninth Circuit · Sep 20, 1991

He contends it was error not to instruct the jury that a specific intent to deceive is necessary to establish a violation of this statute. He also appeals several evidentia-ry issues. … The Court’s statement relied on by Blumenthal appears to be qualified by the passage preceding it. Blumenthal’s argument is foreclosed by several decisions of this court, beginning with United States v.

Samueli v. CIR

661 F.3d 399 · Court of Appeals for the Ninth Circuit · Nov 1, 2011

Taxpayers bear the burden of establishing their entitlement to the interest deduction. Gatto v. … The assumptions made in the Opin- ion do not establish clear error on the part of the Tax Court. For that reason, I would affirm the Tax Court decision in its entirety.

Delgado-Paredes v. Lynch

624 F. App'x 503 · Court of Appeals for the Ninth Circuit · Nov 24, 2015

between them cannot be clearly erroneous.”). … Contrary to Delgado-Paredes’ contention, the agency applied the correct legal standard in determining that he had not established the requisite periods of good moral character to qualify for cancellation of removal or voluntary

United States v. Mark Edward Harris and Robert Piper

738 F.2d 1068 · Court of Appeals for the Ninth Circuit · Jul 30, 1984

Thus Henry establishes that the determinative issue is not the informant’s subjective intentions, but rather whether the federal law enforcement officials created a situation which would likely cause the defendant to make … In a separate instruction, the district court told the jury: The testimony of ... a confessed codefendant who provides evidence against a defendant for ... immunity from punishment ... must be examined and weighed by the

Sabil M. Mujahid v. George Sumner

996 F.2d 1226 · Court of Appeals for the Ninth Circuit · Jun 28, 1993

did not have a clearly established right to do so. … This contention lacks merit. 6 Prison officials are entitled to qualified immunity unless their conduct "violates clearly established statutory or constitutional rights of which a reasonable person would have known."

Coleman v. Quaker Oats Co.

232 F.3d 1271 · Court of Appeals for the Ninth Circuit · Nov 20, 2000

— have established such a case. … Fifth, Jeney asserts that younger, less qualified individuals were hired for the jobs for which he was qualified.

White v. City of San Diego

605 F.2d 455 · Court of Appeals for the Ninth Circuit · Sep 24, 1979

There the Court held that a Title VII plaintiff may establish a prima facie case of discrimination by showing: “(i) that he belongs to a . . . minority; (ii) that he applied and was qualified for a job for which the employer … She argues that she may establish a prima facie case of disparate treatment under McDonnell Douglas by showing: “(i) that plaintiff belongs to a . minority, (ii) that he was qualified for promotion and might have reasonably

United States v. Rendon-Duarte

Court of Appeals for the Ninth Circuit · Jun 19, 2007

In the absence of objection, the district court accepted the facts stated in the PSR as established by a pre- ponderance of the evidence. … There, the court stated: [T]he caselaw in this and other circuits establishes clearly the logical connection between a convicted felon’s knowing possession of a firearm at one time and his knowledge that

Thompson v. Deschutes County Sheriff's Office

Court of Appeals for the Ninth Circuit · Sep 23, 2025

The district court properly dismissed the Thompsons’ unlawful arrest claim on the basis of qualified immunity because the police report, attached to the complaint, showed that the officers were informed that a valid bench … P. 34(a)(2). 2 24-2113 arrest pursuant to a facially valid warrant, a police officer is entitled to qualified immunity unless no officer of reasonable

WMX Technologies, Inc. v. Miller

80 F.3d 1315 · Court of Appeals for the Ninth Circuit · Apr 8, 1996

Furthermore, even if the plaintiffs had established both prongs of the “stigma-plus” test, there is no state action to support the latter prong of the test. … Miller’s Claim of Legislative Immunity Because we affirm the district court’s dismissal of all claims, we do not address Miller’s claim of legislative immunity. AFFIRMED. .