Case law

97 Cal. Daily Op. Serv. 3603, 97 Daily Journal D.A.R. 6141 Chee Kin Jang v. Janet Reno, Attorney General of the United States Thomas J. Schiltgen, District Director of the Immigration & Naturalization Service Joseph L. Thomas, Director, Western Service Center of the Immigration & Naturalization Service Doris Meissner, Commissioner, Immigration & Naturalization Service Immigration and Naturalization Service Anthony C. Moscato, Director, Executive Office for Immigration Review Executive Office of Immigration Review United States Department of Justice Madeleine Albright, Secretary of State of the United States U.S. Department of State

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

The CPSA waived application of some of the general exclusion categories to otherwise qualifying PRC nationals, but retained others. … As explained in Matter of Ognibene, 10 Clearly, it is not the prerogative or position of the United States to require a dual national alien nonimmigrant to elect to retain one or another of his nationalities.

Gabriel Espinoza-Gutierrez v. Richard C. Smith, District Director, Immigration and Naturalization Service

94 F.3d 1270 · Court of Appeals for the Ninth Circuit · Sep 3, 1996

On its face, subsection (B) qualifies the continuous physical presence requirement of 8 U.S.C. § 1255a(a)(3)(A). … See Barry, 825 F.2d at 1334 (more difficult to establish "bad faith" under § 2412(b), than to establish "not substantially justified” under § 2412(d)).

United States v. Douglas Crooked Arm

853 F.3d 1065 · Court of Appeals for the Ninth Circuit · Apr 11, 2017

This holding in Crooked Arm, I is consistent with the plain language of the statute, which shows that only two of the four alleged objects of the conspiracy in Count I — offering for sale and selling migratory birds — qualify … A district court cannot immunize itself from Appren-di error simply by offering a defendant the Hobson’s choice between an unconstitutional sentence and withdrawal of his plea.

Eduardo Pacumio Nenita Pacumio, Plaintiffs-Appellees-Cross-Appellants v. Vincent Sereno, Defendant-Appellant-Cross-Appellee, Roger Hogan, Joel Bibby, Fred Paige

8 F.3d 29 · Court of Appeals for the Ninth Circuit · Oct 5, 1993

Sheriff Deputies Bibby, Hogan, and Paige 12 "Government officials performing discretionary functions enjoy qualified immunity from civil damages so long as their conduct does not violate clearly established statutory or constitutional … "The qualified immunity standard gives ample room for mistaken judgments." Id.

Officers for Justice v. Civil Service Commission

979 F.2d 721 · Court of Appeals for the Ninth Circuit · Nov 5, 1992

It establishes as a target the appointment of minorities and women to sergeant and assistant inspector positions in proportion to their representation in the qualified applicant pool and sets a long term goal of 45 percent … We will not disturb the district court’s finding that banding is a valid alternative selection device unless it is clearly erroneous. Anderson v.

Reed v. United States Department Of The Interior

231 F.3d 501 · Court of Appeals for the Ninth Circuit · Nov 2, 2000

However, that waiver of immunity is then limited by the "discretionary function" exception, 28 U.S.C. … Empresa de Viacao Aerea Rio Grandense (Varig Airlines), 467 U.S. 797, 813-14 (1984), the Supreme Court established a two-part test for use in determining whether the discretionary function exception applies.

Li Chen Zheng, AKA Zheng Li Chen v. John Ashcroft, Attorney General

332 F.3d 1186 · Court of Appeals for the Ninth Circuit · Jun 18, 2003

The IJ, however, ruled that Zheng “failed to establish the standard for asylum ... [and] failed to establish the standard for withholding of deportation.” … To qualify for relief under the Convention Against Torture, Zheng must establish that it is more likely than not that if removed to China, the snakeheads would torture him and that the torture would be inflicted with the

United States v. 594,464 Pounds of Salmon, More or Less, Appeal of Union, Inc.

871 F.2d 824 · Court of Appeals for the Ninth Circuit · Mar 28, 1989

If the language is unambiguous, its plain meaning controls unless Congress has “clearly expressed” a contrary legislative intention. Id. … Union further claims that the government’s interpretation impermissibly assigns a different meaning to two references to the word “law” in the same sentence, in violation of both the well-established principle and a clear

Los Angeles Airways, Inc., a Corporation v. Chester C. Davis, Los Angeles Airways, Inc., a Corporation v. Chester C. Davis

687 F.2d 321 · Court of Appeals for the Ninth Circuit · Sep 17, 1982

Neither LAA nor Davis has clearly identified in what capacity Davis responded to Hughes’ requests. … In Olivet , the court rejected the argument that a complete defense of privilege was established on the face of a complaint.

Thomas William Sinclair Richey v. James Blodgett, Superintendent

43 F.3d 1479 · Court of Appeals for the Ninth Circuit · Dec 12, 1994

Palmer, 468 U.S. 517, 530-33 (1984); Wash.Rev.Code Sec. 4.92 et seq. 4 The district court also properly granted qualified immunity to the defendants on Richey's first amendment claim. 5 When qualified immunity applies, the … Barnhart, 778 F.2d 1386, 1389 (9th Cir.1985) (plaintiff must show that particular facts of case support claim of clearly established right).

Fields v. Palmdale School District

427 F.3d 1197 · Court of Appeals for the Ninth Circuit · Nov 2, 2005

to quali- fied immunity. … Finally, they argued that they are not liable under California law because their actions were discretionary and state law immunity applies.

United States v. Lorenzo Garcia

7 F.3d 885 · Court of Appeals for the Ninth Circuit · Oct 20, 1993

(ii) There is a substantial likelihood, established by expert testimony, that the child would suffer emotional trauma from testifying. *888 (iii) The child suffers a mental or other infirmity. … it need not decide the minimum showing required because the statute at issue in Craig , which required a showing that the child “will suffer ‘serious emotional distress such that the child cannot reasonably communicate,’ clearly

United States National Bank v. Fabri-Valve Co.

235 F.2d 565 · Court of Appeals for the Ninth Circuit · Jun 14, 1956

Upon the death of the wife, the United States National Bank qualified as successor. The patent expired in its ordinary course on May 14, 1952. … The evidence clearly shows the bank was the owner of the right to recover all damages for the infringement.

Samish Indian Tribe v. State of Washington

394 F.3d 1152 · Court of Appeals for the Ninth Circuit · Jan 5, 2005

Further, recognition as a tribe is not a necessary precondition to qualify for such treaty fishing rights. 2 Thus, in United States v. … Nor have the appellants clearly established the continuous informal cultural influence they concede is required. *1167 The appellants’ members are descended from treaty tribes, but they have intermarried with non-Indians

William Schenck v. Tana Wood Tom Rolfs Chase Riveland Evonne Edwards D. Potts Russell Al Scamahorn Warneka, Sgt.

113 F.3d 1242 · Court of Appeals for the Ninth Circuit · May 16, 1997

III 7 Schenck's claim for damages fails because the WSP defendants are entitled to qualified immunity. … An official is entitled to qualified immunity if: (1) the law governing the official's conduct was not clearly established or (2) a reasonable official could have believed the conduct at issue was lawful. See Act Up!

Malcolm Landry v. Mike Berry

533 F. App'x 702 · Court of Appeals for the Ninth Circuit · Jul 2, 2013

We may “determine if the denial of qualified immunity was proper by assuming that the version of events offered by [Malcolm Landry] is correct.” Id. … Accordingly, Berry is entitled to summary judgment on the basis of qualified immunity. REVERSED. 3

Western Watersheds Project v. United States Department of the Interior

677 F.3d 922 · Court of Appeals for the Ninth Circuit · Apr 25, 2012

[1] The EAJA partially waives the sovereign immunity of the United States and allows a prevailing party to obtain an award of attorneys’ fees against the Government. … Id.; see generally 16 U.S.C. § 3111 (providing that an “administrative structure” should be established “for the purpose of enabling rural residents . . . to have a meaningful role in the management of fish and wildlife and

Lionel Bogle v. Merrick Garland

2 F.4th 1172 · Court of Appeals for the Ninth Circuit · Jun 23, 2021

The circumstances specific to this case clearly establish that Bogle knowingly possessed more than thirty grams of marijuana. … Viewing those circumstances together, the evidence here, including the police report, clearly establishes that Bogle possessed more than thirty grams of marijuana.

Joe L. Schmitt, Jr., and Helen N. Schmitt v. Commissioner of Internal Revenue

271 F.2d 301 · Court of Appeals for the Ninth Circuit · Oct 15, 1959

The general law is well established. … How or what the parties are designated does “not fix, limit, or qualify the scope and effect of the grant.” 7 Nor do we hold the transfer of the exclusive right to use and sell, without the right to manufacture, establishes

Jet Investment, Inc. v. Department of the Army

84 F.3d 1137 · Court of Appeals for the Ninth Circuit · May 23, 1996

The Associate Administrator upheld the Director’s finding that Jet did not qualify as a Small Disadvantaged Business. … The applicable regulations clearly state that individuals who are not socially and economically disadvantaged “may be involved in the management of’ and “may be stockholders, partners, officers, and/or directors of’ the Small