Case law

United States v. Jose Valencia-Mendoza

912 F.3d 1215 · Court of Appeals for the Ninth Circuit · Jan 10, 2019

Martinez, 870 F.3d 1163, 1165 (9th Cir. 2017), we conclude that later Supreme Court decisions are clearly irreconcilable with our precedent on this point. … And so to qualify as an aggravated felony, a conviction for the predicate offense must necessarily establish those factors as well. Moncrieffe, 569 U.S. at 195–96 (one citation omitted).

Ferrari, Alvarez, Olsen & Ottoboni, a California Professional Corporation Edward M. Alvarez, an Individual, Plaintiffs-Counter-Defendants-Appellees v. The Home Insurance Company, a New Hampshire Corporation, Defendant-Counter-Claimant-Appellant. Ferrari, Alvarez, Olsen & Ottoboni, a California Professional Corporation Edward M. Alvarez, an Individual, Plaintiffs-Counter-Defendants-Appellants v. The Home Insurance Company, a New Hampshire Corporation, Defendant-Counter-Claimant-Appellees

940 F.2d 550 · Court of Appeals for the Ninth Circuit · Aug 8, 1991

The district court clearly considered the question as one arising under section 1447(c). 32 The non-reviewability of a remand made, even erroneously, under section 1447(c) has been established by Congress in the clearest … The district court clearly invoked section 1447(c) and clearly found that it was without jurisdiction.

California Pro-Life Council, Inc. v. Getman

328 F.3d 1088 · Court of Appeals for the Ninth Circuit · May 8, 2003

Not if it clearly fails to cover his conduct, of course. … City of Oakland, 255 F.3d 734, 737 (9th Cir.2001), and affirm the district court's conclusion that "express ballot-measure advocacy is not immune from regulation."

Golt v. City of Los Angeles

214 F. App'x 704 · Court of Appeals for the Ninth Circuit · Dec 22, 2006

Golt also fails to establish a causal relationship between the adverse employment action and her disclosure. … Because Golt has not sufficiently asserted any cognizable primary constitutional violation, we do not reach the question whether Chief Parks is entitled to qualified immunity. Saucier v.

United States v. Wineman

60 F. App'x 73 · Court of Appeals for the Ninth Circuit · Feb 28, 2003

For it is clearly established that “as a knowing participant in a scheme to defraud,” Wineman “is liable for his co-schemers’ use of the mails or wires.” United States v. … Christman, 894 F.2d 339, 341 (9th Cir.1990) (holding that “[a] district court’s finding that a defendant does not qualify for minimal or minor participant status ... should be upheld unless clearly erroneous”) (citations

United States v. Robert James Andrino

501 F.2d 1373 · Court of Appeals for the Ninth Circuit · Jul 10, 1974

Giordano introduced him to Walter Baronick (who was indicted along with Andrino, but was given immunity to testify at the trial). … A more clearly stated, open-ended directive by the legislative branch to the executive branch could not have been phrased. Although the issue was not squarely presented and resolved, the Supreme Court, in Perez v.

Jairo Jonathan Elias Zacarias v. U.S. Immigration and Naturalization Service

921 F.2d 844 · Court of Appeals for the Ninth Circuit · Dec 19, 1990

An alien need not actually have suffered persecution in order to qualify for withholding of deportation or asylum. A threat of persecution can be enough. … Application of that test in this manner would clearly be inconsistent with this circuit's formulation. However, the "reasonable person" standard need not be construed in this manner.

United States v. Cruz

554 F.3d 840 · Court of Appeals for the Ninth Circuit · Feb 10, 2009

Indian blood or more” in order to qualify for descendant status as well. … Under this ordinance, Cruz would not appear to qualify for any tribal status whatsoever.

DRK Photo v. McGraw-Hill Global Education Holdings, LLC

870 F.3d 978 · Court of Appeals for the Ninth Circuit · Sep 12, 2017

Indeed, it is the plaintiff who has the burden of establishing a qualifying ownership interest both as a substantive element of the infringement claim, Feist Publ’ns, Inc. v. Rural Tel. Serv. … We have not previously explored the full extent of who may qualify as a beneficial owner of copyright, and we need not do so here.’

Karen deLAURIER, Plaintiff-Appellant, v. the SAN DIEGO UNIFIED SCHOOL DISTRICT and Lester G. Warrenbrock, Defendants-Appellees

588 F.2d 674 · Court of Appeals for the Ninth Circuit · Feb 6, 1979

Certainly, as to this factual issue, the district judge was not clearly erroneous. … Significantly, the Court’s list of such factors is clearly intended to be illustrative only.

Fanchon Blake v. City of Los Angeles

595 F.2d 1367 · Court of Appeals for the Ninth Circuit · May 2, 1979

of qualified applicants for the job in question.” ( 435 F.Supp. at 66 .) … Thus, there is a distinct possibility that a claim that the qualifying examination tests for ability to learn in the probationary school is in fact no more than a claim that performance on the written qualifying examination

Mines v. Gardner

8 F.3d 28 · Court of Appeals for the Ninth Circuit · Sep 29, 1993

immunity because at the time it was not clearly established that digital rectal probe searches were unconstitutional even though based on less than probable cause. 1 The defendants also argue that Mines' probe search was … Therefore, the defendants are entitled to summary judgment on the basis of qualified immunity. See Act Up!

United States v. Bendtzen

Court of Appeals for the Ninth Circuit · Sep 5, 2008

BENDTZEN the use of a fake weapon could qualify only for a “brandish- ing or possessing” adjustment, after the 2000 amendments it qualifies for all “dangerous weapon” adjustments. … “It is a well-established principle of statutory construction that ‘legislative enactments should not be construed to render their provisions mere sur- plusage.’ ” Am. Vantage Cos., Inc. v.

Forester v. Chertoff

500 F.3d 920 · Court of Appeals for the Ninth Circuit · Aug 29, 2007

Department of Treasury, 500 U.S. 1, 7 , 111 S.Ct. 1562 , 114 L.Ed.2d 1 (1991), establishes that their claims would not have been barred had they waited 30 or more days after filing their notices of intent to sue before filing … Section 633a acts as a waiver of Federal sovereign immunity. Lehman v. Nakshian, 453 U.S. 156, 160 , 101 S.Ct. 2698 , 69 L.Ed.2d 548 (1981).

Filipino Yellow Pages, Inc. v. Asian Journal Publications, Inc.

198 F.3d 1143 · Court of Appeals for the Ninth Circuit · Dec 6, 1999

These exhibits included letters from potential consumers and several publications that used the term “surgicenter” in a clearly generic sense. … sales and number of customers; established place in the market; and proof of intentional copying by the defendant.

Gonzalez Ex Rel. Gonzalez v. City of Anaheim

747 F.3d 789 · Court of Appeals for the Ninth Circuit · Mar 31, 2014

Officers Wyatt and Ellis do not request qualified immunity under prong two of the Saucier v. Katz, 1 Pearson v. … Callahan 2 test on the ground that what they did had not been clearly established to be a violation of the excessive force prohibition of the Fourth Amendment.

Lemuel Hentz v. Pam Ceniga

402 F. App'x 214 · Court of Appeals for the Ninth Circuit · Oct 29, 2010

The district court properly granted summary judgment on Hentz’s claims on qualified immunity grounds because he failed to raise a triable issue that defendants violated any of his constitutional rights. See Pearson v. … Ct. 808, 817-18 (2009) (discussing qualified immunity analysis). Hentz failed to allege the elements necessary for his Fourth, Fifth, and Eighth Amendment claims. See Hudson v.

Pacific Coast Medical Enterprises v. Harris

633 F.2d 123 · Court of Appeals for the Ninth Circuit · Mar 28, 1980

This is effectively accomplished by terminating the provider’s contract until the new management qualifies itself to the Secretary’s satisfaction. … We do not hold that the Secretary is without power to restrict the takeover methods which would qualify for revaluation of assets.

Daphne Rayne Mahone, Nee Daphne Rayne Winslow v. Immigration and Naturalization Service

504 F.2d 414 · Court of Appeals for the Ninth Circuit · Oct 4, 1974

We believe the answer to be clearly no. As stated by this court in Monarrez-Monarrez v. … Immigration & Naturalization Service, 472 F.2d 119 (9th Cir. 1972): Relief under § 241(f) has been extended only to those aliens, otherwise qualified, who have committed fraud in obtaining entry papers (e. g., Immigration

William E. H. TAGUPA, Plaintiff-Appellant, v. BOARD OF DIRECTORS, Research Corp., University of Hawaii, Defendants-Appellees

633 F.2d 1309 · Court of Appeals for the Ninth Circuit · Dec 12, 1980

Green, 411 U.S. 792 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973), for the proposition that the plaintiff bears the initial burden of showing that (1) he belongs to a racial minority; (2) he applied and was qualified for a job … establish that he did not complete the application process, and accordingly summary judgment was appropriately entered against him.