Case law

United States v. Maurice Smith

719 F.3d 1120 · Court of Appeals for the Ninth Circuit · Jun 26, 2013

SMITH 13 participated in the [illegal] practices at the direction of the defendant,” id. at 1363, which was easily established by M.S.’s testimony. … The district court reviewed and acknowledged these factual objections during the sentencing hearing, and clearly rejected them by ruling that M.S.’s testimony was “truthful and honest,” thus fulfilling its obligations under

Planes v. Holder

686 F.3d 1033 · Court of Appeals for the Ninth Circuit · Jun 5, 2012

It is well established that the court, not the BIA, is responsible for statutory interpretation. See Chevron, U.S.A., Inc. v. Natural Res. Def. … We may not accept an interpretation clearly contrary to the plain meaning of a statute’s text.”) (internal citations omitted).

Liquid Veneer Corporation v. Smuckler

90 F.2d 196 · Court of Appeals for the Ninth Circuit · May 10, 1937

It appears by the appellant’s motion to quash and affidavits in support, that the defendant never did qualify to do-business in the state. … The .witness was clearly qualified. Wigmore on Evidence, §§ 555, 561 and 1723. He had been merchandising many years, had sold the merchandise, knew its merit, also the degree of public favor it received.

Karen Weber v. Jace Reif

Court of Appeals for the Ninth Circuit · Feb 16, 2022

This is an appeal from the grant of summary judgment to Jace Reif, a Kingman, Arizona, police officer, on the basis of qualified immunity. … Weber’s wife, Appellant Karen Weber, argues the district court erred in concluding Reif did not violate clearly established law.

Quan Hing Sun v. White

254 F. 402 · Court of Appeals for the Ninth Circuit · Oct 11, 1918

The appellant was first examined as to his right to admission under the provisions of the immigration laws, and was found qualified to be admitted. … 1913 ( 37 Stat. 736 , c. 141), a person claiming to be a citizen of the United States arriving at a port of the United States, who may not appear to the examining immigration inspector at the port of ar *404 rival to be clearly

Atkin v. Stewart

62 F. App'x 173 · Court of Appeals for the Ninth Circuit · Apr 24, 2003

established federal law as established by the *175 Supreme Court. 28 U.S.C. § 2254 (d)(1); Shackleford v. … In Andrade , the Supreme Court observed that “one governing legal principle emerges as ‘clearly established’ under § 2254(d)(1): A gross disproportionality principle is applicable to sentences for terms of years.” 123 S.Ct

North Ridge Country Club v. Commissioner Internal Revenue Service

877 F.2d 750 · Court of Appeals for the Ninth Circuit · Jun 6, 1989

The well-established rule is that to qualify as a trade or business under section 162, an activity must be regular and profit-seeking. Commissioner v. … Standard of review According to the Club and the Amicus, the tax court’s ruling that the Club had a profit motive is a factual finding reversible only if “clearly erroneous.”

Pedro Alma v. Manufacturers Hanover Trust Co., as Trustee for Tanker Charter Corporation and Maritime Overseas Corporation

684 F.2d 622 · Court of Appeals for the Ninth Circuit · Aug 17, 1982

Gill was clearly relevant and Dr. Gill was *625 clearly qualified to give the opinion. The only question was the order of proof. … Each of the two elements must be independently established by competent evidence. United States v. English, 521 F.2d at 75 ; Hollinger v. United States, 651 F.2d at 641-42 .

United States v. Alvarado

209 F. App'x 685 · Court of Appeals for the Ninth Circuit · Dec 4, 2006

Thus, the district court’s finding was not clearly erroneous and Alvarado’s claim is rejected. Alvarado argues that the district court erred in allowing the Immigration and Customs agent to testify as an expert witness. … In this case, the evidence did not show sufficient “desperation” or “specific and immediate financial need” to justify admission under established precedent. United States v.

United States v. Marites Barrogo

Court of Appeals for the Ninth Circuit · Feb 2, 2023

These items were clearly not intended for personal household consumption. … But for present purposes, it is sufficient to conclude that the EBT card is a tangible item on which information is recorded, and so clearly qualifies as a “document.” Barrogo makes one final argument.

Mark Bradford v. Ron Davis

923 F.3d 599 · Court of Appeals for the Ninth Circuit · May 3, 2019

Alternatively, habeas relief is available if the last reasoned state court decision is contrary to clearly established federal law. … To qualify as an adequate procedural ground, a state rule must be “firmly established and regularly followed.” Id. at 316.

Howard Nee Hao Wong v. Immigration and Naturalization Service

550 F.2d 521 · Court of Appeals for the Ninth Circuit · Mar 21, 1977

His condition of incompetence established hardship. If the hearing were to be postponed until competence was regained, the ground on which suspension was sought would then no longer exist. … The extent of the burden upon the public that would result from a favorable exercise of discretion is clearly a relevant and proper consideration.

United States v. Reynard

Court of Appeals for the Ninth Circuit · Jan 11, 2007

Cyr or Landgraf, which clearly state that reliance is an important factor in the retroactivity analysis. See St. Cyr, 533 U.S. at 325; Landgraf, 511 U.S. at 270. … First, the we must “ascertain whether the legislature meant the statute to establish ‘civil’ proceedings.” Id. (quoting Kansas v. Hendricks, 521 U.S. 346, 361 (1997)).

Papazyan v. Gonzales

179 F. App'x 428 · Court of Appeals for the Ninth Circuit · Jun 6, 2006

In any event, “[t]he IJ is, by virtue of his acquired skill, uniquely qualified to decide whether an alien’s testimony has about it the ring of truth.” Kaur v. … The issue of whether she was denied medical treatment because of her ethnicity clearly goes to the heart of the claim.

United States v. Morales -Perez

Court of Appeals for the Ninth Circuit · Feb 21, 2006

establish that the conviction is a predicate convic- tion for enhancement purposes.’ ” United States v. … Like its federal counterpart, California’s statute establishes multiple means by which a drug trafficking crime may be committed. 1940 UNITED STATES v.

United States v. Michael Valentine Rosi, AKA Michael Valentine Edwards, AKA Michael Valentine, AKA Michael Edwards, AKA Michael Valentine Rose

27 F.3d 409 · Court of Appeals for the Ninth Circuit · Jun 20, 1994

While Rosi’s indictment is not a model, its contents satisfy the minimum requirements to establish its sufficiency. AFFIRMED. 1 . … The clearly erroneous standard is the appropriate standard in such a situation. 2 .

David Karluk v. Lee Squires, Clearwater County Deputy Prosecuting Attorney Neil Erlewine, Both in Official and Individual Capacity Tom Keller Mike Merkley John Preston Gene Eastman, in His Individual Capacity, David Karluk v. Lee Squires, Clearwater County Deputy Prosecuting Attorney Neil Erlewine, Both in Official and Individual Capacity, and Gene Eastman, in His Individual Capacity

116 F.3d 484 · Court of Appeals for the Ninth Circuit · Jun 20, 1997

We disagree. 6 We must determine whether, in light of clearly established principles governing an officer's conduct, he objectively could have believed his conduct was lawful. See Act Up!/Portland v. … immunity.

Christopher Laver v. Credit Suisse Securities (Usa)

976 F.3d 841 · Court of Appeals for the Ninth Circuit · Sep 18, 2020

CompuCredit, 565 U.S. at 98; see Cohen, 799 F.3d at 176, 178 (explaining that the plaintiff would have to establish that Rule 13204 “qualifies as a congressional’ command,” but declining to decide the issue “because [the … The Court observed that a “party seeking to suggest that two statutes cannot be harmonized, and that one displaces the other, bears the heavy burden of showing ‘a clearly expressed congressional intention that such a result

Denton v. Rainer

Court of Appeals for the Ninth Circuit · Jun 9, 2025

But the record clearly indicates officials were attentive to Denton’s mental illnesses, worked to treat them, and attempted to place Denton outside of isolated confinement. … Because we agree with the district court that Denton failed to state an Eighth Amendment or Fourteenth Amendment claim, we do not reach whether Defendants were also entitled to qualified immunity on those claims.

Philip J. Charley Katherine T. Charley v. Commissioner Internal Revenue Service

91 F.3d 72 · Court of Appeals for the Ninth Circuit · Jul 24, 1996

Do travel credits converted to cash in a personal travel account established by an employer constitute gross income to the employee for federal income tax purposes? I Dr. … Gross income has been defined as an “undeniable *74 accession[ ] to wealth, clearly realized, and over which the taxpayer[ ][has] complete dominion.” Commissioner v.