Case law

Truscott v. Hurlbut Land & Cattle Co.

73 F. 60 · Court of Appeals for the Ninth Circuit · Feb 3, 1896

By that act the qualified electors of the then"territory of Montana, at. an election to be held for the purpose, were authorized to meet in convention to form a constitution and state government for the proposed state of … Clearly not.

John L. Connolly, Etc. v. Pension Benefit Guaranty Corporation, Etc.

581 F.2d 729 · Court of Appeals for the Ninth Circuit · Sep 9, 1978

The Plan is a tax qualified employee pension plan within the meaning of § 4021(a)(2) of ERISA, 29 U.S.C. § 1321 (a)(2). … The trust agreement clearly states that the employer’s obligation for pension benefits to the employee is ended when the employer pays the appropriate contribution to the fund.

John Doe v. Nestle, S.A.

929 F.3d 623 · Court of Appeals for the Ninth Circuit · Oct 23, 2018

Applying the correct standard post- Jesner , corporations (foreign or not) are clearly not proper ATS defendants. … Mastafa is clearly distinguishable.

Credit Managers Association Of Southern California v. Kennesaw Life And Accident Insurance Company

809 F.2d 617 · Court of Appeals for the Ninth Circuit · Feb 5, 1987

The subtrusts also potentially could qualify as ERISA plans. … An employer, however, can establish an ERISA plan rather easily.

United States v. Jorge Aguilera-Rios

754 F.3d 1105 · Court of Appeals for the Ninth Circuit · Jun 17, 2014

The Court therefore held that “to qualify as an aggravated felony, a conviction . . . must necessarily establish” “the presence . . . of certain factors that are not themselves elements of the crime.” Id. … In this case, it would mean establishing that the offense did not involve an antique firearm.

United States v. Victoria L. Ray

375 F.3d 980 · Court of Appeals for the Ninth Circuit · Jul 23, 2004

Clifton at 9818, establishes only that a court.believed that the risk of.delays in the mail made it prudent to deem employment appeals "submitted” as of the date they were received. … The government also argues that the Standing Order violates the United States’ sovereign immunity because it effectively results in a transfer of funds from the government without a waiver of immunity.

Santamaria-Ames v. Immigration & Naturalization Service

104 F.3d 1127 · Court of Appeals for the Ninth Circuit · Dec 31, 1996

Thus, the INS and the district court may consider conduct prior to the one-year regulatory period in determining whether an otherwise qualifying veteran has established the requisite good moral character to merit naturalization … However, deference is not afforded if the administrative construction is clearly contrary to the plain and sensible meaning of the regulation. Borregard v. National Transp. Safety Board, 46 F.3d 944, 946 (9th Cir.1995).

United States v. Reyes

Court of Appeals for the Ninth Circuit · Nov 5, 2009

According to the district court, defense counsel should have sought immunity for the witnesses, and then proved, through their testimony, that the Finance Department did know about the scheme. … The SEC’s complaint against Canova clearly alleges that Canova did know that backdating was occurring. As a joint press release emphasized, the FBI, SEC, and U.S.

Abex Corporation v. Ski's Enterprises, Inc. And United States of America v. Walton Shim and Sandra Shim

748 F.2d 513 · Court of Appeals for the Ninth Circuit · Nov 27, 1984

The tax lien statutes establish a clear priority to interpleader funds in favor of the government. … The passage of the EAJA, while abrogating governmental sovereign immunity against claims for attorney fees, does not dispense with the tax lien priority created under the tax lien statutes.

Lopez-Cardona v. Holder

662 F.3d 1110 · Court of Appeals for the Ninth Circuit · Nov 18, 2011

The district court enhanced his sentence under U.S.S.G. § 2L1.2(b)(1)(A), holding that his prior bur- glary conviction qualified as “burglary of a dwelling” and therefore a “crime of violence” under the Guidelines. … To be eligible for deferral of removal under CAT, the alien has the burden of proof “to establish that it is more likely than not that he or she would be tortured if removed to the proposed country of removal.” 8 C.F.R. §

United States v. Gomez-Leon

545 F.3d 777 · Court of Appeals for the Ninth Circuit · Sep 24, 2008

Consequently, we cannot say that all convictions under section 11379(a) qualify for the enhancement. … Kelly, 422 F.3d 889, 895 (9th Cir.2005) (“Under the modified categorical approach, the government has the burden to establish clearly and unequivocally the conviction was based on all of the elements of a qualifying predicate

United States v. Jose Orlando Caicedo-Guarnizo

723 F.2d 1420 · Court of Appeals for the Ninth Circuit · Jan 16, 1984

Fourth, the custom agents’ surveillance of the appellant while in Houston established that appellant, while at the New Orleans Airport, had lied about his mission in Houston. … The appellant has presented nothing to convince us that the District Court clearly erred.

JOHN DOE1 v. REED

Court of Appeals for the Ninth Circuit · Oct 22, 2009

A dis- trict court abuses its discretion if it bases its decision on an erroneous legal standard or clearly erroneous findings of fact. Sierra Forest Legacy v. Rey, 577 F.3d 1015, 1021 (9th Cir. 2009) (citing Am. … It does not prevent the peti- tion signers from signing the petitions or from otherwise lawfully qualify- ing their referendum for a vote.

Sebra v. Neville

801 F.2d 1135 · Court of Appeals for the Ninth Circuit · Oct 3, 1986

[are] likely to have on the administrative process," id. at 83 , 94 S.Ct. at 949-50 ; "the well-established rule that the Government has traditionally been granted the widest latitude in the 'dispatch of its own internal … The Court concluded that in order to qualify for temporary injunctive relief in such cases a plaintiff must make a greater showing of irreparable injury than is required under the traditional standard governing preliminary

Alonso Antonio Barahona Gomez Carmen Victoria Vazquez De Barahona Alonso Antonio Barahona-Vasquez Brenda Verzosa Dino Verzosa Humberto Javier-Rivas Bosco Guillermo Rivas Carole Beltran Santiago Ramon Sequeira Graciela De Los Angeles Isariuz Sandra Los Angeles Sequeira Marta Aguilar v. Janet Reno, Attorney General Executive Office for Immigration Review Michael Creppy, Chief Immigration Judge Paul Schmidt, Chairman of the Board of Immigration Appeals, Alonso Antonio Barahonagomez Carmen Victoria Vazquez De Barahona Alonso Antonio Barahona-Vasquez Brenda Verzosa Dino Verzosa Humberto Javier-Rivas Bosco Guillermo Rivas Carole Beltran Santiago Ramon Sequeira Graciela De Los Angeles Isariuz Sandra Los Angeles Sequeira Marta Aguilar v. Janet Reno, Attorney General Executive Office for Immigration Review Michael Creppy, Chief Immigration Judge Paul Schmidt, Chairman of the Board of Immigration Appeals

236 F.3d 1115 · Court of Appeals for the Ninth Circuit · Jan 10, 2001

Thus, the asylum officer's "decision to adjudicate" is immunized from judicial review. … The district court did not err in requiring notice to the certified class, nor in establishing the appropriate amount of security.

Dereck Seltzer v. Green Day, Inc.

725 F.3d 1170 · Court of Appeals for the Ninth Circuit · Aug 7, 2013

Scream Icon is nonetheless clearly identifiable in the middle of the screen throughout the video. … But regardless of the meaning of the original, it clearly says nothing about religion.

Frederick J. Tedori, Robin j.tedori v. Order and United States of America

211 F.3d 488 · Court of Appeals for the Ninth Circuit · May 18, 2000

“Qualified export receipts” and “qualified export assets” are respectively defined in Sections 993(a) and (b). … the interest payments at issue in this case were not underpayments in the sense that they were literally tax deficiencies on money presently owed. 12 Instead Section 995(f), by postponing payment of Tedoris’ obligation, clearly

Marla James v. The City of Costa Mesa

684 F.3d 825 · Court of Appeals for the Ninth Circuit · May 21, 2012

The CSA directly addresses whether medical marijuana use constitutes illegal use of drugs, and clearly states that such use is unlawful. . … Because we conclude that the plaintiffs are not qualified individuals with a disability protected by the ADA, we do not reach Costa Mesa’s alternative argument that the ADA does not require accommodation of a qualified individual's

Emmanuel Mejia v. John Ashcroft, Attorney General

298 F.3d 873 · Court of Appeals for the Ninth Circuit · Aug 2, 2002

Once more, the BIA inexplicably did not consider the crucial elements of Mejia’s claim that he qualified for asylum. … The BIA did not even “purport[ ] to engage in any substantive analysis” of this issue, although Mejia clearly presented it to the BIA and provided with his motion to re *880 open evidence going to the question the BIA had

Aaron L. Kolom and Serita Kolom v. United States

791 F.2d 762 · Court of Appeals for the Ninth Circuit · Aug 15, 1986

The double taxation of Kolom’s sale of the stock options clearly meets each of the three criteria. … Specifically, it is argued: “[E]quitable recoupment constitutes only a defense to liability sought to be established in a timely action involving the transaction in question.