Case law

Edgars Laipenieks v. Immigration and Naturalization Service

750 F.2d 1427 · Court of Appeals for the Ninth Circuit · Jan 9, 1985

The statutory provision clearly states that deportability is established when the “alien ” has been found to have ordered, incited, assisted or otherwise participated in persecutorial acts. … In light of the potentially legitimate basis for investigating “Communists” at the time in question, we believe it incumbent on the government to establish clearly and convincingly that individuals were persecuted solely

In Re The Glacier Bay

944 F.2d 577 · Court of Appeals for the Ninth Circuit · Sep 13, 1991

. § 1653 (c). 7 TAPAA establishes a comprehensive liability scheme applicable to damages resulting from the transportation of trans-Alaska pipeline oil. … Under this theory, assuming that Trinidad qualifies for Limitation Act coverage, its liability in the instant case would be $14,000,000 plus the post-accident value of the Glacier Bay and any pending freight. 13 Trinidad's

United States v. Carr

Court of Appeals for the Ninth Circuit · Jan 25, 2008

It is well established that “ambiguity concerning the ambit of criminal statutes should be resolved in favor of lenity.” Rewis v. United States, 401 U.S. 808, 812 (1971). The ambiguity, however, must be genuine. … As the state “Felony Judgment and Sentence” clearly demonstrates, Carr voluntarily pleaded guilty to and was convicted of an offense that he knew was a felony punishable by imprison- ment for up to five years.

United States v. Odessa Union Warehouse Co-Op Cecil A. Schell Edward Sewall Marvin Kleyn

833 F.2d 172 · Court of Appeals for the Ninth Circuit · Nov 27, 1987

The principles that apply to requests for preliminary injunctions in this circuit are well-established. Dollar Rent A Car, 774 F.2d at 1374-75; Benda, 584 F.2d at 314-15 . … Because the district court erroneously applied its own set of conditions in denying the government’s motion, and because the record indicates that the government may qualify for a preliminary injunction under this circuit

Glen Scotti v. City of Phoenix

609 F. App'x 386 · Court of Appeals for the Ninth Circuit · May 1, 2015

If the jury concluded that Freund knowingly falsified the statements attributed to both Lewis and Gray, the remainder of the evidence cited by the majority would fall short of establishing probable cause. … Freund would not be entitled to qualified immunity in that event, because maliciously prosecuting someone for exercising their *390 First Amendment rights violated clearly established law at the time Freund drafted her report

Brandon Smith v. City of Chandler

667 F. App'x 648 · Court of Appeals for the Ninth Circuit · Jul 18, 2016

In the alternative, Officer Smith argues that he is entitled to qualified immunity. To determine whether a police officer is entitled to qualified immunity, we apply the two-prong test established in Saucier v. … In addition, we ask “whether the right was clearly established,” meaning that “it would be clear to a reasonable officer that his conduct was unlawful in the situation he confronted.” Id. at 201–02.

Rita Carrion Garcia v. Eric Holder, Jr.

749 F.3d 785 · Court of Appeals for the Ninth Circuit · Apr 16, 2014

To qualify for CAT relief, an applicant must establish that “he [or she] is more likely than not to suffer intentionally-inflicted cruel and inhuman treatment” if removed. Nuru v. … To say that there is “no evidence in the record” clearly implies that the BIA has looked at all of the evidence in the record. Dr.

Preston v. Heckler

734 F.2d 1359 · Court of Appeals for the Ninth Circuit · Jun 7, 1984

She has also satisfied the remainder of that test: the interests of the plaintiff, an Indian who applied for a position covered by the Indian Preference Act, are clearly within the zone of interests protected by the Act; … Service; qualified Indians are then given preference in appointment to job vacancies.

Abrahim Baballah Ula Baballah Ahmad Baballah v. John Ashcroft, Attorney General

367 F.3d 1067 · Court of Appeals for the Ninth Circuit · May 6, 2004

Although the immigration judge (“IJ”) deemed Baballah credible, she found that his encounters with the Israeli Marines did not rise to the level of persecution required to qualify for asylum. … This factor is clearly met here because the Israeli Marines are governmental actors who were responsible for the deliberate life-threatening attacks against Baballah and his business.

National Labor Relations Board v. Ironworkers Local 433

850 F.2d 551 · Court of Appeals for the Ninth Circuit · Jun 27, 1988

the threat by clearly indicating that the picketing will conform with the lawful restrictions imposed on such picketing. … The enmeshing of premises and situs qualifies both rights.” Moore Dry Dock, 92 NLRB at 549 (footnote omitted). .

Imax Corporation v. Cinema Technologies, Inc. Neil Johnson

152 F.3d 1161 · Court of Appeals for the Ninth Circuit · Aug 19, 1998

Therefore, there remained the possibility of trade secrets qualified for protection under state law. … We found IBM’s identification of its trade secret sufficient because it clearly referred to trade secret material, i.e.,' engineering drawings and blueprints.

Klamath-Lake Pharmaceutical Ass'n v. Klamath Medical Service Bureau

701 F.2d 1276 · Court of Appeals for the Ninth Circuit · Mar 4, 1983

At the same time, however, antitrust litigation, if made immune from summary judgment, could become an anticompetitive activity itself. … We did state that the “most obvious reason for rejecting a claim of immunity is the absence of any state law regulating the challenged activity.” Id. at 452.

D.O. v. Escondido Union School Dist.

59 F.4th 394 · Court of Appeals for the Ninth Circuit · Jan 31, 2023

The district court’s factual finding was not clearly erroneous. … D.O.’s October 2017 evaluation established that he did not qualify for special education for autism and D.O.’s special education placement remained unchanged.

Elliott Ashton Welsh, II v. United States

404 F.2d 1078 · Court of Appeals for the Ninth Circuit · Jan 31, 1969

It is essentially an objective one, namely, does the claimed belief occupy the same place in the life of the objector as an orthodox belief in God holds in the life of one ■ clearly qualified for exemption ? … Under Seeger, 380 U.S., at 176 and 184, 85 S.Ct. 850 , it is held with the requisite strength if it occupies the same place in the life of the objector as an orthodox belief in God holds in the life of one clearly qualified

Gould v. Aerospatiale Helicopter Corp.

40 F.3d 1033 · Court of Appeals for the Ninth Circuit · Nov 22, 1994

Compania Peruana de Vapores, 688 F.2d 417 (5th Cir.1982), establishes that it is entitled to a non-jury trial under section 1330(a). … Clearly, the district court would have had diversity jurisdiction over such an action under 28 U.S.C. § 1332 , and the plaintiff would have been entitled to a jury trial.

Western Mining Council v. Watt

643 F.2d 618 · Court of Appeals for the Ninth Circuit · Apr 23, 1981

First, the taxpayer must establish a logical link between that status and the type of legislative enactment attacked. … Secondly, the taxpayer must establish a nexus between that status and the precise nature of the constitutional infringement alleged.

United States v. Gilbert Madrid Gerald Inouye Gordon Yabui Edwin Madamba

842 F.2d 1090 · Court of Appeals for the Ninth Circuit · Mar 22, 1988

That proposition, not established by Remmer I or Remmer II and firmly rejected by Rushen and Smith , is not established by our decision in Bag-ley. … In Bagley , “extrinsic material” was placed before the jury in the form of a note discussing witness immunity. As such, the material involved a fact in controversy, witness credibility.

Andriasian v. Immigration & Naturalization Service

180 F.3d 1033 · Court of Appeals for the Ninth Circuit · Jun 11, 1999

Andriasian turned to him for help, clearly establishes that the government of Azerbaijan either could not or would not control *1043 Azeris who sought to threaten and harm ethnic Armenians living in their country. … Under asylum law, persecution on the ground of ethnic origin is treated as persecution on the ground of race, and therefore qualifies as a form of persecution that establishes eligibility for asylum.

Western Pacific Railroad Company v. Habermeyer

382 F.2d 1003 · Court of Appeals for the Ninth Circuit · Oct 25, 1967

In section 362(i), procedure is established for the setting up of employment offices and the registration of unemployed workers. … The Board may provide for intermediate reviews of such decisions by such bodies as the Board may establish or assign thereto.

The People of the Territory of Guam v. Thomas Palomo

511 F.2d 255 · Court of Appeals for the Ninth Circuit · Feb 21, 1975

At the argument on the motion it appeared that defense counsel desired to see and use on voir dire juror questionnaires to establish that the jurors, under 28 U.S.C. § 1865 , were “unable to read, write, and understand the … The Oral Motion For Inspection Although 28 U.S.G. § 1867(a) does not control the time for such a motion, the motion here was clearly untimely under the procedures used in trial courts for the processing and trial of cases