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27 F. App'x 797 · Court of Appeals for the Ninth Circuit · Nov 13, 2001
. § 2254 (d), in order to succeed, Owens must demonstrate that the state court adjudication of the merits of his claim “resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established … In determining whether questioning of a prisoner qualifies as on the scene questioning or impermissible interrogation, a court should examine: the language used to summon the individual, the physical surroundings of the interrogation
Cited 0 timesPublishedUnited States v. Mi Kyung Byun
539 F.3d 982 · Court of Appeals for the Ninth Circuit · Aug 14, 2008
Under SORNA, Byun qualifies as a “sex offender” if she was convicted of a “sex offense.” § 16911(1). … We conclude this offense was a “specified offense against a minor,” and thus qualifies as a sex offense under § 16911(5)(A)(ii).
Cited 51 timesPublishedCourt of Appeals for the Ninth Circuit · Jan 10, 2006
We thus hold that a district court’s error is plain when its jury instructions fail to incorporate an element of the crime that has been clearly established by Ninth Circuit prece- dent. See United States v. … established element of the crime with which his client was charged.
Cited 0 timesPublishedUnited States v. Frank M. Reed, Jr., and David L. Smith
726 F.2d 570 · Court of Appeals for the Ninth Circuit · May 1, 1984
United States, 315 U.S. 60, 80 , 62 S.Ct. 457,469 , 86 L.Ed. 680 (1941), the following facts were established. … The device actually used was altogether unlike a match, and clearly within the parameters of the statute.
Overruled by Vasquez v. Hillery, 474 U.S. 254 (1986)Cited 53 timesPublishedJeffery Hausauer v. City of Mesa
Court of Appeals for the Ninth Circuit · Feb 27, 2019
Summary judgment was proper on Hausauer’s unlawful arrest claim against defendant Woods because Woods was entitled to qualified immunity. … See Ashcroft v. al–Kidd, 563 U.S. 731, 741 (2011) (discussing qualified immunity and noting that a right is clearly established only if “every reasonable official would have understood that what he is doing violates that
Cited 0 timesUnpublishedKhodabakhshian v. Immigration & Naturalization Service
46 F. App'x 870 · Court of Appeals for the Ninth Circuit · Oct 4, 1999
The record clearly reveals that Khodabakhshian is an alien. However, Khodhabakhshian’s prior petty theft offenses in violation of California Penal Code § 666 do not make him an aggravated felon. See U.S. v. … The Immigration and Naturalization Service issued an interim rule to establish procedures for raising a claim under the Torture Convention after the briefing in this case was completed.
Cited 0 timesPublishedCameron v. Janssen Bros. Nurseries, Ltd.
7 F.3d 821 · Court of Appeals for the Ninth Circuit · Oct 12, 1993
Moreover, we review for clear error whether established facts constitute negligence and de novo whether the district court applied the proper standard of care. Ludwig v. … Next, the Nurseries attempt to distinguish Kirk by claiming that the Plant Quarantine Act, 7 U.S.C. § 151 , et seq., and the Federal Plant Pest Control Act, 7 U.S.C. § 150aa, et seq., both clearly state a legislative purpose
Overruled in part, on other grounds by United States v. Olson, 546 U.S. 43 (2005)Cited 27 timesPublished226 F. 437 · Court of Appeals for the Ninth Circuit · Aug 9, 1915
The two rights coexist, and each must be exercised with reference to' the other, just as the right to travel along the street is qualified by the right to cross it. … The rule is well established that the findings of the trial judge in admiralty will not be set aside, except for clear manifestation of error.
Cited 15 timesPublished463 F.3d 972 · Court of Appeals for the Ninth Circuit · Sep 13, 2006
had previously been required to qualify for relief from deportation. … The government, on the other hand, points to the statutory framework that clearly provides that in order to be eligible for cancellation from removal, an immigrant must have been continuously present in the United States
Cited 146 timesPublishedMay Department Store v. Graphic Process Company, and Bel-Aire & Associates, Inc.
637 F.2d 1211 · Court of Appeals for the Ninth Circuit · May 27, 1980
It should not be granted unless the movant has established its right to judgment with such clarity as to leave no room for controversy. … In some instances, of course, the “dominant nature” of a transaction will be clearly a service or goods. E. g. Freeman v.
Cited 74 timesPublishedSanchez v. County of San Diego
483 F.3d 965 · Court of Appeals for the Ninth Circuit · Apr 16, 2007
First, as clearly outlined in Judge Fisher’s dissent, the program upheld in Wyman was significantly different in scope and goal from San Diego’s program. … Sanchez, 464 F.3d at 920.1 The majority couches its opinion in terms of upholding pre- cedents, but it hits at the core of established Fourth Amend- ment protections.
Cited 1 timesPublishedUnited States v. Bolanos-Hernandez
Court of Appeals for the Ninth Circuit · Aug 6, 2007
The documents established that Bolanos was charged and convicted of violating Cal. Penal Code §§ 220 and 261(a)(2). … To determine whether a defendant’s particular prior offense qualifies as a crime of violence under § 2L1.2(b)(1)(A)(ii), we look to the framework established by Taylor v. United States, 495 U.S. 575 (1990).
Cited 0 timesPublished65 F.3d 754 · Court of Appeals for the Ninth Circuit · Sep 6, 1995
In each region a Native Regional Corporation was established. In addition, approximately 200 Village Corporations were formed among the twelve Regional Corporations. … Appellant argues that had Congress wanted courts to use the same criteria that are used in diversity questions, it would have clearly stated that intent.
Cited 0 timesPublished939 F.2d 710 · Court of Appeals for the Ninth Circuit · Jul 17, 1991
Id. at 3796-97 ; see also 42 U.S.C. § 10131 (b)(1) (listing establishment of a schedule as a purpose of the part); Tennessee v. … Since there is no exception parallel to § 10132(b)(1)(E) in § 10133, there is no need for the' qualifying language at the beginning of § 10133(d).
Cited 35 timesPublished95 F.3d 1435 · Court of Appeals for the Ninth Circuit · Sep 17, 1996
Rather, the government is negligent precisely because it failed to follow established military rules and procedures governing the operation of its NCO Club. … Because the waters around the area are open to the public, the area around the sluice qualifies as an area "adjacent to such areas."
Cited 0 timesPublishedArizona Electric Power Cooperative, Inc. v. Berkeley
59 F.3d 988 · Court of Appeals for the Ninth Circuit · Jul 12, 1995
Alternatively, the district court held that even if Arizona did permit its courts to vacate arbitral awards on public policy grounds, AEPCO’s award would not qualify for the exception. … We have held that “the appearance of impropriety, standing alone, is insufficient to establish bias.” Toyota of Berkeley v.
Cited 6 timesPublishedEfrain Antonio Rebollo-Jovel v. Immigration and Naturalization Service
794 F.2d 441 · Court of Appeals for the Ninth Circuit · Jul 11, 1986
Cardoza-Fonseca, — U.S. —, 106 S.Ct. 1181 , 89 L.Ed.2d 298 (1986), our case law quite clearly establishes that the legal difference between “clear probability” and “well-founded fear” must be respected. … The Board recognized that to qualify for asylum, on the other hand, the alien need demonstrate only a “well-founded fear” of persecution.
Cited 55 timesPublished492 F.3d 1016 · Court of Appeals for the Ninth Circuit · Jul 2, 2007
We noted that it was firmly established that “military-sponsored activities fall within the Feres doctrine, regardless of whether they are related to mili- tary duties.” Id. at 868. … In Bon and Millang, no member of the public could have participated in the plaintiffs’ activities, so the benefits were clearly incident to military service.
Cited 15 timesPublishedMonssef Cheneau v. William Barr
971 F.3d 965 · Court of Appeals for the Ninth Circuit · Aug 19, 2020
Cheneau does not qualify for derivative citizenship under the first provision of clause (5): he was not lawfully 16 CHENEAU V. … The words “lawful permanent residence” used in the 1950 Senate Report clearly do not mean the term of art “lawfully admitted for permanent residence” introduced in the 1952 Act.
Cited 2 timesPublished548 F.3d 768 · Court of Appeals for the Ninth Circuit · Nov 19, 2008
This exception, however, clearly did not apply to Ahmed, who sought to reopen based on adjustment of status. See 8 C.F.R. § 1003.2 (c)(3)(ii). … To qualify, a marriage must be based on an actual and legitimate relationship rather than a subjective desire to adjust status based on marriage.” Malhi, 336 F.3d at 994 .
Cited 28 timesPublished
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