Case law

Ahmed v. Mukasey

548 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 .

United 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.

Ornelas-Chavez v. Gonzales

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

[7] To qualify for protection under CAT, Ornelas-Chavez must establish that he suffered torture, i.e., severe pain or suf- fering intentionally inflicted for discriminatory purposes “by or at the instigation of or with … I know of no other allegations of past conduct that would qualify under the regulatory definition.

Lowdermilk v. US Bank

Court of Appeals for the Ninth Circuit · Mar 5, 2007

As we read the opinion, the Seventh Circuit did not address the question we reserved in Abrego Abrego: what happens when the plaintiff filed suit in state court and has clearly pled an amount less than the jurisdictional … It is likely that some of these 7,571 former employees would qualify for the class, but is far from clear that 2,874 former employees out of 7,751 qualify.

Sanchez-Avalos v. Holder

693 F.3d 1011 · Court of Appeals for the Ninth Circuit · Sep 4, 2012

Sanchez argues that his conviction for sexual battery under California Penal Code § 243.4(a) did not qualify as sexual abuse of a minor. … A violation of California Penal Code § 243.4(a) is clearly such a crime. Thus, the date of birth of the victim was not “irrelevant” to the crime charged.

United States v. Jose Lizarraras-Chacon

14 F.4th 961 · Court of Appeals for the Ninth Circuit · Sep 23, 2021

We review discretionary denials of 18 U.S.C. § 3582(c)(2) motions “for abuse of discretion, which occurs if the district court does not apply the correct law or predicates its decision on a clearly erroneous factual finding … Now, under our holding in Valencia-Mendoza, the 2010 prior conviction would not qualify as a “felony drug offense.”

Ashok Peter Menezes v. Immigration and Naturalization Service

601 F.2d 1028 · Court of Appeals for the Ninth Circuit · May 29, 1979

Such aliens were required to have completed a year of residence before acquiring their nonquota status in order to qualify for § 245 adjustment of status. … The term clearly was meant to encompass both categories of immigrants.

United States v. Yarbrough

852 F.2d 1522 · Court of Appeals for the Ninth Circuit · Jul 6, 1988

Items seized clearly linked Barnhill to the Order. Among them were a “voice stress analyzer” and three tapes. … The court’s decision to admit them was not clearly erroneous. (b).

United States v. Alferahin

Court 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.

Equal Employment Opportunity Commission v. General Telephone Co. of Northwest, Inc.

885 F.2d 575 · Court of Appeals for the Ninth Circuit · Sep 12, 1989

The court found this insufficient by itself, however, to establish class-based gender discrimination. . … We note that the established law in this circuit now clearly permits the use of such analysis. See Atonio v.

Cameron 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

Duanna Knighton v. Cedarville Rancheria of Npi

918 F.3d 660 · Court of Appeals for the Ninth Circuit · Mar 13, 2019

The Tribe’s governing body is the Community Council, which is composed of all qualified voters of the Rancheria who are 18 years of age or older. … Similar to this case, in Attorney’s Process, the tribal court system was established after the tort claims against API arose. 609 F.3d at 933.

Blanchard v. Commercial Bank of Tacoma

75 F. 249 · Court of Appeals for the Ninth Circuit · Jun 8, 1896

In the national courts the law is well settled, as is clearly staled in Walker v. Miller, 8 C. C. … But others have qualified this ruling by confining it to cases where tbe bank has retained and enjoyed the proceeds of the transaction, as this would amount to a ratification of the president’s or cashier's acts.

California Ex Rel. Brown v. Safeway, Inc.

615 F.3d 1171 · Court of Appeals for the Ninth Circuit · Aug 17, 2010

Defendants ask us to apply the nonstatutory labor exemption to immunize their profit sharing agreement from the antitrust laws. … The Court emphasized that theoretical claims of anti-competitive effects that are not evident or established in antitrust law must be carefully considered and clearly explained in order to justify shifting the burden to defendants

Jeffery 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

Queerdoc, Pllc v. DOJ - United States Department of Justice

Court of Appeals for the Ninth Circuit · Aug 14, 2026

Dissenting, Judge Paez wrote that the district court’s finding that DOJ issued the subpoena to QueerDoc in bad faith was not clearly erroneous. … Nor are executive agency officials entitled to presidential immunity for official acts. Harlow v.

Efrain 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.

Friedman Brothers Investment Co. v. Lewis

676 F.2d 1317 · Court of Appeals for the Ninth Circuit · May 12, 1982

UMTA’s decision that the bus yard qualified for a categorical exclusion is “final” in'that it is the culmination of the agency’s administrative procedures and will not be reconsidered at any later date. … It would seem that the acquisition grant — the product of a five-year planning effort by the cities of Torrance and Gardena and UMTA — was such a proposal, clearly establishing the agency’s intentions to proceed with construction

Club One Casino, Inc. v. David Bernhardt

959 F.3d 1142 · Court of Appeals for the Ninth Circuit · May 27, 2020

We have described the arbitrary and capricious standard as deferential and narrow, establishing a “high threshold” for setting aside agency action. River Runners for Wilderness v. … California has waived its immunity and has thereby consented to such suits. See Cal. Gov’t Code § 98005.  CLUB ONE CASINO V.

97 Cal. Daily Op. Serv. 4576, 97 Daily Journal D.A.R. 7607

116 F.3d 830 · Court of Appeals for the Ninth Circuit · Nov 2, 1970

Clearly, applying the amendment would substantially alter the legal rights and obligations of both housing providers and residents. 57 Moreover, nothing in the language or history of the amendment indicates that Congress … In that case, the district court first determined that Congress did not clearly state its intention that the regulations should apply retroactively. Id. at 7.