Case law

Escamilla v. City of Santa Ana

796 F.2d 266 · Court of Appeals for the Ninth Circuit · Jul 31, 1986

The Fourth Circuit explained: The constitutional right that we asserted [in previous cases] could arise was clearly based on the fourteenth amendment, but the shape and definition that we gave to that right by using the term … Recognizing that the fourteenth amendment could not be read to establish a general affirmative duty to the public at large, we chose to limit that duty by applying a rationale similar to that used in Estelle : namely, that

Seattle School District, No. 1 v. B.S.

82 F.3d 1493 · Court of Appeals for the Ninth Circuit · May 10, 1996

William Sack, whom the district court found to be well-qualified but not as familiar with AS. as the parent’s experts. … The other medical experts, who were well-qualified and more knowledgeable about A.S., all testified that residential placement was necessary.

United States v. Kriesel

Court of Appeals for the Ninth Circuit · Nov 28, 2007

Congress amended the Act in 2004 to expand the qualifying offenses to all felonies. … The majority disingenuously refuses to confront the fact that the 2004 DNA Act clearly permits the retention of Krie- sel’s DNA once his term of supervised release is over.

Barbara P. Hutchinson v. United States of America

838 F.2d 390 · Court of Appeals for the Ninth Circuit · Feb 3, 1988

The declaration was that of a physician who was a certified urologist and qualified as an expert in the field. The physician stated that after reviewing Ms. … The proper diagnosis and treatment of a kidney stone is clearly not within the common knowledge of laymen, and thus the exception does not apply here.

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.

Northwest Environmental Advocates, a Non-Profit Oregon Corporation and Nina Bell v. City of Portland

11 F.3d 900 · Court of Appeals for the Ninth Circuit · Dec 10, 1993

Although this language clearly contemplates citizen suits to enforce “a permit or condition thereof,” the majority opinion concludes that the section allows citizens to enforce only those water quality standards that are … By interpreting § 1365(a)(1) to exclude citizen suit enforcement of water quality standards that are not translated into quantitative limitations, the majority opinion immunizes the entire body of qualitative regulations

Jose Guerra v. William Barr

Court of Appeals for the Ninth Circuit · Sep 11, 2020

The IJ concluded that petitioner established a clear probability of torture and granted CAT relief, but the Board reversed. … Under this scheme, the BIA may only review the IJ’s factual findings to determine whether they are clearly erroneous. Id.

Hebner v. McGrath

543 F.3d 1133 · Court of Appeals for the Ninth Circuit · Sep 16, 2008

A habeas petition cannot be granted unless the state court decision was: (1) “contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States … established federal law, or involved an unreasonable determination of the facts.

Smolniakova v. Gonzales

Court of Appeals for the Ninth Circuit · Sep 7, 2005

The BIA is instructed to grant Smolniakova a new hearing in which she has a full and fair opportunity to establish her credibility in the qualifying mar- riage context. … Under INA § 216(b)(2), “the burden of proof shall be on the Attorney General to establish, by a preponderance of the evidence” that the qualifying marriage was improper. 8 U.S.C. § 1186a(b)(2).

Hunt v. City of Los Angeles

638 F.3d 703 · Court of Appeals for the Ninth Circuit · Mar 22, 2011

But simply reciting this legal standard fails to provide guidance regarding when a message is “inextricably intertwined” with the merchandise, and what types of messages qualify as religious, philosophical, politi- cal, or … Vagueness [8] Plaintiffs’ vagueness challenge fails because their con- duct is clearly proscribed by § 42.15 (2006).

Speed Corporation v. Louise K. Webster

262 F.2d 482 · Court of Appeals for the Ninth Circuit · Jan 7, 1959

. § 70 by adding the qualifying words “in exceptional cases”. The Trial Court here found that there was no willful infringement, but nevertheless awarded attorney fees. … established: that after appellant had for some time manufactured and sold tool handles under the license with the aid of certain tools, dies, jigs and other material necessary for such manufacture, and after that license

Ibrahim v. Department of Homeland Security

538 F.3d 1250 · Court of Appeals for the Ninth Circuit · Aug 18, 2008

See 49 U.S.C. § 114 (h)(3) (the Transportation Security Administration must "establish policies and procedures" that "require[ ] air carriers" to prevent dangerous people from boarding). … Even if the statutory framework did not clearly establish that Ibrahim's claims against the Terrorist Screening Center constitute challenges to an order of the Transportation Security Administration and are therefore subject

United States v. Richard Samuel Huffhines

967 F.2d 314 · Court of Appeals for the Ninth Circuit · Jun 15, 1992

Huffhines argues the evidence was insufficient to establish his possession of the gun. At best, he says the evidence established only that he had been present in the room where the gun was found. … The possession of a silencer qualifies as a “violent felony” under Potter .

In Re: Paul Alan Leibowitz, Debtor. Paul Alan Leibowitz v. County of Orange Tony Rackauckas, 1 District Attorney of County of Orange

217 F.3d 799 · Court of Appeals for the Ninth Circuit · Jul 6, 2000

Under this definition, Leibowitz’s debt to the County qualifies as one “in the nature of support.” … 1141 (holding that a debt for professional fees and expenses arising from child custody proceedings is “in the nature of support”); In re Dvorak, 986 F.2d 940, 941 (5th Cir.1993) (holding that guardian ad litem fees were “clearly

Jose Escobar Santos v. Merrick Garland

4 F.4th 762 · Court of Appeals for the Ninth Circuit · Jul 9, 2021

Applying the categorical approach to § 475(c), we first determined that contemporary treatises, our sister circuits, and Supreme Court precedent plainly establish that “an essential element of the generic offense of forgery … quotation marks and citation omitted) (brackets in original). 1 For instance, in Taylor, the Supreme Court noted that state convictions for first degree or aggravated burglary are examples of crimes that are clearly

Bird v. Brown

338 F. App'x 573 · Court of Appeals for the Ninth Circuit · Jun 16, 2009

It reviewed the preliminary hearing transcript of the section 245(a) conviction and concluded that it qualified as a strike prior under section 1192.7(c)(23). … We decline to reach the question whether Apprendi clearly establishes that the defendant has the right to a jury determination of the underlying facts related to a prior conviction, because here Bird was given the option

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.

Peggy Lou Riker and Freda H. Grassmee v. Commissioner of Internal Revenue

244 F.2d 220 · Court of Appeals for the Ninth Circuit · Jun 17, 1957

Clearly, however, the corporation itself was not intended to operate and did not operate as a religious, educational or charitable institution. … It is said that ‘the second purpose is charitable; the first purpose clearly is not.

United States v. Zimmerman

514 F.3d 851 · Court of Appeals for the Ninth Circuit · Dec 18, 2007

While Zimmerman’s beliefs clearly prohibit blood samples, it’s unclear whether providing a tissue sample, hair sample or a cheek swab would also violate his beliefs. … The 2000 DNA Act was limited to those who had committed “qualifying federal offenses,” most of which were violent crimes. Kincade, 379 F.3d at 816 -17 n. 1 (plurality opinion).

Castillo-Recinos v. Ashcroft

119 F. App'x 160 · Court of Appeals for the Ninth Circuit · Jan 12, 2005

INS, 216 F.3d 1198, 1200 (9th Cir.2000) (stating that “in removal proceedings, the alien has the burden of establishing that he is ‘clearly and beyond doubt entitled to be admitted and is not inadmissible’ ”); see also 8 … By failing to qualify for asylum, Castillo-Recinos necessarily failed to satisfy the more stringent standard for withholding of removal. See Gonzalez-Hernandez, 336 F.3d at 1001 n. 5.