Case law

Anthony Alphonsus v. Eric Holder, Jr.

705 F.3d 1031 · Court of Appeals for the Ninth Circuit · Jan 18, 2013

Section 1101(a)(43), in turn, specifies which generic crimes qualify as aggravated felonies. … Id. at 385 (internal quotation marks omitted). *1044 It is a well-settled principle of administrative law that an agency abuses its discretion if it “clearly departs from its own standards.” NLRB v.

In Re Moreggia & Sons, Inc. City of San Francisco Market Corporation v. Edward M. Walsh, Trustee American Poultry Company, Creditor

852 F.2d 1179 · Court of Appeals for the Ninth Circuit · Jul 27, 1988

We acknowledge that the agreement qualifies as a lease under California state law. … It is also worth noting that the Lease Agreement does not qualify as an exec-utory contract.

Nunes v. Ramirez-Palmer

Court of Appeals for the Ninth Circuit · Apr 26, 2007

Specifically, he contends that the state appellate court’s ruling upholding his sentence was the result of “an unreason- able application of clearly established federal law.” … Second, prosecutors seek a recidivist sen- tence in nearly half of all cases involving defendants that qualified under the recidivist statute.

Amato v. Bernard

618 F.2d 559 · Court of Appeals for the Ninth Circuit · May 8, 1980

This application was initially denied on June 7, 1971, on the ground that Amato did not have enough service credits to qualify for a pension. … The district court clearly did not err in finding, as it did, that Amato did not exhaust his administrative remedies in 1976.

Passantino v. Johnson & Johnson Consumer Products

207 F.3d 599 · Court of Appeals for the Ninth Circuit · Mar 10, 2000

Williams stated that she was clearly qualified for those positions as of 1993 (if not earlier), and such positions were available after she complained of discrimination. … First, while the actors here were clearly managerial, it is not apparent to us exactly how senior they were.

United States v. Zula Jones

286 F.3d 1146 · Court of Appeals for the Ninth Circuit · Apr 18, 2002

We find no evidence that the district court clearly erred in reaching its decision. … The court did not clearly err in finding that Jones’ consent was tainted. AFFIRMED.

Earl Rose , Jr. v. B. Bonnet

402 F. App'x 226 · Court of Appeals for the Ninth Circuit · Nov 1, 2010

The district court properly granted summary judgment on qualified immunity grounds because defendants’ moving papers and evidence alone established that there was no triable issue as to whether they knew of and disregarded … Kemna, 504 F.3d 705, 712 (9th Cir. 2007) (qualified immunity requires determining whether defendants’ conduct violated a constitutional right and whether the right was clearly established at the time of the alleged violation

Osequeda-Nunez v. Holder

Court of Appeals for the Ninth Circuit · Feb 10, 2010

However, because the only information before the IJ was the fact of conviction, Ocegueda’s conviction of inde- cent exposure can qualify as a crime of moral turpitude on the record before us only if it so qualifies under … To qualify for cancellation of removal under this section, an alien must establish, among other requirements, that he or she (1) “has been physically present in the United States for a contin- uous period of not less than

Scanlon v. Boeing Co.

47 F. App'x 859 · Court of Appeals for the Ninth Circuit · Oct 3, 2002

Americans with Disabilities Act (“ADA”), 1 a plaintiff must present sufficient evidence from which the trier of fact could rationally conclude: (1) that she was a disabled person within the meaning of the ADA; (2) that she was qualified … Her assertion by affidavit that climbing ladders is not an essential function of her job is clearly contradicted by her own deposition testimony discussed above. See Foster v.

Kimball v. Callahan

590 F.2d 768 · Court of Appeals for the Ninth Circuit · Jan 26, 1979

Enforcement Division, have appealed from a judgment declaring that appellees, five Klamath Indians and the Klamath Indian Game Commission, and the members of the Klamath Indian Tribe are "entitled to the rights, privileges and immunities … The Acting Secretary of Interior also recognized that different interpretations of its effect were possible, and advised Congress to clearly state its intentions. Letter to Hon. Richard L.

Punikaia v. Clark

720 F.2d 564 · Court of Appeals for the Ninth Circuit · Sep 7, 1983

These interpretations of state law are not clearly wrong. … Even assuming that the patients qualify as third-party beneficiaries, their argument fails.

Taty Lieana Tearsa Sael, Orville Wright Manariangkuba v. John Ashcroft, Attorney General

386 F.3d 922 · Court of Appeals for the Ninth Circuit · Oct 14, 2004

State, 1999 Country Reports on Human Rights Practices: Indonesia § 5 (Feb. 25, 2000)[here-inafter 1999 Indonesia Country Report] (documenting attacks on Christian churches, and explaining that while attacks on churches “clearly … After three weeks of confinement at home, she had to take her infant son to get immunized at the hospital. AR 122.

In Re Wolf & Vine

825 F.2d 197 · Court of Appeals for the Ninth Circuit · Aug 12, 1987

This court reviews the bankruptcy court's findings of fact under a clearly erroneous standard and its conclusions of law de novo. Pizza of Hawaii, Inc. v. Shakey's, Inc. … between receipt and negotiation of a check does not preclude a substantially contemporaneous exchange under section 547(c)(1).). 35 Evidence supports the assertion that the definition of "reasonable time" for honoring checks, established

Mobassa Boyd v. Anthony C. Newland, Warden

455 F.3d 897 · Court of Appeals for the Ninth Circuit · Jun 26, 2006

It also held that Petitioner “clearly did not establish a prima facie case of group discrimination, even under federal precedent.” … Petitioner argues that a juvenile adjudication does not qualify as a “conviction” under the Apprendi exception.

United States v. Gomez-Mendez

Court of Appeals for the Ninth Circuit · May 14, 2007

He also argued that a sixteen-level enhancement was inappropriate because his prior California conviction did not categorically qualify as a “crime of violence.” … reasonable belief that the victim was over the age of six- teen is no defense to statutory rape in California.8 Under Cali- fornia case law, a reasonable belief that the victim was eighteen or older, the age of consent established

United States v. Anatoli Zakharov

468 F.3d 1171 · Court of Appeals for the Ninth Circuit · Nov 15, 2006

Zakharov’s convictions are clearly supported by sufficient evidence. … We hold that the district court’s denial of the minor role adjustment was not clearly erroneous.

Hynes v. Grimes Packing Co.

165 F.2d 323 · Court of Appeals for the Ninth Circuit · Nov 21, 1947

That the all inclusive word “lands” in a statute or a treaty providing for a reservation of “lands” for Indians includes such navigable waters, has been clearly established. In Alaska Pacific Fisheries v. … The facts bring the case clearly within Philadelphia Co. v.

United States v. Robert E. Tucker

716 F.2d 576 · Court of Appeals for the Ninth Circuit · Sep 30, 1983

The facts in the matter before us are clearly distinguishable and compel a different result. … Finding No. 3 Retained trial counsel neither qualified for, nor did he take the necessary steps to qualify for appointment to indigent criminal cases in the United States District Court for the Southern District of California

Skokomish Indian Tribe, a Federally Recognized Indian Tribe in Its Own Capacity as a Class Representative and as Parens Patriae Denny S. Hurtado Gordon A. James Joseph Pavel Anne Pavel Maures P. Tinaza Celeste F. Vigil Roslynne L. Reed Gary W. Peterson Rita C. Andrews Tom G. Strong Marie E. Gouley Victoria J. Pavel Dennis W. Allen Joseph Andrews, Sr. Zetha Cush Elsie M. Allen Alex L. Gouley, Jr. Lawrence L. Kenyon Doris Miller Gerald B. Miller Helen M. Rudy Ronald D. Twiddy, Sr. Nick G. Wilbur, Sr. v. United States of America Tacoma Public Utilities, a Washington Municipal Corporation City of Tacoma, a Washington Municipal Corporation William Barker, Tacoma Public Utilities Board Member in His Official Capacity Tom Hilyard, Tacoma Public Utilities Board Member in His Official Capacity Robert Lane Tim Strege G.E. Vaughn, Skokomish Indian Tribe, a Federally Recognized Indian Tribe in Its Own Capacity as a Class Representative and as Parens Patriae Denny S. Hurtado Gordon A. James Joseph Pavel Anne Pavel Maures P. Tinaza Celeste F. Vigil Roslynne L. Reed Gary W. Peterson Rita C. Andrews Tom G. Strong Marie E. Gouley Victoria J. Pavel Dennis W. Allen Joseph Andrews, Sr. Zetha Cush Elsie M. Allen Alex L. Gouley, Jr. Lawrence L. Kenyon Doris Miller Gerald B. Miller Helen M. Rudy Ronald D. Twiddy, Sr. Nick G. Wilbur, Sr., Skokomish Indian Tribal Members for Themselves and All Others Similarly Situated v. Tacoma Public Utilities, a Washington Municipal Corporation City of Tacoma, a Washington Municipal Corporation William Barker, Tacoma Public Utilities Board Member in His Official Capacity Tom Hilyard, Tacoma Public Utilities Board Member in His Official Capacity Robert Lane Tim Strege G.E. Vaughn United States Internal Revenue Service

401 F.3d 979 · Court of Appeals for the Ninth Circuit · Mar 9, 2005

No special immunity premised on sovereignty as such is claimed. … Ordinarily, whether a case is cognizable under § 1983 does not turn on whether the rights are well-established or not, although qualified immunity does turn upon that consideration. See Saucier v.

O'Keefe v. Van Boening

82 F.3d 322 · Court of Appeals for the Ninth Circuit · Apr 30, 1996

Although the State Officials had filed a motion for summary judgment before the district court ruled in favor of O’Keefe, that motion only developed the facts necessary to support the State Officials’ claim of qualified immunity … Even assuming that the DOC Mail Policy does have such a chilling effect, the State Officials have established that legitimate pe-nological interests justify the policy. Cf. Witherow v.