Case law

Maryam Ghadessi v. Immigration and Naturalization Service

797 F.2d 804 · Court of Appeals for the Ninth Circuit · Aug 19, 1986

INS, 790 F.2d 1433, 1436 (9th Cir.1986) (BIA has no discretion to deny motion to reopen where prima facie case for prohibition of deportation is established). *806 Even where an alien qualifies as a refugee by showing a well-founded … However, the BIA clearly did not exercise any type of discretionary authority in this case. Its decision was squarely predicated on a finding that Ghadessi failed to establish a prima facie case.

Cordoza v. Pacific States Steel Corp.

320 F.3d 989 · Court of Appeals for the Ninth Circuit · Feb 20, 2003

At the same time, Judge Patel denied the recusal motion and established discovery procedures. … Metcalf & Eddy, Inc., 506 U.S. 139, 146 , 113 S.Ct. 684 , 121 L.Ed.2d 605 (1993) (holding that a state’s immunity under the Eleventh Amendment meets the “importance” requirement); Abney v.

Human Life of Washington, Inc. v. Chair Bill Brumsickle

624 F.3d 990 · Court of Appeals for the Ninth Circuit · Oct 12, 2010

Standing and Ripeness To satisfy Article III’s case or controversy requirement, Human Life must establish standing to sue. … Although MCFL did not qualify as a “political committee” under the federal statute, then-existing law prohibited any corporation from making independent expenditures unless the corporation established a separate, segregated

Union Pac. Ry. Co. v. Novak

61 F. 573 · Court of Appeals for the Ninth Circuit · Apr 2, 1894

The affidavit of Griffin, if competent, does not clearly and affirmatively show that he was not such an agent. It is evasive. … This was at least prima facie sufficient to establish his qualification.

Estrada-Espinoza v. Gonzales

Court of Appeals for the Ninth Circuit · Aug 15, 2007

establish that the conviction is a predicate conviction for enhancement purposes.” … To summarize, Valencia establishes that § 261.5(c) does not categorically involve the use or threat of physical force, and physical injury is not a necessary result of conduct that 9970 ESTRADA-ESPINOZA v.

In the Matter of Arthur Clarke Ahlswede and Dorothy Ahlswede, Bankrupts. Richard W. Stebbins, Trustee v. Crocker Citizens National Bank

516 F.2d 784 · Court of Appeals for the Ninth Circuit · Apr 29, 1975

The effect of the trust provision is that upon the bankruptcy of the beneficiary his equitable interest in the income and principal of the trust estate, being non-assignable and immune from judicial process under California … The only other possible basis for subordinating the Bank’s claim, the doctrine of marshaling of assets, is clearly foreclosed in the situation here presented under the doctrine of Meyer v.

Wold v. Red Lion Inn

105 F.3d 668 · Court of Appeals for the Ninth Circuit · Jan 6, 1997

law enforcement officer is entitled to qualified immunity from civil liability for damages if a reasonable officer could have believed that the conduct was lawful, in light of clearly established law and the information the … (quoting Anderson, 483 U.S. at 641 )). 34 Procedurally, qualified immunity should be decided by the trial court long before trial. Id. at 228.

Lora M. Saxton v. Housing Authority of the City of Tacoma William Hunter, Executive Director of the Housing Authority of the City of Tacoma

1 F.3d 881 · Court of Appeals for the Ninth Circuit · Jul 30, 1993

Denying a request to add a family member to the lease is clearly *885 an “action” regarding that lease. 7 THA cites no regulation which limits the grievance procedures to actions initiated by the PHA alone. … At oral argument, THA argued for the first time that the admission of an additional family member to a lease is a two-step process under which the family member must first apply and be deemed "qualified’’ for tenancy.

Evans v. Shoshone-Bannock Land Use Policy Commission

736 F.3d 1298 · Court of Appeals for the Ninth Circuit · Dec 5, 2013

To the extent the district court concluded otherwise, its findings are clearly erroneous. See Turtle Island Restoration Network v. U.S. … The Tribes also assert that these Defendants are immune from suit. But “tribal sovereign immunity does not bar a suit for prospective relief against tribal officers allegedly acting in violation of federal law.”

Charlie Jackson v. R. Fong

870 F.3d 928 · Court of Appeals for the Ninth Circuit · Aug 31, 2017

Fong, who told Jackson that he did not qualify for the prison’s mental health program. On June 24, Jackson sent a health services request. Responding to that request on June 30, Dr. K. … We leave issues of qüalified immunity for the district court to resolve in the first instance, Schneider v. Cty. of San Diego, 28 F.3d 89 , 93 (9th Cir. 1994).

Robleto-Pastora v. Holder

Court of Appeals for the Ninth Circuit · Jan 11, 2010

See Kaganovich, 470 F.3d at 898 (agreeing with BIA’s determination that INA’s refugee provisions could not be read to immunize refu- gees from the INA’s removal provision). … [12] Petitioner fails to establish prejudice.

United States v. Valenzuela-Hernandez

72 F. App'x 686 · Court of Appeals for the Ninth Circuit · Aug 18, 2003

Consequently, we remand for re-sentencing to allow the district court to review the existing record and any state court *687 documents that may be obtained in order to determine whether Valenzuela-Hemandez’s prior conviction qualifies … Rivera-Sanchez, 247 F.3d 905, 908-09 (9th Cir.2001) (en banc) (stating that when the statute is broader than the generic definition, the court should examine other documents or judicially noticeable facts that clearly establish

Fernando Cordero-Garcia v. Merrick Garland

105 F.4th 1168 · Court of Appeals for the Ninth Circuit · Jun 27, 2024

Penal Code § 136.1(b)(1) qualifies as an aggravated felony—an offense “relating to obstruction of justice” for which the term of imprisonment is at least one year under 8 U.S.C. § 1101(a)(43)(S). … GARLAND subsection (b)(1). 4 Rather, we need only determine whether the mens rea required for conviction under CPC § 136.1(b)(1) is broader than that required to establish a violation of § 1101(a)(43)(S).

Mercado-Zazueta v. Holder

Court of Appeals for the Ninth Circuit · Sep 8, 2009

Thus, the emphasis on section 240A(a)(1)’s requirement of being “lawfully admit- ted” is clearly misplaced. In re Escobar, 24 I. & N. Dec. at 234. … As discussed, section 240A(a) was only intended to clarify “the type of status necessary to qualify for relief.” Id. (empha- sis added).

Kaufman-Brown Potato Co. v. Long

182 F.2d 594 · Court of Appeals for the Ninth Circuit · May 11, 1950

issue, 2 and when this is done we must hold to the referee’s and the court’s conclusions unless they are without substantial support or, though they are substantially supported, we find upon a review of the whole case that clearly … First, there is no authorization to be found in the Bankruptcy Act for ihe involuntary adjudication as bankrupt of .a partnership save upon the petition of qualified creditors.

Yun Liao v. Maurice Junious

Court of Appeals for the Ninth Circuit · Jan 29, 2016

The panel concluded that the Superior Court’s decision that Liao suffered no prejudice was based on an unreasonable determination of the facts and was objectively unreasonable in its application of clearly established Federal … First, “clearly established federal law” is limited to Supreme Court authority that “squarely addresses” the claim at issue and provides a “clear answer.” Wright v.

Gilbert C. Brown v. Joan Palmateer, Superintendent, Oregon State Penitentiary

379 F.3d 1089 · Court of Appeals for the Ninth Circuit · Aug 17, 2004

established Federal law, as determined by the Supreme Court of the United States." 28 U.S.C. § 2254 (d)(1). … The majority interprets Oregon law to say one thing, and the Oregon Court of Appeals clearly held that it says another.

Edwin C. Hollenbeck and Kathryn J. Hollenbeck, Wade G. Ellis and Anita l.ellis v. Commissioner of Internal Revenue

422 F.2d 2 · Court of Appeals for the Ninth Circuit · Feb 5, 1970

“Whether advances to a corporation are contributions to capital or loans ‘is essentially a question of fact upon which the taxpayer has the burden of establishing his right to such deduction’ (Matthiessen v. … We hold that the Court’s determination was not clearly erroneous. Commissioner of Internal Revenue v. Duberstein, 363 U.S. 278, 291 , 80 S.Ct. 1190 , 4 L.Ed.2d 1218 (1960).

United States v. Broussard

200 F. App'x 696 · Court of Appeals for the Ninth Circuit · Sep 1, 2006

Similarly, the jury verdict form clearly shows that the jury believed that, on or about November 18, 2002, Broussard distributed cocaine base and that the mixture containing the cocaine base was over 50 grams. … Thus, the judge did not rely on the alleged October 2002 trip to calculate the Guidelines range, establish the statutory mandatory minimum sentence, or determine the final 300-month sentence.

Hoonah Indian Ass'n v. Morrison

170 F.3d 1223 · Court of Appeals for the Ninth Circuit · Mar 24, 1999

The words following the comma qualify and explain the statutory term “necessary.” … The Supreme Court has instructed us emphatically, in an earlier reversal, that “Con *1228 gress clearly did not” subordinate all other uses to subsistence uses: Congress clearly did not state in ANILCA that subsistence uses