Case law

United States v. Viers

251 F. App'x 381 · Court of Appeals for the Ninth Circuit · Oct 10, 2007

The district court found “Landers ... better qualified to opine on [power consumption] and [gave] little weight to the defendant’s expert testimony.” … But the investigation that followed the tip did establish probable cause.

Petition of Lloyd Clifton for a Writ of Habeas Corpus v. Gene Cox, Sheriff of Humboldt County, California

549 F.2d 722 · Court of Appeals for the Ninth Circuit · Mar 4, 1977

We cannot on the basis of the overall record conclude that these findings are clearly erroneous. IV We come to the state’s final contention. Relying on language from Brown v. … immunity of executive officers for acts performed in the course of official conduct.

Jose Torres-Valdivias v. Loretta E. Lynch

786 F.3d 1147 · Court of Appeals for the Ninth Circuit · May 8, 2015

established in Matter of Jean. … However, Jean was statutorily ineligible for adjustment of status due to a manslaughter conviction, which qualified as a crime involving moral turpitude rendering Jean inadmissible under 8 U.S.C. § 1182(a)(2)(A)(i)(I).

Gilliam v. Nevada Power Company

488 F.3d 1189 · Court of Appeals for the Ninth Circuit · May 30, 2007

In 1986, Nevada Power Company established the Nevada Power Company Supplemental Executive Retirement Plan (“NPC Plan”), a non-qualified pension plan intended to pro- vide retirement benefits to certain highly-compensated … United States, 435 U.S. 21, 25 (1978) (“Wages usually are income, but many items qual- ify as income and yet clearly are not wages.”). 6610 GILLIAM v.

Jeffery Barnes v. Nancy Berryhill

895 F.3d 702 · Court of Appeals for the Ninth Circuit · Jul 13, 2018

It is important that these findings be made at all levels of adjudication to clearly establish the basis for the determination or decision for the claimant and for a reviewing body including … SSR 82-41, 1982 WL 31389, at *7 (emphasizing the importance of written findings “to clearly establish the basis for the determination or decision for the claimant and for a reviewing body including a Federal district court

G. C. v. Bondi

Court of Appeals for the Ninth Circuit · May 8, 2025

Oct. 29, 2014), the IJ appointed a qualified representative to represent him during the remainder of the removal proceedings. Through his qualified representative, G.C. contested removability. … Our jurisdiction established, G.C. next argues that the BIA erred in denying his application for three reasons.

Brian Hagen v. City of Eugene

736 F.3d 1251 · Court of Appeals for the Ninth Circuit · Dec 3, 2013

The day after a hearing on that issue, but before the court issued a ruling, Appellants moved “for judgment in their favor based on qualified immunity on [the] ‘public concern’ issue,” pursuant to Rule 52(c) of the Federal … Hagen therefore has not established a constitutional violation.

Normita Santo Domingo Fajardo v. Immigration and Naturalization Service

300 F.3d 1018 · Court of Appeals for the Ninth Circuit · Aug 9, 2002

. § 3.2 (c)(2), to establish a prima facie case of eligibility for relief because the motion *1020 was “her second motion to reopen and so should be denied.” … CONCLUSION The IJ’s conclusion that Fajardo’s motion to reopen was precluded because it was her second motion is clearly erroneous as a matter of law.

Dennis M. Chinnock v. Thomas K. Turnage, Administrator, Veterans' Administration

995 F.2d 889 · Court of Appeals for the Ninth Circuit · Jun 8, 1993

Chinnock’s affliction is not among those listed in § 3.311b(b)(2), therefore his claim clearly fails to satisfy the second requirement. … As a general matter, to qualify for benefits a veteran must show that his or her disability is “service-connected” — that is, that the disability was incurred or aggravated in the line of active duty. 38 U.S.C. § 101 (16)

Securities & Exchange Commission v. CMKM Diamonds, Inc.

729 F.3d 1248 · Court of Appeals for the Ninth Circuit · Sep 10, 2013

Clearly, Calvo was a necessary participant and a substantial factor in the illegal sale of unregistered SOE stock.”). 20 SEC V. CMKM DIAMONDS, INC. … Here, the undisputed facts do not establish that Global and Bagley were substantial participants in the CMKM distribution as a matter of law.

Michael Cuero v. Matthew Cate

850 F.3d 1019 · Court of Appeals for the Ninth Circuit · Mar 8, 2017

This is the rare case where the state court’s decision was contrary to then-clearly established Supreme Court law governing guilty pleas induced by agreements with the prosecutor. … At the' time of the state court’s decision, Supreme Court precedent clearly established that it was a violation of Michael Cuero’s due process rights for the prosecution to seek to amend its complaint after Cuero entered

Gary Oram, Jr. v. the City of Dillon

Court of Appeals for the Ninth Circuit · Feb 27, 2019

The district court properly granted summary judgment on Oram’s equal protection claim because Haggard and Alvarez were entitled to qualified immunity under the circumstances. … See Ashcroft v. al–Kidd, 563 U.S. 731, 741 (2011) (discussing qualified immunity and noting that a right is clearly established only if 2 18-

United States v. Rivera-Corona

618 F.3d 976 · Court of Appeals for the Ninth Circuit · Aug 18, 2010

In so holding, Bland rejected as irrelevant the state’s argument that the defendant had not clearly established his financial eligibility for appointed counsel. Id. at 1477 . … Consequently, the court's inquiry in this case failed to establish a “sufficient basis for reaching an informed decision.” See, e.g., United States v.

UNITED STATES of America, Plaintiff-Appellee, v. Shahram DAVOUDI, Defendant-Appellant

172 F.3d 1130 · Court of Appeals for the Ninth Circuit · Apr 14, 1999

Asking counsel for citations does not establish a failure to exercise discretion. … By its location in the commentary, the phrase “at the time the offense is discovered” clearly qualifies the “amount of the loan not repaid,” not the “amount ... recovered.”

Didrickson v. United States Department of the Interior

982 F.2d 1332 · Court of Appeals for the Ninth Circuit · Dec 28, 1992

The FWS had confiscated a parka and hat made for sale by Didrickson out of sea otter fur because they contained metal snaps and zippers, which did not qualify as traditional, according to the FWS. … the requisite particularized, concrete and immediate injury to establish standing.

Wide Voice, LLC v. FCC

61 F.4th 1018 · Court of Appeals for the Ninth Circuit · Mar 9, 2023

FCC § 201(b) adjudicative finding where the carriers’ arrangement clearly “was devised solely in order to circumvent regulation”). … The FCC Employed a Well-established, Legally Sound Definition of “Sham.”

Robert Boggs v. Michael Schrunk

545 F. App'x 613 · Court of Appeals for the Ninth Circuit · Nov 7, 2013

I Boggs contends that the district court erred in granting qualified immunity to District Attorney Schrunk because it was clearly established that his due process rights were violated by publishing stigmatizing statements

In Re Ford Motor Company Citibank South Dakota)

264 F.3d 952 · Court of Appeals for the Ninth Circuit · Sep 6, 2001

(emphasis added). 12 Here, the record clearly indicates that the district court intended to dispose of the consolidated action. First, the dismissal did not grant leave to amend. … That is, remand orders based upon any defect in removal or lack of subject matter jurisdiction are immune from review.

American Civil Liberties Union of Northern California v. United States Department of Justice

880 F.3d 473 · Court of Appeals for the Ninth Circuit · Jan 18, 2018

P. 16(a)(2). 8 The attorney work-product privilege is a qualified privilege. … The qualified nature of the privilege, however, does not translate into the FOIA context. Exemption 5 “establish[es] a discrete category of exempt information,” FTC v.

Toufighi v. Mukasey

538 F.3d 988 · Court of Appeals for the Ninth Circuit · Aug 18, 2008

Toufighi submits that the IJ found him generally credible, and that the IJ’s qualifying remarks 10 do not add up to a clear finding that Toufighi’s claim of conversion was false. … It was not required to search the record to tease out claims that Toufighi had not clearly made.