Case law

United States v. Gonzalez-Aparicio

648 F.3d 749 · Court of Appeals for the Ninth Circuit · Nov 16, 2011

However there is an exception to this general principle: “ ‘[W]here the law at the time of trial was settled and clearly contrary to the law at the time of appeal[,] 20178 UNITED STATES v. … As a result, his conviction does not qualify as a “crime of violence” under the modified cate- gorical approach.

United States v. 66 Pieces of Jade and Gold Jewelry, Warren Clark Anderson, Claimant-Appellant. United States of America v. One 1977 Mercedes-Benz, Vin 11603672001815, California License 250 Uvl, Its Tools and Appurtenances, Micheline Ly Sing Lao, Claimant-Appellant

760 F.2d 970 · Court of Appeals for the Ninth Circuit · May 14, 1985

These factual findings are not clearly erroneous. This court has held that the traveler has the burden of coming forward with items that have to be declared. United States v. … The Lao deposition was relevant to the jewelry case only to establish the presence of the jewelry in the United States on previous occasions.

Wen-Wan Chang v. United States

327 F.3d 911 · Court of Appeals for the Ninth Circuit · Apr 29, 2003

See id. § 1186b(c)(3)(D) (“[T]he burden of proof shall be on the *924 Attorney General to establish ... that the facts and information ... alleged in the petition are not true with respect to the qualifying commercial enterprise … The district court’s findings of fact are not clearly erroneous. We agree with its consequent analysis.

Luis Toro-Romero v. John Ashcroft, Attorney General

382 F.3d 930 · Court of Appeals for the Ninth Circuit · Aug 30, 2004

Ashcroft, 277 F.3d 1137, 1141 (9th Cir.2002) (“[W]e retain jurisdiction [over] the BIA’s determination of the purely legal and hence non-discretionary question whether Montero-Her-nandez’s adult daughter qualifies as a ‘child … The Service, in its brief, clearly states that Toro-Romero has never been charged with removal as an aggravated felon.

United States v. Richard Annigoni

96 F.3d 1132 · Court of Appeals for the Ninth Circuit · Sep 23, 1996

The case law does not appear to establish such a rigid dichotomy, however. … Clearly, the proper remedy for the improper use of a peremptory challenge is automatic reversal.

Montana Air Chapter No. 29, Association of Civilian Technicians, Inc. v. Federal Labor Relations Authority

898 F.2d 753 · Court of Appeals for the Ninth Circuit · Mar 22, 1990

An agency’s decision not to take enforcement action generally falls under the second exception and is presumed to be immune from judicial review. Heckler v. … Such an interpretation clearly conflicts with the language of the regulations.

Saratoga Fishing Co. v. Marco Seattle Inc., and J.M. Martinac & Co. Caterpillar Tractor Co. Southwest Marine Hardware, Inc., Saratoga Fishing Co. v. Marco Seattle Inc. Southwest Marine Hardware, Inc. Caterpillar Tractor Co. J.M. Martinac & Co., Saratoga Fishing Co. v. J.M. Martinac & Co.

69 F.3d 1432 · Court of Appeals for the Ninth Circuit · Oct 26, 1995

Thus, if a manufacturer's product is altered by a seller or other intermediary, the manufacturer might be immune from strict liability. See Restatement Sec. 402A cmt. p. … The district court's determination is not clearly erroneous and the apportionment of two-thirds liability to Saratoga Fishing will not be disturbed. 65 Saratoga Fishing next argues that Marco and Martinac failed to establish

Mothershed v. Justices of the Supreme Court

410 F.3d 602 · Court of Appeals for the Ninth Circuit · Jun 6, 2005

Bevers, 922 F.2d 618, 620 (10th Cir. 1990) (“The right to retain and consult an attorney . . . implicates . . . clearly established First Amendment rights of association and free speech.”). … Rather, they provide that a qualified out-of-state attorney may be admitted pro hac vice by an Arizona court.

Ocean Advocates, a Non-Profit Organization Fuel Safe Washington, a Non-Profit Organization North Cascades Audubon Society, a Non-Profit Organization Dan Crawford, an Individual Re Sources, a Non-Profit Organization v. United States Army Corps of Engineers Ralph H. Graves, Bp West Coast Products, Llc, F/k/a Atlantic Richfield Company, Intervenor-Appellee. Ocean Advocates, a Non-Profit Organization Fuel Safe Washington, a Non-Profit Organization North Cascades Audubon Society, a Non-Profit Organization Dan Crawford, an Individual Re Sources, a Non-Profit Organization v. United States Army Corps of Engineers Ralph H. Graves, Bp West Coast Products, Llc, F/k/a Atlantic Richfield Company, Intervenor-Appellant

402 F.3d 846 · Court of Appeals for the Ninth Circuit · Mar 4, 2005

Id. at 399 , 107 S.Ct. 750 . 40 OA's interests clearly meet the lenient zone of interests test. … We hold that the permit that the Corps issued qualifies as such a final agency action. II.

Marshall v. Kleppe

637 F.2d 1217 · Court of Appeals for the Ninth Circuit · Apr 20, 1981

The above-cited cases clearly indicate that the Constitution is a sufficient law to apply. The SBA Administrator's action is therefore reviewable. … We have also not considered whether the defendant may have a defense of immunity. Cf. Butz v. Economou, 438 U.S. 478 , 98 S.Ct. 2894 , 57 L.Ed.2d 895 (1978).

Mathews v. Butte Machinery Co.

286 F. 801 · Court of Appeals for the Ninth Circuit · Feb 5, 1923

Mathews was appointed receiver by the court and qualified as such on September 18, 1920. … After the appointment of the receiver, the Machinery Company proceeded, with all diligence, pursuant to the notice of the receiver, to establish its claim and right to the property.

Kulvir Singh Barapind v. Jerry J. Enomoto, United States Marshal for the Eastern District of California

400 F.3d 744 · Court of Appeals for the Ninth Circuit · Mar 9, 2005

The Federation is dedicated to establishing an independent sovereign Sikh nation. … Barapind contends that India did not establish probable cause to believe he committed these crimes.

Dreier v. United States

106 F.3d 844 · Court of Appeals for the Ninth Circuit · Sep 17, 1996

Rather, the government is negligent precisely because it failed to follow established military rules and procedures governing the operation of its NCO Club. … We held that the estate was not entitled to Feres immunity because Green was not injured “incident to service.” Id. at 700.

Elden Clay Maynard v. City of San Jose Les White James Daniels Jack Atkinson and Nancy Jackson, Elden Clay Maynard v. City of San Jose Les White James Daniels Jack Atkinson and Nancy Jackson

37 F.3d 1396 · Court of Appeals for the Ninth Circuit · Nov 22, 1994

Reversal is appropriate only if the court based its decision "on an error of law or clearly erroneous findings of fact." United States v. … Having done so, we need not address the defendants' argument that they were entitled to qualified immunity on Maynard's federal claims. 49 V.

Liza Brown v. Susan E. Poole

337 F.3d 1155 · Court of Appeals for the Ninth Circuit · Aug 4, 2003

PROSECUTOR: Now other than what I have told you right now in court today at this moment, [have] there been any other promises made to you of lesser sentence, probation, reward, immunity, anything else, in order to have you … Santobello clearly established the requisite legal principles long ago, and the state court’s decision did not reasonably apply them. C.

United States v. Smyth

61 F.3d 711 · Court of Appeals for the Ninth Circuit · Jul 27, 1995

Article 3(a), however, clearly contains such a requirement. … The district court ruled that because the presumptions were not successfully rebutted, Smyth qualified for the Article 3(a) defense to extradition.

Griffeth v. Detrich

603 F.2d 118 · Court of Appeals for the Ninth Circuit · Aug 29, 1979

The Supreme Court has held: 16 To have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it. He must have more than a unilateral expectation of it. … Each county has considerable discretion in establishing criteria of eligibility. The court wrote: "In reality, the counties define just who it is who qualifies for a 'legitimate claim of entitlement' to General Relief.

Philomene Long, Surviving Spouse and Heir-At-Law of John Thomas Idlet, Deceased v. County of Los Angeles

442 F.3d 1178 · Court of Appeals for the Ninth Circuit · Mar 28, 2006

. § 1983 provides a cause of action for the “deprivation of any rights, privileges, or immunities secured by the Constitution and laws” of the United States. … Rather, where the district court’s order is a full adjudication of the issues and clearly evidences the judge’s intention that it be the court’s final act in the matter, the filing of an appeal, in conjunction with the parties

Ronald L. BOETTCHER, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee

759 F.2d 719 · Court of Appeals for the Ninth Circuit · Apr 30, 1985

Salfi and Eldridge express the established principle that the availability of judicial review for “colorable” eonstitutional claims is presumed. … Since a state agency made the initial disability determination, Boettcher contends this determination is immune from review under Section 404.946(B)(1).

Washington v. Chu

558 F.3d 1036 · Court of Appeals for the Ninth Circuit · Mar 10, 2009

In particular, the FFCA waived sovereign immunity for the operation of federal facilities and clarified that states could impose civil fines on federal facilities for violations of RCRA. … Our analysis of § 9(a)(1) reveals that Congress has clearly required that the designation exemption be applied only to wastes at WIPP. 15 A.