Case law

Xiao Ma v. Jefferson Sessions, III

907 F.3d 1191 · Court of Appeals for the Ninth Circuit · Nov 2, 2018

. § 274a.12(b)(20) does not confer lawful immigration status for purposes of establishing eligibility for status adjustment under 8 U.S.C. § 1255(k)(2). … Accordingly, the BIA concluded that Ma was without lawful status from August 5, 2006 to July 2, 2007, a period of over 180 days, which precluded Ma from establishing his eligibility for adjustment of status.

Sonoco Products Company v. National Labor Relations Board

399 F.2d 835 · Court of Appeals for the Ninth Circuit · Aug 7, 1968

I have letters in my office dating back to August, 1965, concerning the establishment of this program. … In combination with Hughes’ statement that Mendonca expressed fear as a result of the subsequent telephone calls, they clearly provide such justification.

Zeinali v. Raytheon Co.

636 F.3d 544 · Court of Appeals for the Ninth Circuit · Apr 4, 2011

Raytheon’s approach would essentially immunize government contractors from any liability in cases involving employees whose security clearances are revoked or denied. … The parties contest whether Zeinali was qualified for his position and whether the circumstances of Raytheon’s ter- mination suggest a discriminatory motive.

Gaines v. City of Phoenix

116 F.3d 484 · Court of Appeals for the Ninth Circuit · Jun 9, 1997

At the very least, he was required under clearly established federal law to conduct an inquiry into whether such an order existed, and, if so, what legal effect it had. See id. … immunity.

Olivas-Motta v. Holder

746 F.3d 907 · Court of Appeals for the Ninth Circuit · May 17, 2013

Silvar-Trevino establishes a three-step analysis. At the first step, applying Taylor v. … The Attorney General’s new definition conflicts with a clear and long-established definition of “conviction.”

Leslie Feldman v. Arizona Sec'y of State's Ofc.

842 F.3d 613 · Court of Appeals for the Ninth Circuit · Nov 2, 2016

For the reasons discussed below, the district court’s factual determination that this evidence failed to establish the requisite link was not clearly erroneous. … As such, it was not clearly erroneous for the district court to conclude that Feldman failed to establish that this Gingles factor turned in her favor.

Frank S. Watts and Barbara M. Watts v. United States

703 F.2d 346 · Court of Appeals for the Ninth Circuit · Jan 27, 1983

Commissioner, 72 T.C. 715, 719-720 (1979), upon which Watts relies, clearly demonstrates. … This court agreed that the company’s plan, as a profit-sharing, qualified for tax treatment under § 401.

Carrillo-Jaime v. Holder

Court of Appeals for the Ninth Circuit · Jul 15, 2009

A violation of § 10801 clearly satisfies the first and third elements of “theft offense” under § 1101(a)(43)(G). [2] The first element is “exercise of control over property.” … Code § 10801 does not categorically qualify as a theft offense under 8 U.S.C. § 1101(a)(43)(G).

Center for Biological Diversity v. United States Environmental Protection Agency

Court of Appeals for the Ninth Circuit · Mar 3, 2026

Chronic cadmium exposure causes cancers, birth defects, and adverse effects on growth, reproduction, immune and endocrine functions, development, and behavior in aquatic species. … Cadmium is acutely toxic and chronic exposure harms aquatic species’ growth, reproduction, immune and endocrine functions, development, and behavior.

Phillip Lemons v. Bill Bradbury

Court of Appeals for the Ninth Circuit · Aug 13, 2008

BRADBURY standard, nor do they prove that the district court was clearly erroneous in finding that “overall we have a fairly coherent set of results.” … After all, the fact that the same name appeared on both petitions does not establish that both signatures matched the voter registration card.

United States v. Jorge Aguilera-Rios

Court of Appeals for the Ninth Circuit · Sep 29, 2014

The Court therefore held that “to qualify as an aggravated felony, a conviction . . . must necessarily establish” “the presence . . . of certain factors that are not themselves elements of the crime.” Id. … [i]nstead, the burden is on the defendant to show that he qualifies” for misdemeanor treatment under § 841(b)(4). 133 S. Ct. at 1688.

Stanley D. Cochran Dean Anderson v. City of Los Angeles

222 F.3d 1195 · Court of Appeals for the Ninth Circuit · Aug 17, 2000

City of Los Angeles, 147 F.3d 867, 875 (9th Cir.1998) (“Mere threats and harsh words are insufficient [to establish adverse employment action].”); Gini v. Las Vegas Metro. … Appellees did not appeal the denial of qualified immunity and we do not address the objective reasonableness of the employer’s action.

Sierra Club, a California Non-Profit Corporation v. Union Oil Company of California, a California Corporation, Defendants

813 F.2d 1480 · Court of Appeals for the Ninth Circuit · Apr 3, 1987

Implemented provisions must, however, establish requirements at least as stringent as the corresponding listed provisions. … The regulations at 40 C.F.R. §§ 122.41 (j) and (k) establish numerous requirements for self-monitoring and reporting.

Glenda KLEEMAN, Petitioner-Appellant, v. UNITED STATES PAROLE COMMISSION, Respondent-Appellee

125 F.3d 725 · Court of Appeals for the Ninth Circuit · Sep 8, 1997

homicidio [simple].’ ” After Kleemaris transfer hearing, Commission examiners found that they agreed as to the following: (1) Kleemaris offense of conviction in Mexico was most analogous to second degree murder; (2) she qualified … The evidence does not establish beyond a reasonable doubt that Kleeman formed, or could have formed, the intent to kill Scott necessary to establish malice, and the Commission’s findings do not support that conclusion.

389 Orange Street Partners v. Arnold

179 F.3d 656 · Court of Appeals for the Ninth Circuit · Mar 22, 1999

Both Connecticut’s negligence and general tort statutes of limitation had run unless Robinson can establish an exception. … The legal memorandum in opposition says nothing about the cross-claims qualifying as affirmative defenses.

99 Cal. Daily Op. Serv. 3724, 1999 Daily Journal D.A.R. 4767 Muckleshoot Indian Tribe v. U.S. Forest Service Dennis Bshor, Supervisor, Mt. Baker-Snoqualmie National Forest Dan Glickman, U.S. Secretary of Agriculture Bruce Babbitt, U.S. Secretary of the Interior, Weyerhaeuser Co., Defendant-Intervenor-Appellee. Pilchuck Audubon Society Huckleberry Mountain Protection Society v. U.S. Forest Service Dennis Bshor, Supervisor, Mt. Baker-Snoqualmie National Forest Dan Glickman, U.S. Secretary of Agriculture United States of America Bruce Babbit, U.S. Secretary of the Interior, and Weyerhaeuser Co., Defendant-Intervenor-Appellee

177 F.3d 800 · Court of Appeals for the Ninth Circuit · May 19, 1999

The Exchange was finalized on March 12, 1998. 10 The United States has waived sovereign immunity in this case pursuant to 5 U.S.C. § 702 . We have jurisdiction pursuant to 28 U.S.C. § 1291 . … This alternative clearly falls within the range of such reasonable alternatives, and should have been considered.

Jinro America Inc. v. Secure Investments, Inc.

266 F.3d 993 · Court of Appeals for the Ninth Circuit · Dec 5, 2001

App. at 496 ("We are now talking about an attack upon an apparently integrated document which establishes that the instrument is a sham and not what it purports to be at all."). … [I]n order to qualify as "scientific knowledge," an inference or assertion must be derived by the scientific method.

Skokomish Indian Tribe v. E. L. France, Trustee

320 F.2d 205 · Court of Appeals for the Ninth Circuit · Jul 27, 1963

This rule was established in the early case of United States v. … Elmendorf, a well qualified expert in the field of ethnology or cultural anthropology, who did considerable discriminating research among the Skoko-mish Indians. But Dr.

Jones v. Bates

127 F.3d 839 · Court of Appeals for the Ninth Circuit · Oct 7, 1997

The fact that Bates’ campaign committee contributed a minute fraction of the costs of the Eu litigation fails to establish privity. … This finding is not clearly erroneous. See Sorosky v. Burroughs Corp., 826 F.2d 794, 805 (9th Cir.1987).

Drew v. Scribner

252 F. App'x 815 · Court of Appeals for the Ninth Circuit · Oct 30, 2007

The trial court also found Drew had a prior conviction that qualified as a “strike” under CaLPenal Code §§ 667(a) and 667(b)-(i). Drew was sentenced to an aggregate prison term of 51 years. … Thus, the California Court of Appeal’s denial of Drew’s state habeas petition was not contrary to, nor did it involve an unreasonable application of, clearly established federal law as determined by the Supreme Court of the