Court of Appeals for the Ninth Circuit Court Cases

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  1. 50 soc. sec. rep. ser. 500 v. Shirley S. Chater (1996)

    Catherine Smolen appeals the decision of the district court affirming the denial by the Commissioner of Health and Human Services ("Commissioner") of her application for disabled child's benefits pursuant to Title II of the Social Security Act, 42 U.S.C. §§ 416, 423 (1988 & Supp. III 1991).


    Court: Court of Appeals for the Ninth Circuit Docket: 94-35056
  2. Mary Sanders Lee v. City of Los Angeles A. Haddock (2001)

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    Court: Court of Appeals for the Ninth Circuit Docket: 98-55807
  3. 98 Cal. Daily Op. Serv. 6618 v. Tom Harrington (1998)

    Barren appeals the district court's order sua sponte dismissing the third amended complaint of his § 1983 action filed in forma pauperis against various members of the Nevada state law enforcement community. We have jurisdiction pursuant to 28 U.S.C. § 1291.


    Court: Court of Appeals for the Ninth Circuit Docket: 98-15277
  4. United States v. Watson (2009)

    Joseph P. Russoniello, United States Attorney, Barbara J. Valliere, William Frentzen, and Erika R. Frick (argued), Assistant United States Attorneys, San Francisco, CA, for the plaintiff-appellee.


    Court: Court of Appeals for the Ninth Circuit Docket: 08-10385
  5. Gil Ilano Colmenar v. Immigration and Naturalization Service (2000)

    Gil Ilano Colmenar petitions for review of the Board of Immigration Appeals' ("BIA") denial of his application for asylum and withholding of deportation. Colmenar argues that the BIA's decision is not supported by substantial evidence and that he was denied a full and fair hearing before the Immigration Judge ("IJ"). We agree that the IJ denied Colmenar a full and fair hearing and that this prejudiced Colmenar's ability to present evidence in support of his asylum claim. Accordingly, we [...]

    Court: Court of Appeals for the Ninth Circuit Docket: 98-70422
  6. 26 soc. sec. rep. ser. 530 v. Otis R. Bowen (1989)

    Mary Magallanes appeals from the district court's judgment affirming the determination by the Secretary of Health and Human Services (Secretary) of the onset date of her disability. Magallanes argues that the Secretary's decision awarding her disability benefits but rejecting her claim of an earlier onset date was not supported by substantial evidence. She contends that the administrative law judge (ALJ) improperly disregarded the opinion of her treating physicians, improperly relied on [...]

    Court: Court of Appeals for the Ninth Circuit Docket: 88-2593
  7. 15 Fair empl. prac. cas. 279 v. United States District Court (1977)

    Bauman and Espinola, plaintiffs in a sex-discrimination-in-employment suit brought against Union Oil Company under Title VII of the 1964 Civil Rights Act, 42 U.S.C. §§ 2000e et seq., moved the district court to certify their action as a class action pursuant to Rule 23(b)(2), Fed.R.Civ.P. Pursuant to Rule 23(c) (1) and (d)(2), the court conditionally certified the class, ordered the plaintiffs to "give individual notice to all class members identifiable through reasonable [...]

    Court: Court of Appeals for the Ninth Circuit Docket: 76-2156
  8. Neama El Sayed Ramadan Gaser Hesham El Gendy v. Alberto R. Gonzales (2007)

    Lucas Guttentag, Jennifer Chang, Oakland, CA; Lee Gelernt (argued), Omar C. Jadwat, New York, NY; Mary Kenney, Washington, D.C., for amici curiae American Civil Liberties Union Foundation Immigrants' Rights Project and American Immigration Law Foundation.


    Court: Court of Appeals for the Ninth Circuit Docket: 03-74351
  9. United States v. Jose Jesus Lira-Barraza (1991)

    Jose Jesus Lira-Barraza appeals a sentence of 36 months and a special assessment of $50 imposed under the Sentencing Reform Act of 1984, 18 U.S.C. §§ 3351, et seq. (1988) ("the Act"), on his plea of guilty to illegal transportation of aliens in violation of 8 U.S.C. § 1324.1 The district court departed from the 0 to 6 months range recommended by the United States Sentencing Guidelines ["U.S.S.G." or "Guidelines"] because Lira-Barraza, in an attempt to evade apprehension, [...]

    Court: Court of Appeals for the Ninth Circuit Docket: 88-5161
  10. Genaro Hermino Rodriguez-Rivera v. U.S. Department of Immigration (1988)

    Rodriguez-Rivera petitions for review of a final order of the Board of Immigration Appeals (BIA) denying his request for asylum and withholding of deportation. We have jurisdiction pursuant to 8 U.S.C. Sec. 1105a. We affirm the BIA's decision and deny the petition for review.


    Court: Court of Appeals for the Ninth Circuit Docket: 87-7140
  11. Shpetim Hoxha v. John Ashcroft, Attorney General (2003)

    Norah Ascoli Schwarz, Michele Y.F. Sarko, United States Department of Justice, Civil Division, Office of Immigration Litigation, Washington, DC, for the respondent.


    Court: Court of Appeals for the Ninth Circuit Docket: 01-71636
  12. Juan Cesar Vargas v. U.S. Department of Immigration (1987)

    This appeal raises two issues for our determination: (1) whether appellant, Juan Cesar Vargas, (Vargas) must first exhaust his administrative remedies before raising a due process claim in this court when that claim concerns procedural errors correctable by the Board of Immigration Appeals (BIA); and (2) whether the BIA abused its discretion when it denied Vargas' request for a waiver of deportation.


    Court: Court of Appeals for the Ninth Circuit Docket: 86-7652
  13. David D. Darring v. Larry Kincheloe (1986)

    David Darring ("Darring"), a former prisoner and "jailhouse" lawyer at the Washington State Penitentiary in Walla Walla, Washington, appeals the district court's dismissal of his pro se, section 1983 action requesting injunctive relief and damages against the state prison superintendent. The district court granted the superintendent's motion for summary judgment, finding that Darring's request was moot because he had been transferred from the penitentiary at Walla Walla to another [...]

    Court: Court of Appeals for the Ninth Circuit Docket: 84-4228
  14. In the Matter of the Complaint of William McLinn as Owner of the F/v Fjord v. The F/v Fjord Etc. (1984)

    This is an admiralty case in which a key issue is an interpretation of state law. We took this case en banc, at the request of the three-judge panel that initially heard this case, to decide whether we should accord special deference to a district judge's interpretation of state law or whether we should review such determinations under the independent de novo standard that we apply to a district judge's interpretation of federal law.


    Court: Court of Appeals for the Ninth Circuit Docket: 82-3644
  15. Mario Ernesto Navas v. Immigration (2000)

    Mario Ernesto Navas seeks review of the BIA's decision denying both asylum and withholding of deportation. Navas fled El Salvador at age 17 after members of the Salvadoran military murdered his aunt, shot at him, threatened him with death, and assaulted his mother. Previously, in 1988, Navas's uncle, a member of the Frente Farabundo Marti para la LiberacionNacional (FMLN), a guerilla group opposed to the government, was murdered because of his membership in that group. The IJ and, in [...]

    Court: Court of Appeals for the Ninth Circuit Docket: 98-70363
  16. Oscar Socop-Gonzalez v. Immigration (2001)

    David W. Odgen, Assistant Attorney General, Civil Division, Washington, D.C. (argued), and Hugh G. Mullane, Senior Litigation Counsel, Civil Division, Washington, D.C. (brief), for the respondent.


    Court: Court of Appeals for the Ninth Circuit Docket: 98-70782
  17. Gary E. Wallis v. J.R. Simplot Company (1994)

    Gary and Carol Wallis appeal the district court's grant of summary judgment dismissing Wallis' claims for retaliatory discharge under Title VII of the Civil Rights Act of 1964 (Title VII), 42 U.S.C. Sec. 2000e, et seq., age discrimination under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. Sec. 621, et seq., and various state law claims.1 We affirm.


    Court: Court of Appeals for the Ninth Circuit Docket: 92-36759
  18. Parussimova v. Mukasey (2009)

    Saad Ahmad, Esq., Saad Ahmad & Associates, Fremont, CA, argued the cause for the petitioner and filed a brief; Robert L. Volz, Esq., Saad Ahmad & Associates, Fremont, CA, was on the brief.


    Court: Court of Appeals for the Ninth Circuit Docket: 06-75217
  19. United States v. Leo Bishop (1992)

    With this case, we are called upon to examine the boundaries of the Supreme Court's decision in Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). Appellant Leo Bishop alleges that the prosecutor in his criminal trial unconstitutionally exercised a peremptory challenge to exclude a prospective black juror on the basis of her race. The prosecutor explained the challenge as based in part on the fact the black juror lived in a predominantly low-income, black [...]

    Court: Court of Appeals for the Ninth Circuit Docket: 89-50560
  20. Chun He Li v. John Ashcroft, Attorney General (2004)

    Chun He Li, a native of the Peoples Republic of China, petitions for review of the Board of Immigration Appeals' final order affirming an Immigration Judge's decision to deny his request for asylum and withholding of removal. Li alleges persecution by the Chinese Government. He asserts that he and his wife were arrested and fined, and that his wife was forcibly sterilized, pursuant to the PRC's one-child policy. Our review ends if there is evidence to support the IJ's adverse credibility [...]

    Court: Court of Appeals for the Ninth Circuit Docket: 02-72689

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