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Court of Appeals for the Ninth Circuit Court Cases
Toufighi v. Mukasey (2008)
1. At slip op. 16387, footnote 14, 510 F.3d at 1066-67, replace the sentences that begin and end with Cf. Najafi v. INS, 104 F.3d 943, 949 (7th Cir. 1997) (noting that evidence regarding the "sincerity of the alien's new religious commitment" can be relevant to an asylum claim based on apostasy, but is not dispositive).>.
Court: Court of Appeals for the Ninth Circuit Docket: 04-74010
With the filing of the amended opinion, the panel has voted unanimously to deny both petitions for rehearing. Judge Fisher voted to deny the appellant's petition for rehearing en banc, and Judges Goodwin and Canby recommended denial.
Court: Court of Appeals for the Ninth Circuit Docket: 09-50018
Petitioner Melencio Legui Lim petitions from the dismissal by the Board of Immigration Appeals ("BIA") of his appeal from an immigration judge's ("IJ") denial of asylum and denial of withholding of deportation. We hold that the BIA erred in denying asylum eligibility, but we affirm the BIA's denial of withholding of deportation.
Court: Court of Appeals for the Ninth Circuit Docket: 98-70683
Epifanio Sanchez-Lopez, Brijido Astorga-Ayon, Antonio Martinez-Ortega, and Guillermo Sanchez-Lopez (appellants) appeal from the district court's judgment of conviction for conspiracy to distribute cocaine under 21 U.S.C. Secs. 841(a)(1) and (b)(1)(B), 846; conspiracy to distribute heroin under 21 U.S.C. Secs. 841(a)(1) and (b)(1)(B), 846; possession of cocaine with intent to distribute under 21 U.S.C. Sec. 841(a)(1) and (b)(1)(B); possession of heroin with intent to distribute under 21 [...]
Court: Court of Appeals for the Ninth Circuit Docket: 88-3102
Newton Cantrell ("N.Cantrell"), Angela Walker ("A.Walker"), Theresa Walker ("T.Walker"), Jack Coversup ("Coversup"), and Jeanine Renz ("Renz") challenge the sentences they received as a result of their jury convictions for conspiracy to distribute methamphetamine in violation of 21 U.S.C. §§ 841(a)(1) and 846, and other related charges. N. Cantrell argues that his sentence is unconstitutional in light of the Supreme Court's decision in United States v. Booker, 543 U.S. 220, 125 [...]
Court: Court of Appeals for the Ninth Circuit Docket: 03-30563
William Michael Jones appeals a summary judgment in favor of United Transportation Union (the "Union") and the Union Pacific Railroad Company (the "Company"). The district court rejected Jones' claims of breach of the duty of fair representation against the Union, breach of contract against the Company, and equitable estoppel against both. We affirm in part, reverse in part, and remand.
Court: Court of Appeals for the Ninth Circuit Docket: 91-35075
California state prisoner Lee Max Barnett, a death row inmate, appeals pro se the district court's summary judgment in favor of corrections officials in Barnett's 42 U.S.C. Sec. 1983 action. We have jurisdiction under 28 U.S.C. Sec. 1291. We affirm in part, reverse in part, and remand for further proceedings.
Court: Court of Appeals for the Ninth Circuit Docket: 93-16930
Chebchoub petitions for review of a decision by the Board of Immigration Appeals (Board) denying him relief from deportation. Chebchoub asserts persecution on the basis of political opinion and imputed political opinion. The Board exercised jurisdiction pursuant to 8 C.F.R. §§ 3.1(b) and concluded that Chebchoub failed to meet his burden of establishing eligibility for asylum or withholding of deportation because he was not credible and provided no corroborating evidence. [...]
Court: Court of Appeals for the Ninth Circuit Docket: 99-70564
Norris appeals the dismissal, without an evidentiary hearing, of his habeas corpus petition. After a jury trial in a Montana court Norris was convicted of one count of aggravated kidnapping and two counts of sexual intercourse without consent. On appeal the Montana Supreme Court affirmed the conviction. He is presently serving a ninety-year sentence. The parties agree that Norris has met the exhaustion requirement with respect to the claim raised in this petition.
Court: Court of Appeals for the Ninth Circuit Docket: 87-4280
Anita Arriola, Sidney M. Wolinsky, Constance M. Jones, Sarah Flanagan, Mark A. Chavez, Bernard Zimmerman, Pillsbury, Madison & Sutro, San Francisco, Cal., Donald Spector, San Quentin, Cal., Antonia Hernandez, Mexican-American Legal Defense & Educ. Fund, James C. Sturdevant, Sturdevant & Elion, San Francisco, Cal., Ellen Sue Goldblatt, Oakland, Cal., Julius Chambers, Deborah Fins, New York City, Barbara Y. Phillips, Mark S. Zemelman, Sanford Jay Rosen, San Francisco, Cal., for [...]
Court: Court of Appeals for the Ninth Circuit Docket: 85-1878
Robert Wilcox, pro se, appeals the tax court's grant of the Commissioner's motion to dismiss his petition for redetermination for failure to state specific grounds of error in the Commissioner's calculation of Wilcox's tax deficiency. We affirm the tax court's decision and impose the sanctions requested by the Commissioner.
Court: Court of Appeals for the Ninth Circuit Docket: 87-7312
This is an appeal from a sentence imposed under the Sentencing Reform Act of 1984 and the sentencing guidelines issued pursuant to 28 U.S.C. Sec. 994 (Supp. V 1987). We are asked to determine whether the district court erred by refusing to depart downward from the applicable guideline range. We conclude that the district court's discretionary refusal to depart downward from the sentencing guidelines is not subject to review on appeal. Accordingly, we dismiss this appeal.
Court: Court of Appeals for the Ninth Circuit Docket: 89-10168
Petitioner1 Maricela Fernandez came to the United States without inspection in 1985. She has two American citizen daughters, Stacey, age 15, and Amy, age 12. The record indicates that Fernandez's husband, whom she married in Mexico in 1974, is a lawful permanent resident. At her removal hearing in 1998, Fernandez applied for cancellation of removal based on her qualifying relative children. The immigration judge (IJ) denied the application after determining that Fernandez had not shown [...]
Court: Court of Appeals for the Ninth Circuit Docket: 02-72733
M. Jocelyn Lopez Wright, Andrew C. MacLachlan, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, DC, for the respondent.
Court: Court of Appeals for the Ninth Circuit Docket: 02-71545
United States v. Nevils (2010)
Before: ALEX KOZINSKI, Chief Judge, PAMELA ANN RYMER, SIDNEY R. THOMAS, BARRY G. SILVERMAN, RAYMOND C. FISHER, RONALD M. GOULD, RICHARD C. TALLMAN, JOHNNIE B. RAWLINSON, RICHARD R. CLIFTON, MILAN D. SMITH, JR. and SANDRA S. IKUTA, Circuit Judges.
Court: Court of Appeals for the Ninth Circuit Docket: 06-50485
Hector Francisco Molina appeals his conviction and sentence after a jury trial on one count of possession with intent to distribute cocaine in violation of 21 U.S.C. Sec. 841(a)(1). Following a guilty verdict, the district court denied Molina's motion for a new trial and entered judgment. The appellant was sentenced to a term of 200 months, followed by five years of supervised release. Molina argues that certain comments made by the prosecutor in closing argument constitute reversible [...]
Court: Court of Appeals for the Ninth Circuit Docket: 90-50129
A fellow prisoner stabbed Emehiser and Leer (inmates) at the Idaho State Correctional Institution (prison). The inmates brought suits in federal district court under 42 U.S.C. Sec. 1983, seeking damages from various state employees in the Idaho Department of Corrections (prison officials) in their official and individual capacities. The inmates alleged that the prison officials' failure in certain aspects of prison administration caused the fellow inmate to stab them and thereby [...]
Court: Court of Appeals for the Ninth Circuit Docket: 87-3501
Maria Martinez-Rosas, a native and citizen of Mexico, appeals the district court's order dismissing her 28 U.S.C. § 2241 habeas corpus petition, which challenged the order of removal entered by an immigration judge ("IJ") and affirmed by the Board of Immigration Appeals ("BIA"). We treat Martinez-Rosas' appeal as a petition for review pursuant to section 106(a) of the REAL ID Act of 2005, Pub.L. No. 109-13, Div. B., 119 Stat. 231 (2005), and dismiss in part and deny in part.
Court: Court of Appeals for the Ninth Circuit Docket: 04-36150
William C. Collins, Asst. Atty. Gen., Olympia, Wash., Charles Ory, Asst. U.S. Atty., Spokane, Wash., argued for defendants-appellants; Carol A. Smith, Asst. Atty. Gen., Olympia, Wash., on brief.
Court: Court of Appeals for the Ninth Circuit Docket: 80-3366
Lorna A. Olsen brought this action against the Idaho State Board of Medicine ("Board"), the Idaho State Board of Professional Discipline ("BOPD"), the individual members and counsel of the Board and BOPD, and the Executive Director of the Board (collectively "appellees"), alleging both state law and federal statutory and constitutional violations. Specifically, Olsen alleges that beginning in 1996, appellees engaged in a protracted administrative process motivated by religious [...]
Court: Court of Appeals for the Ninth Circuit Docket: 02-35796