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United States Ninth Circuit - September 2005 Opinion Summaries

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Description Date Docket #

Bona v. Gonzales

United States Ninth Circuit
Immigration Law
8 C.F.R. section 245.1(c)(8), a regulation that precludes arriving aliens from seeking adjustment of status in removal proceedings, is invalid.
09/30/2005 03-71596

Holgate v. Baldwin

United States Ninth Circuit
Civil Procedure, Sanctions
The award of sanctions, under Federal Rule of Civil Procedure 11, to defendant is affirmed where the district court properly determined that the...
09/30/2005 03-16532

Jackson v. Roe

United States Ninth Circuit
Criminal Law & Procedure, Habeas Corpus
The district court failed to apply the standards regarding staying a mixed habeas petition, enunciated in Rhines v. Weber, 125 S.Ct. 1528 (2005), and...
09/23/2005 02-56210

US v. Dare

United States Ninth Circuit
Criminal Law & Procedure, Sentencing
Defendant's sentence for discharging a firearm is affirmed where the imposition of the sentence through judicial factfinding utilizing a preponderance...
09/23/2005 04-30202

Jiang v. Gonzales

United States Ninth Circuit
Immigration Law
Plaintiff's petition for review is denied where the immigration judge properly determined that he did not meet the eligibility requirements to renew...
09/23/2005 03-71837

Alaska Trojan P'ship v. Gutierrez

United States Ninth Circuit
Administrative Law, Environmental Law
Defendant-Secretary of Commerce erred when it denied plaintiff's application for an Aleutian Islands brown king crab endorsement under the license...
09/22/2005 04-35753

US v. Kortgaard

United States Ninth Circuit
Criminal Law & Procedure, Sentencing
Defendant's sentence for manufacturing marijuana is vacated and remanded for resentencing in light of US v. Booker, 125 S.Ct. 738 (2005).
09/21/2005 03-10421

Glenbrook Homeowners Ass'n v. Tahoe Reg'l Planning Ass'n

United States Ninth Circuit
Government Law, Property Law & Real Estate
In a dispute concerning a proposed pier project, the district court erred in finding that the owners of defendant's parcels, pursuant to various...
09/21/2005 03-17224

Sims v. Brown

United States Ninth Circuit
Criminal Law & Procedure, Sentencing
Death row inmate raises seven meritless points of error on direct appeal.
09/21/2005 03-99007

Burrell v. McIlroy

United States Ninth Circuit
Civil Rights, Criminal Law & Procedure, Injury & Tort Law
Dismissal of plaintiff's suit under 42 U.S.C. section 1983, alleging violations of his Fourth Amendment rights, is affirmed where defendant-police...
09/20/2005 02-15114

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