United States Ninth Circuit - October 2005 Opinion Summaries

Altamirano v. Gonzales

Immigration Law
An individual's mere presence in a vehicle at the port of entry does not constitute alien smuggling under section 212(a)(6)(E)(i) of the Immigration...

In re: Pluma

Bankruptcy Law, Tax Law

US v. Collins

Criminal Law & Procedure
The district court properly concluded that defendant's arrest violated the Fourth Amendment where federal agents did not have probable cause to...

US v. Ortiz-Hernandez

Criminal Law and Procedure, Evidence

US v. Lafromboise

Criminal Law & Procedure, Habeas Corpus
Denial of plaintiff's motion for habeas relief as untimely is vacated where the district court's judgment in the underlying criminal proceedings is...

Beck v. Pace Int'l Union

Bankruptcy Law, ERISA, Labor & Employment Law, M&A
Merger into a multiemployer plan is a permissible means of terminating a pension plan under ERISA.

US v. Vidal

Criminal Law & Procedure, Sentencing
Defendant's sentence for being a deported alien found in the United States is affirmed over his claim that his conviction for the unlawful taking of a...

Louisiana-Pacific Corp. v. Lester Building

Civil Procedure, Construction, Contracts, Remedies
In a suit for breach of a construction contract, the district court's order, enjoining a Minnesota court from entering judgment in favor of defendant...

US v. Heredia

Criminal Law & Procedure
Defendant's conviction for knowingly possessing contraband is reversed where the district court improperly instructed the jury that the "knowingly"...

Sotelo v. Gonzales

Class Actions, Immigration Law
The Board of Immigration Appeals' denial of plaintiffs' motion to reopen deportation proceedings is affirmed over their claim that they were entitled...