United States Ninth Circuit - Opinion Summaries

NEVAREZ-MARTINEZ v. IMMIGRATION & NATURALIZATION SERV.

Criminal Law & Procedure, Immigration Law
Convictions under an Arizona statute did not amount to a "theft offense" under 8 U.S.C. section 1101(a)(43)(G), where portions of the statute do not...

HARIK v. CALIFORNIA TEACHERS' ASS'N

Labor & Employment Law
In providing financial information to non-members in order to support the amount of an agency fee, a union must provide a statement of its chargeable...

SAXMAN v. EDUC. CREDIT MGMT. CORP.

Bankruptcy Law, Education Law
Bankruptcy courts may partially discharge an educational loan pursuant to their equitable authority under 11 U.S.C. section 105(a).

KASZA v. WHITMAN

Attorney's Fees, Civil Procedure, Environmental Law
Appellant was not a "prevailing party" under the fee-shifting provision of the Resource Conservation and Recovery Act, 42 U.S.C. section 6972(e), and...

MANJIYANI v. IMMIGRATION & NATURALIZATION SERV.

Immigration Law
Notice of a deportation hearing was sufficient where it was sent to petitioner's last known address, as petitioner's filing of forms relating to...

N. PLAINS RES. COUNCIL v. FID. EXPLORATION & DEV. CO.

Environmental Law, Oil and Gas Law, Water Law
Unaltered groundwater produced in association with methane gas extraction, and discharged into a river, is a pollutant under the Clean Water Act...

US v. FERNANDEZ-CASTILLO

Criminal Law & Procedure, Evidence
A police officer had reasonable suspicion that a driver was impaired to justify an investigatory traffic stop of the vehicle under the totality of the...

HOBLER v. BRUEHER

Civil Rights, Constitutional Law, Elections, Labor & Employment Law
An elected county prosecutor need not have retained the at-will confidential secretaries hired by the predecessor he defeated (who supported the...

NAVAJO NATION v. DEP'T OF HEALTH & HUMAN SERVS.

Government Benefits, Indian Law
The Temporary Assistance for Needy Families welfare grant program is not a contractible program under the self-determination provisions of the Indian...

ELINGS v. COMM'R OF INTERNAL REVENUE

Tax Law
When the IRS fails to include the last date to petition the tax court for a redetermination on its notice of deficiency, but the taxpayer suffers no...