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   Federal Courts - 9th Circuit Court of Appeals - January 10, 2006

  
Beltran v. Lampert, No. 05-35095, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 10, 2006, Filed
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Chavez-Acevedo v. Gonzales, No. 03-74623, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 10, 2006, Filed
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Overview: Petitioner's argument for remand to the BIA to consider repapering relief was rejected; because petitioner failed to demonstrate continuous physical presence and failed to demonstrate extreme hardship to himself or a qualifying relative, petitioner's ineligibility was not solely because of the stop-time rule.

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City & County of San Francisco v. PG&E Corp., No. 03-16976, No. 03-17051, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 10, 2006, Filed
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Overview: State lawsuits for restitution by California government entities under Cal. Bus. & Prof. Code § 17200 for the benefit of the public constituted police or regulatory power actions that could not be removed to bankruptcy court under 28 U.S.C.S. § 1452(a).

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D'Angelo v. Crofts, No. 05-35022, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 10, 2006, Filed
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Overview: Summary judgment in favor of defendants was reversed in part because two students' claims were not time barred and the Eleventh Amendment did not bar their claims against defendants in their individual capacity; therefore, they could proceed against defendants in their individual capacities.

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Fessahaie-Ghebremarian v. Gonzales, No. 03-72738, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 10, 2006, Filed
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Overview: Where an asylum applicant had not suffered past persecution and all of the evidence in the record showed that the ethnic persecution he feared in Ethiopia ended with the end of a war in 2000, the record did not compel a finding that the applicant had objectively reasonable fear of future persecution.

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Hamilton v. Wash. State Plumbing & Pipefitting Indus. Pension Plan, No. 04-35526, No. 04-35828, No. 04-35798, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 10, 2006, Filed
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Overview: Summary judgment for children on their claims for survivor benefits from their deceased father's ERISA plans was erroneous; even if a marital dissolution order was a QDRO, only assignment to former spouse, not to participant's children, could override surviving spouse's right to a qualified preretirement survivor annuity under 29 U.S.C.S. § 1055.

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Hanson v. Mahoney, No. 02-35795, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 10, 2006, Filed
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Overview: Where issuing a certificate of appealability was within the scope of the authority granted to magistrate judges under the Federal Magistrates Act, 28 U.S.C.S. § 636, and where Mont. Code Ann. § 46-21-105 was adequate to bar the inmate's claim and the claim was procedurally defaulted, habeas corpus petition was properly denied.

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Kolob Heating & Cooling v. Ins. Corp., No. 03-17272, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 10, 2006, Filed
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Pacheco v. Gonzales, No. 04-70874, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 10, 2006, Filed
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Overview: As IJ failed to consider a psychologist's report stating that petitioner's intellectual limitations left her vulnerable to dishonest attorney, which may have caused her to be deported, remand was ordered to determine whether she acted with due diligence when she filed her motion to reopen six and a half months after receiving new charging document.

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Smith v. Salish Kootenai College, No. 03-35306, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 10, 2006, Filed
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Overview: Tribal court had jurisdiction over nonmember's civil action brought against a tribal college because the nonmember allowed the action to continue in the tribal court after the parties were realigned and the claims arose out of activities conducted or controlled by a tribal entity on tribal lands.

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