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| Delay v. Gordon, No. 05-36108,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 11, 2007, Filed
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Overview: Fed. R. Civ. P. 60(b)(6) could not properly be applied because beneficiaries asked the district court to nullify the relief granted in the original correct judgment on a breach of contract claim, and to give the beneficiaries a new judgment on a takings theory against a separate defendant that was not bound by the prior judgment.
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| Kendall v. Lynch (In re Lynch), BAP No. NC-06-1223-DBPa,
UNITED STATES BANKRUPTCY APPELLATE PANEL FOR THE NINTH CIRCUIT, January 11, 2007, Filed
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Overview: After matter was converted to a Chapter 7 case, trustee did not need to rely on the implicit valuation of the home determined by the debtors' submissions when the Chapter 13 case was filed. Pursuant to 11 U.S.C.S. § 348, trustee could obtain a new valuation of the home, but the relevant date was the date that the Chapter 13 proceeding was filed.
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| Mendez-Lopez v. Gonzales, No. 04-72149,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 11, 2007, Filed
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Overview: An alien presented various explanations for not filing a motion to reopen an in absentia order of removal within 180 days as required by 8 U.S.C.S. § 1229a(b)(5)(c)(i), but he did not convince the court that he acted with due diligence to excuse his seven-year delay.
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| Ochirvaani v. Gonzales, No. 05-70972, No. 05-75281,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 11, 2007, Filed
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Overview: Substantial evidence supported an IJ's conclusion that a Mongolian citizen and her family had not established past persecution necessary for asylum under 8 U.S.C.S. § 1158 because the interrogation, detentions, and the abuse she experienced related to her status as a former casino worker were not on account of a protected ground.
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| Sablina v. Gonzales, No. 05-71122,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 11, 2007, Filed
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Overview: Substantial evidence did not support denial of asylum based on finding that alien failed to show that harm she experienced was committed by government or forces government was unable or unwilling to control, as alien showed that police were unwilling or unable to control group when it beat her, beat her pastor, and threatened alien over the phone.
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| Segura-Pacheco v. Gonzales, No. 04-72311,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 11, 2007, Filed
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Overview: To establish eligibility for withholding of removal under 8 U.S.C.S. § 1231(b)(3) based on past persecution by private parties that government was unwilling or unable to control, alien was not required to have reported persecution to authorities if he could convincingly show that doing so would have been futile or have subjected him to more abuse.
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| Singh v. Gonzales, No. 04-72744,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 11, 2007, Filed
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Overview: Substantial evidence supported the denial of aliens' application for asylum based upon an adverse credibility determination because an IJ found that the aliens' testimony regarding their final encounter with police was inconsistent and the account of the final incident went to the heart of their asylum claim.
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| Singh v. Gonzales, No. 05-73207,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 11, 2007, Filed
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| Tellez-Munguia v. Gonzales, No. 04-75184,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 11, 2007, Filed
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Overview: BIA properly concluded that alien's second motion to reconsider or reopen immigration proceedings was numerically barred by 8 C.F.R. § 1003.2(b)(2), (c)(2) because the alien had exhausted the numerical limits for both types of motions by previously submitting a motion to reopen or reconsider, which presented new evidence and raised legal arguments.
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