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   Federal Courts - 9th Circuit Court of Appeals - January 12, 2006

  
Del Raine v. S.I.A. Femme, No. 03-57045, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 12, 2006, Filed
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Doe v. Rumsfeld, No. 05-15680, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 12, 2006, Filed
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Overview: "Stop-loss" order extending enlistment of soldier in U.S. Army Reserve National Guard was a valid exercise of Presidential power; 10 U.S.C.S. § 12305(a) comported with due process under U.S. Const. amend. V and was a proper delegation of Congressional power. Order did not conflict with 10 U.S.C.S. §§ 12103, 12407(a) or 32 U.S.C.S. §§ 302, 303.

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Dyer v. United States, No. 05-35110, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 12, 2006, Filed
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Escareno-Carillo v. Gonzales, No. 03-72729, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 12, 2006, Filed
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Overview: BIA did not abuse its discretion by denying a motion to reopen removal proceedings conducted in absentia; alien did not explain why he waited over four years to file affidavit that supported his argument that service of a hearing notice was improper, and a notice sent to his last known address was reasonably calculated to reach alien.

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Flores Arroyo v. Gonzales, No. 04-75219, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 12, 2006, Filed
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Gali v. Gonzales, No. 04-73672, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 12, 2006, Filed
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Garcia v. Gonzales, No. 04-76570, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 12, 2006, Filed
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Ghumanshyan v. Gonzales, No. 04-75049, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 12, 2006, Filed
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Overview: Where an IJ gave specific, cogent reasons for finding that an asylum applicant was not credible, and despite the fact that his sister was nearby, the alien failed to provide documents corroborating his alleged experiences, the record did not compel a finding that, contrary to the IJ's findings, the alien was credible.

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Hansen v. Permanente Med. Group, Inc., No. 05-15412, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 12, 2006, Filed
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Hashemian v. Gonzales, No. 04-73697, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 12, 2006, Filed
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Overview: Where an alien seeking withholding of removal and CAT relief submitted a false birth certificate and her testimony was inconsistent with a court summons she submitted, the record did not compel a finding that, contrary to the findings of the BIA and IJ, the alien was credible.

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