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

  
Hernandez v. Gonzales, No. 04-74468, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 12, 2006, Filed
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Huynh v. Castro, No. 04-55810, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 12, 2006, Filed
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Overview: In a very brief order, without stating its analysis, the court upheld the denial of an inmate's habeas petition; prosecutor's comments allegedly vouching for a witness did not so infect the trial that they denied the inmate due process.

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Jerden v. Amstutz, No. 04-35889, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 12, 2006, Amended
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Overview: District court abused its discretion by striking key portions of a patient's expert's testimony that supported the patient's negligence claim, in response to the neurosurgeon's untimely motion to strike, without providing the patient an opportunity to correct the foundational requirement of knowledge of local medical standards.

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Jerden v. Amstutz, No. 04-35889, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 12, 2006, Decided
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Jin Wu v. Gonzales, No. 04-76744, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 12, 2006, Filed
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Overview: IJ's adverse credibility determination and denial of asylum and withholding of removal was supported by substantial evidence, including the alien's failure to corroborate his claim that he practiced Christianity and the inconsistencies in his testimony regarding who informed him that he was fired after he organized a demonstration.

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Karshe v. Gonzales, No. 04-70696, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 12, 2006, Filed
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Keane v. Artz, No. 05-15220, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 12, 2006, Filed
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Kelava v. Gonzales, No. 03-73689, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 12, 2006, Decided
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Kelava v. Gonzales, No. 03-73689, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 12, 2006, Amended
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Overview: There was no retroactive effect in applying the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 elimination of relief under § 212(c) (former 8 U.S.C.S. § 1182(c)) of the Immigration and Nationality Act to an alien who clearly engaged in terrorist activity, 8 U.S.C.S. § 1182(a)(3)(B)(iii)(II), before IIRIRA's enactment.

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Liang v. Gonzales, No. 03-72961, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 12, 2006, Filed
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