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   Federal Courts - 9th Circuit Court of Appeals - January 13, 2006

  
Jackson v. Crawford, No. 04-17164, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 13, 2006, Filed
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Jin Zhong v. Gonzales, No. 04-71898, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 13, 2006, Filed
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Kahre v. Swiss Casinos of Am., Inc., No. 05-15401, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 13, 2006, Filed
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Kaur v. Gonzales, No. 04-74359, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 13, 2006, Filed
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Overview: Substantial evidence supported IJ's findings that an asylum applicant failed to establish past persecution or a well-founded fear of future persecution; a two-day detention did not reach the level of persecution, and the alien remained in India for one year without incident following her husband's detention.

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Madison v. Tulalip Tribes, No. 03-35464, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 13, 2006, Filed
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Overview: Where a challenged permit to discharge storm water into waters of the United States had expired and a new permit had been issued, and plaintiff's NEPA challenge to the permit relied on an argument that the challenged permit was a regulation, a decision on that issue would not pertain to the new permit and the case was moot.

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Morris v. Giurbino, No. 04-56359, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 13, 2006, Filed
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Overview: A 28 U.S.C.S. § 2254 habeas corpus petition was properly denied because an inmate's Sixth Amendment right to counsel during a line-up was not denied where the inmate did not participate in a line-up, and his due process rights were not denied by the denial of his request for a second line-up because he had no constitutional right to a line-up.

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N. Cal. River Watch v. Humboldt Petroleum, Inc., No. 04-153 81, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 13, 2006, Filed
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Overview: Environmental group's action against petroleum company alleging claims under Cal. Bus. & Prof. Code § 17200 et seq. and under Resource Conservation and Recovery Act, 42 U.S.C.S. § 6901 et seq., was barred by res judicata based on preclusive effect of consent judgment that settled action filed by county district attorney against petroleum company.

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Qwest Corp. v. City of Surprise, No. 04-16940, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 13, 2006, Filed
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Overview: Telecommunications service provider's challenge to Arizona cities' licensing and franchise ordinances was rendered moot by amendments that brought the ordinances in line with Ariz. Rev. Stat. § 9-582(E). Under Tax Injunction Act, 28 U.S.C.S. § 1341, court lacked jurisdiction to consider the provider's challenge to charges that constituted taxes.

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Richard v. Cal. Dep't of Corr., No. 03-15801, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 13, 2006, Filed
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Rodriguez Ortiz v. Gonzales, No. 04-74518, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 13, 2006, Filed
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