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| J&G Sales, Ltd. v. Truscott, No. 04-16976,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 16, 2007, Filed
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Overview: District court erred in finding that BATF lacked authority under 18 U.S.C.S. § 923(g)(5)(A) to issue demand letter requiring licensed firearm dealer to submit portions of records related to secondhand firearms transactions; district court properly ruled that method for targeting particular dealers to receive letter was not arbitrary and capricious.
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| Jenner v. Neilson (In re Slatkin), No. 05-56436,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 16, 2007, Filed
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Overview: Summary judgment for Chapter 11 trustee was proper in action to recover fraudulent transfers made by debtor during course of Ponzi scheme; under Cal. Civ. Code § 3439.04(a), trustee had standing to avoid transfers, and action was timely under Cal. Civ. Code § 3439.09(a), (c) and 11 U.S.C.S. § 546(a). Debtor's plea agreement established intent.
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| Kaur v. Gonzales, No. 04-74950,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 16, 2007, Filed
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Overview: Substantial evidence supported the denial of an alien's application for asylum and withholding of removal based upon an IJ's adverse credibility determination because the alien testified inconsistently to the event central to her claim and the IJ properly concluded that the alien failed to provide corroboration to support her claim.
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| Knaryan v. Gonzales, No. 05-71463,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 16, 2007, Filed
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Overview: The court denied aliens' petition for review in which aliens challenged the denial of their asylum claim because substantial evidence supported IJ's finding that aliens failed to establish past persecution or well-founded fear of future persecution. Because the aliens were not eligible for asylum, they were not eligible for withholding of removal.
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| Kumar v. Gonzales, No. 05-71143,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 16, 2007, Filed
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Overview: Substantial evidence did not support finding that ethnic Fijians' attacks on alien lacked nexus to protected ground when alien credibly testified that attackers made statements about his race during attacks. Because alien showed past persecution, he was entitled to presumption of future persecution under 8 C.F.R. § 1208.16(b)(1)(i) on asylum claim.
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| Leon-Tomas v. Gonzales, No. 04-72175,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 16, 2007, Filed
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| Macavilca-Parco v. Gonzales, No. 05-75400,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 16, 2007, Filed
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| Mann v. Gonzales, No. 05-73450,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 16, 2007, Filed
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Overview: When alien's credible fear interview was conducted under oath, with interpreter, and was recorded in question and answer format, interview statement was reliable impeachment source. As inconsistencies between interview and hearing testimony regarding arrests went to heart of asylum claim, substantial evidence supported adverse credibility finding.
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| McGee v. Knowles, No. 05-17301,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 16, 2007, Filed
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