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| Agarwal v. Pomona Valley Med. Group, Inc. (In re Pomona Valley Med. Group, Inc.), No. 04-56334,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 17, 2007, Filed
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Overview: A bankruptcy court properly upheld an independent medical practice association's rejection of an executory contract with a physician under 11 U.S.C.S. § 365(a) as it justified its business decision, explaining, inter alia, that its Chapter 11 reorganization strategy included efforts to reduce costs, and it did not act in bad faith or on a whim.
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| Azene v. Gonzales, No. 05-77425,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 17, 2007, Filed
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Overview: Substantial evidence supported rejecting a claim that an Ethiopian asylum applicant had a fear of future persecution both on account of his Amhara ethnicity and his political opinion opposing the current Ethiopian government. Therefore, his petition for review of the denial of his asylum application, 8 U.S.C.S. § 1158, was denied.
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| Chaforost v. Gonzales, No. 05-70895,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 17, 2007, Filed
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Overview: Substantial evidence did not support the denial of an alien's asylum claim based on an IJ's finding that the alien did not suffer past persecution because the evidence compelled a conclusion that the alien suffered past persecution based on the cumulative effect of discrimination and anti-Semitic violence and threats that the alien experienced.
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| Chauham v. Gonzales, No. 05-77000,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 17, 2007, Filed
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Overview: Substantial evidence supported denial of alien's application for asylum because unfulfilled threats that the alien received from his ex-girlfriend's family did not rise to the level of persecution. Because the alien did not establish eligibility for asylum, it followed that he did not satisfy the more stringent standard for withholding of removal.
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| Constr. Laborers Trust Funds for S. Cal. Admin. Co. v. Martinez Landscape Co., No. 04-56749,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 17, 2007, Filed
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Overview: Because the district court overlooked trust funds' request pursuant to Fed. R. Civ. P. 56(f) for a continuance to conduct discovery, the trust funds were denied any discovery at all, without consideration of whether the discovery sought was appropriate or could have raised a triable issue of fact; therefore, summary judgment was premature.
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| Cruz v. Gonzales, No. 05-74962,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 17, 2007, Filed
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| Cuenca v. Gonzales, Nos. 04-74827, 05-76319,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 17, 2007, Filed
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Overview: The court lacked jurisdiction to review an IJ's discretionary determination that an alien and his wife lacked the requisite good moral character for cancellation of removal because a good moral character determination was reviewable only when it was based on one of the statutory exclusions set forth in 8 U.S.C.S. § 1101(f).
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| Dahmah v. Gonzales, No. 05-70208,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 17, 2007, Filed
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Overview: Substantial evidence supported a determination that the mistreatment an alien suffered, including his business being destroyed by fire and his father being beaten by police, was not on account of a protected ground despite his contention that the mistreatment was due to his religious beliefs; thus, he was not eligible for asylum, 8 U.S.C.S. § 1158.
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| Dilbar v. Gonzales, No. 05-70523,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 17, 2007, Filed
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