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| Gonzalez v. Gonzales, No. 04-76675,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 17, 2006, Filed
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Overview: Substantial evidence supported denial of asylum based on finding that alien did not establish well-founded fear of future persecution because State Department reports showed that guerillas in Guatemala had disbanded since implementation of 1996 Peace Accords and umbrella guerilla alliance had dissolved to devote itself to legal political activity.
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| Gutierrez-Gonzales v. Gonzales, No. 04-74315,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 17, 2006, Filed
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| Jaswal v. Gonzales, No. 04-73223,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 17, 2006, Filed
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| Landeros v. Gonzales, No. 04-72652,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 17, 2006, Filed
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Overview: In his application for cancellation of removal, an alien affirmatively stated that he had previously departed the U.S. pursuant to a grant of voluntary departure. His voluntary departure broke his period of continuous residence and rendered him ineligible for cancellation of removal. Thus, IJ properly denied his cancellation of removal application.
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| Mariano v. Everett Hous. Auth., No. 04-36124,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 17, 2006, Filed
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Overview: In a § 1983 action alleging plaintiff was wrongfully terminated from his participation in a work program sponsored by defendant housing authority, the district court properly granted summary judgment in favor of the housing authority because plaintiff's § 1983 claim was barred by the three-year statute of limitations under Washington law.
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| Markham v. United States, No. 04-15616,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 17, 2006, Filed
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Overview: A due process claim against the United States Department of Labor under the Federal Employees' Compensation Act was dismissed for lack of subject matter jurisdiction under 5 U.S.C.S. § 8128(b); there was no constitutional claim based on a threat to deny benefits based on a failure to comply or by a disagreement with agency policy.
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| O'Connor v. Comm'r, No. 05-70536,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 17, 2006, Filed
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| Ozenne v. Bendon (In re Ozenne), BAP No. CC-04-1456-BMoH,
UNITED STATES BANKRUPTCY APPELLATE PANEL FOR THE NINTH CIRCUIT, January 17, 2006, Filed
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Overview: Where a landlord sold property from a bankruptcy debtor's mini-storage unit for unpaid rent, despite knowledge of the debtor's bankruptcy, the landlord's violation of the automatic stay was willful for purposes of damages under 11 U.S.C.S. § 362 regardless of the landlord's good faith belief that the debtor no longer owned the property.
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| Petrosian v. Gonzales, No. 04-71006,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 17, 2006, Filed
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