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   Federal Courts - 9th Circuit Court of Appeals - January 19, 2006

  
Alamaguer-Lozano v. Gonzales, No. 04-73784, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 19, 2006, Filed
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Overview: Where the court could not tell whether alien's contacts with immigration officials were "turn-arounds" rather than administrative voluntary departures--a distinction critical to a finding that there was break in alien's continuous physical presence in U.S.--the court remanded for further proceedings alien's application for cancellation of removal.

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Allen v. Allen, No. 04-35713, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 19, 2006, Filed
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Allen v. Roe, No. 04-16012, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 19, 2006, Filed
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Overview: Appellate court affirmed the denial of 28 U.S.C.S. § 2254 relief; the court found that the state court's decision was not contrary to or did not involve an unreasonable application of clearly established federal law, the allegation that counsel was ineffective lacked merit, and the inmate was not entitled to an evidentiary hearing.

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Ballard v. Patrick, No. 05-35049, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 19, 2006, Filed
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Gurmail Singh v. Gonzales, No. 04-72613, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 19, 2006, Filed
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Nat'l Audubon Soc'y, Inc. v. Wheeler, No. 04-17477, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 19, 2006, Filed
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Ruiz-Sanchez v. Gonzales, No. 04-71676, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 19, 2006, Filed
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Sierra Nev. Forest Prot. Campaign v. United States Forest Serv., No. 05-15921, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 19, 2006, Filed
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Overview: Where activist groups did not provide specific evidence to suggest that nearby projects would have an effect on a wildlife area, a federal agency was not obligated to consider the cumulative impact of those projects; agency properly prepared an environmental assessment under the National Environmental Policy Act of 1969, 42 U.S.C.S. § 4321 et seq.

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Surjit Singh v. Gonzales, No. 04-74879, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 19, 2006, Filed
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Overview: Where IJ failed to address alien's explanation for discrepancies between his testimony and other evidence in the record, IJ could not base an adverse credibility finding on those inconsistencies. Thus, court remanded alien's case to BIA for further consideration of his application for asylum, withholding of removal, and CAT relief.

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United States v. Calon-Espino, No. 04-30415, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 19, 2006, Filed
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