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| Arco Envtl. Remediation, L.L.C. v. RDM Multi-Enterprises, No. 04-35921,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 23, 2006, Filed
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Overview: Where trial court gave appellants multiple opportunities to retain new counsel after their first attorney withdrew, the district court did not abuse its discretion by granting a default judgment against appellants for failing to obtain new counsel, file an answer to the amended complaint, and respond to appellee's motion for default and dismissal.
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| Coronel-Ortiz v. Gonzales, No. 03-70187,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 23, 2006, Filed
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| Faber v. Parent, No. 05-15665,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 23, 2006, Filed
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Overview: Where corporate board offered only speculation on key element of its claim that stockholders violated 15 U.S.C.S. § 78n(a), and trial court made no findings supporting its holding that board demonstrated "serious questions" going to merits of its claim, trial court failed to comply with Fed. R. Civ. P. 52 before issuing preliminary injunction.
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| Givens v. L.A. County Superior Court, No. 05-56267,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 23, 2006, Filed
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| Kumar v. Gonzales, No. 03-70191, No. 03-73449,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 23, 2006, Filed
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Overview: Where an alien had demonstrated both past persecution on account of an imputed political opinion and a well-grounded fear of future persecution, the appellate court found the alien statutorily eligible for asylum. The court remanded for an exercise of discretion on his asylum claim and for further consideration of his withholding of removal claim.
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| Nat'l Treasury Emples. Union v. FLRA, No. 04-72237,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 23, 2006, Filed
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Overview: Federal Labor Relations Authority correctly held that 12 U.S.C.S. §§ 481 and 482 gave the Comptroller of the Currency sole and exclusive discretion to set the compensation for employees of the Office of the Comptroller of the Currency and thus had no duty to bargain concerning proposed pay rates. Sections 481 and 482 were unambiguous.
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| Penuliar v. Gonzales, No. 03-71578,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 23, 2006, Amended
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Overview: BIA erred in affirming IJ's decision that found Philippine citizen removable as aggravated felon under 8 U.S.C.S. § 1227(a)(2)(A)(iii); evading officer, Cal. Veh. Code § 2800.2(a), and unlawful taking of vehicle, Cal. Veh. Code § 10851(a), were not, respectively, a "crime of violence" or a "theft offense" under 8 U.S.C.S. § 1101(a)(43)(F), (G).
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| Penuliar v. Gonzales, No. 03-71578,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 23, 2006, Decided
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| Quezada-Daza v. United States, No. 04-35221,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 23, 2006, Filed
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Overview: Denial of defendant's motion for relief under 28 U.S.C.S. § 2255 was affirmed where there was no reasonable probability that, but for counsel's below-par performance, the result would have been different because record (1) established that conspiracy involved both marijuana and methamphetamine and (2) showed exact weight of each type of drug found.
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