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| Af-Cap Inc. v. Chevron Overseas (Congo) Ltd., No. 04-16387, No. 04-16388, No. 04-16788,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 25, 2007, Filed
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Overview: An order dissolving and vacating garnishments and liens that a judgment creditor filed against the property of a judgment debtor, a sovereign country, and dismissing the creditor's writ of execution was proper under the Foreign Sovereign Immunity Act, 28 U.S.C.S. § 1610(a), because the obligations were not used for commercial activity in the U.S.
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| Birk v. Gonzales, No. 03-74099, No. 05-76471,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 25, 2007, Filed
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Overview: Court upheld the denial of petitioner one's claim for asylum and withholding of removal because the harm that petitioner one testified to having suffered after the 1987 coup in Fiji did not compel a finding of past persecution; the record also did not compel a finding that petitioner one had a well-founded fear of future persecution in Fiji.
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| Hicks v. Carey, No. 06-15572,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 25, 2007, Filed
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Overview: Petitioner was not entitled to relief under 28 U.S.C.S. § 2254(d) on claim that state trial court's failure to give Mayberry instruction at kidnapping trial deprived him of right to present defense. Federal authority did not require state trial court to instruct on defense not supported by evidence, and facts did not support a Mayberry instruction.
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| Krasniqi v. Clark, No. 06-35590,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 25, 2007, Filed
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Overview: An alien's detention under 8 U.S.C.S. § 1226(a) met substantive due process requirements because it had a definite termination point. It met procedural due process requirements because it had been implemented in a fair manner as his custody status had been individually reviewed and there was substantial evidence that he was a flight risk.
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| Krasniqi v. Gonzales, No. 05-74284, No. 06-70979,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 25, 2007, Filed
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Overview: Substantial evidence supported an IJ's determination that an applicant for asylum under 8 U.S.C.S. § 1158 and related relief had not established eligibility for asylum by a single beating and detention in 1981 or a well-founded fear of persecution on account of a protected ground if he were to return to Kosovo.
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| Phila. Indem. Ins. Co. v. Findley, No. 03-56651, No. 03-56652,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 25, 2007, Filed
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Overview: When agent rented car and offered excess liability policy to customer after customer presented facially valid driver's license and agent inspected license and verified customer's signature in compliance with Cal. Veh. Code § 14608(b), excess liability insurer was not obligated to conduct further inquiry into validity of customer's driver's license.
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| United States v. Arnt, Nos. 05-50124, 05-50292,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 25, 2007, Filed
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Overview: Sufficient evidence established defendant's residence in Turkey for purposes of 18 U.S.C.S. § 3267(2)(B) in trial arising from stabbing death of defendant's serviceman husband; however, convictions under 18 U.S.C.S. §§ 1112(a), 3261(a) were reversed because district court erred in refusing to give a jury instruction on involuntary manslaughter.
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| United States v. Basulto-Pulido, No. 05-50972,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 25, 2007, Filed
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Overview: Because defendant's due process rights were violated when an IJ failed to inform him of his apparent eligibility to apply for pre-hearing voluntary departure, and because this failure caused him prejudice, the underlying order of deportation could not be used as an element of his conviction under 8 U.S.C.S. § 1326; his conviction was reversed.
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| United States v. Castillo, No. 06-10189,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 25, 2007, Filed
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Overview: Denial of motion to suppress was affirmed because combination of the information received from the informant, the controlled purchase, the fact that defendant was found at the house where the controlled purchase took place, and defendant's suspicious behavior once he was detained was sufficient to establish probable cause to arrest defendant.
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