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| Echeverria-Rodas v. Gonzales, No. 02-71894,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 30, 2007, Filed
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Overview: Alien's testimony that he received anonymous threatening letter, several coworkers were killed, and armed men entered workplace but that he did not know who was responsible did not compel conclusion that he was persecuted or that fear of returning to Guatemala was objectively reasonable. Thus, substantial evidence supported denial of asylum.
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| Safe Air for Everyone v. United States EPA, No. 05-75269,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 30, 2007, Filed
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Overview: EPA's decision to approve amendment of Idaho's State Implementation Plan (SIP) under 42 U.S.C.S. § 7410 of Clean Air Act to permit field burning rested on erroneous premise that preexisting SIP did not ban field burning and that amendment was clarification; remand was necessary for EPA to consider proposed amendment as a change in preexisting SIP.
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| Sandhu v. Gonzales, No. 04-72559,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 30, 2007, Filed
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| Sandoval v. Gonzales, No. 05-72086,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 30, 2007, Filed
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Overview: Asylum was properly denied because substantial evidence supported IJ's determination that petitioners failed to establish that alleged violent attacks against various family members were motivated by statutorily protected ground and failed to establish objectively reasonable basis for fear of persecution on account of political opinion.
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| United States v. Martinez-Valdez, No. 05-10557,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 30, 2007, Filed
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| United States v. Munz, No. 06-50087, No. 06-50089,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 30, 2007, Filed
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Overview: Defendants' 18 U.S.C.S. § 3663(e)(1) motion to offset restitution, which argued that deficiency judgment obtained by bank against individual should have been used to fully offset restitution obligations properly was denied. Judgment did not restore bank to prior state of well-being, absent evidence that individual had fully satisfied judgment.
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| United States v. Tatoyan, No. 05-50783, No. 05-50784,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 30, 2007, Filed
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Overview: District court did not err in omitting "willfulness" from the jury instructions on a charge of bulk cash smuggling, 31 U.S.C.S. § 5332; however, the absence of a jury determination that a willful violation of 31 U.S.C.S. § 5332 occurred made the penalties authorized by 31 U.S.C.S. § 5322 unavailable for the violation of 31 U.S.C.S. § 5332.
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| United States v. Ziegler, No. 05-30177,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 30, 2007, Filed
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Overview: Although an employee retained a legitimate expectation of privacy in his workplace office, his employer retained the ability to consent to a search of his business computer. Because his employer gave valid third party consent to search his computer, the admission of child pornography found on his computer did not violate the Fourth Amendment.
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| United States v. Ziegler, No. 05-30177,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 30, 2007, Filed
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