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| Ayvazyan v. Gonzales, No. 04-70109,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 31, 2007, Filed
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Overview: Where the BIA summarily affirmed an IJ's decision denying the applications of an Armenian husband, wife, and son for asylum, withholding of removal, and protection under the Convention Against Torture, the federal court of appeals granted the aliens' petition for review because the alien's adverse credibility finding was unsupported by the record.
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| Cerniglia v. Sacramento County, No. 04-17478,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 31, 2007, Filed
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Overview: Summary judgment in favor of defendants was reversed because plaintiff, as an individual detained under civil process, could not be subjected to conditions that amount to punishment. The court rejected the contentions that confinement in total separation was neither punitive nor "a disciplinary category."
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| Fernandes v. Gonzales, No. 04-75288,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 31, 2007, Filed
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Overview: Government demonstrated that certain provinces within India were controlled by Christian majorities, while others were controlled only by secular parties that respected religious freedom. It was reasonable for Immigration Judge to conclude that, if immigrant had relocated to one of those areas, he would have been free from religious persecution.
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| Nat'l Cas. Co. v. Launch Media, Inc., No. 04-16989,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 31, 2007, Filed
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Overview: Transmittal of songs for first time during second insurance policy's coverage period was not new loss because alleged copyright infringement arising from transmittal of those songs involved same subject matter and same class of persons that triggered coverage and that insurer defended under first policy until first policy's limits were exhausted.
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| SN Servicing Corp. v. Kloza (In re Kloza), No. 04-16837,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 31, 2007, Filed
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Overview: Although the bankruptcy court should not have granted a corporation's untimely extension motion, nothing the bankruptcy court did constituted unique circumstances. Therefore, BAP correctly rejected corporation's unique circumstances defense and dismissed its appeal as untimely when it filed its notice of appeal 34 days after the order was filed.
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| United States v. Campbell, No. 06-10005,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 31, 2007, Filed
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Overview: Indictment was sufficient because by alleging possession of firearms that had previously been transported in interstate or foreign commerce it clearly described the elements of the offense. Defendant's stipulation that the charged firearms previously moved in interstate commerce satisfied the requirements under 18 U.S.C.S. § 922(g).
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| United States v. Duenas-Gonzalez, No. 05-50730,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 31, 2007, Filed
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Overview: District court did not commit error when it precluded defendant from introducing evidence in support of his duress defense because the evidence that defendant sought to introduce was irrelevant to defendant's duress defense, was cumulative, and was confusing to the jury.
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| United States v. Gilles, No. 05-50640, No. 05-50760,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 31, 2007, Filed
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Overview: Defendants were under arrest at the point that they were informed they were being detained pending an application of a search warrant for their luggage. A tip to the FBI, corroboration of that tip by several law enforcement agencies, and lies told by defendants during consensual encounter with the DEA provided probable cause for defendants' arrest.
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| United States v. Perez, No. 06-30161,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 31, 2007, Filed
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Overview: District court was precluded from conducting limited Ameline remand rather than a full re-sentencing on remand because the court, on appeal, found that there was reasonable probability that defendant would have received different sentence had district court known that USSG were advisory. District court was not free to review that finding on remand.
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