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| Ahamed v. Gonzales, No. 03-71594,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 7, 2006, Filed
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Overview: Substantial evidence supported BIA's decision denying aliens' asylum and withholding of removal applications because, even accepting their testimony regarding beatings by gangsters, they failed to establish either past persecution or well-founded fear of persecution on account of statutorily protected ground, 8 U.S.C.S. §§ 1101(a)(42)(A), 1158(b).
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| Brennan v. Barnhart, No. 05-15619,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 7, 2006, Filed
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Overview: Substantial evidence supported denial of claimant's application for SSDI and SSI benefits under 42 U.S.C.S. § 405(g) and 42 U.S.C.S. § 1383(c)(3) of Titles II and XVI of Social Security Act where numerous medical reports in record consistently concluded there were no objective findings to substantiate claimant's subjective complaints of arm pain.
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| Concannon v. Imperial Capital Bank (In re Concannon), BAP No. AZ-05-1169-CMoS,
UNITED STATES BANKRUPTCY APPELLATE PANEL FOR THE NINTH CIRCUIT, February 7, 2006, Filed
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Overview: Bankruptcy court did not err in determining that 11 U.S.C.S. § 506(d) could not be used by chapter 7 debtors to strip off a wholly unsecured nonconsensual lien because U.S. Supreme Court precedent prohibited debtors from utilizing § 506 to strip off the creditor's judgment lien, regardless of whether the property covered the creditor's claim.
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| Morgan v. United States, Nos. 04-55758, 04-55761,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 7, 2006, Filed
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Overview: A civilian employee's claims based upon his being searched near the entrance of an air base were properly dismissed where a district court had not erred in concluding that he had impliedly consented to the search; his Federal Tort Claims Act (FTCA), as well as a non-Bivens claim raised in his Bivens complaint, were all barred by res judicata.
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| Rodarte v. Baca, No. 03-56908,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 7, 2006, Filed
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Overview: Inmate was properly denied habeas relief under 28 U.S.C.S. § 2254 because he did not show that his recommitment as a mentally disordered offender in light of the Cal. Penal Code § 2962 amendment, which made it applicable to crimes involving threats of force, was contrary to or involved a reasonable application of clearly established federal law.
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| Travelers Cas. & Sur. Co. v. Pac. Gas & Elec. Co., No. 04-15605,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 7, 2006, Filed
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Overview: A surety company's request for attorney's fees was properly denied where the company, a creditor, was attempting to recover fees in bankruptcy for objections to proposed reorganization plans and related bankruptcy proceedings. Resolution of all of the proceedings was governed by federal bankruptcy law, and the company did not prevail on any claim.
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| United States v. Guerrero-Velasquez, No. 05-30066,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 7, 2006, Decided
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Overview: The fact that defendant's prior conviction for second-degree burglary was based on an Alford plea, rather than a standard guilty plea, was irrelevant when determining whether the conviction was for a crime of violence under U.S. Sentencing Guidelines Manual § 2L1.2(b)(1)(A)(ii). The information showed that defendant burglarized a dwelling.
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| United States v. Jensen, No. 05-30180,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 7, 2006, Filed
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Overview: Motion to suppress was denied as 1) officers were justified in detaining defendant while they determined whether he or his companion was a man with outstanding arrest warrant known to be armed and dangerous; and 2) under circumstances, officers' actions in approaching with weapons drawn and immobilizing defendant did not exceed lawful Terry stop.
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| United States v. Napier, No. 04-10249,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 7, 2006, Filed
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Overview: District court correctly balanced Government's interest in keeping informant's identity confidential against defendant's interest in testing truthfulness of information contained in sealed portion of search warrant affidavit in denying defendant's motion to unseal; defendant did not have absolute right to test veracity of information in warrant.
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