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Federal Courts -
9th Circuit Court of Appeals - February 16, 2006
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In re Grupo Xtra of N.Y., No. 04-55199, No. 04-55200, No. 04-55201, No. 04-55267, No. 04-55269, No. 04-55271,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 16, 2006, Filed
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Overview: Where, after proper initial notice, a modified proposal resulted in an increased recovery to a bankruptcy estate, due process was not violated when notice was not given to all interested parties. Proper notice was given whether the transaction was a sale or a compromise under Fed. R. Bank. P. 6004 and Fed. R. Bankr. P. 9019.
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Lopez-Castellanos v. Gonzales, No. 01-71848,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 16, 2006, Resubmitted, Pasadena, California , February 16, 2006, Filed
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Overview: BIA erred in finding that St. Cyr did not control question of whether IIRIRA substantive immigration consequences applied to alien deemed ineligible for 8 U.S.C.S. § 1229b relief based on 1988 Cal. Penal Code § 288(a) conviction, but court lacked jurisdiction to consider alternate discretionary determination that alien lacked good moral character.
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