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Name Category Published
Hoque v. Ashcroft
Immigration judge's adverse credibility finding regarding petitioners' testimony that they were persecuted due to political belief isn't supported by substantial evidence.
Immigration Jun. 29, 2004
U.S. v. Benitez-Perez
Defendant's earlier possession for sale conviction is 'drug trafficking' offense justifying 16 level sentencing enhancement.
Criminal Law and Procedure Jun. 29, 2004
U.S. v. Arellano-Gallegos
District court's failure to ascertain whether defendant's waiver of appeal was knowing and voluntary before acceptance of plea was plain error.
Criminal Law and Procedure Jun. 29, 2004
U.S. v. Ratigan
Court's subject matter jurisdiction over bank robbery charge cannot be undemined by insufficient evidence of bank's FDIC insurance status.
Criminal Law and Procedure Jun. 29, 2004
Nord v. Black & Decker Disability Plan
Order
Jun. 29, 2004
U.S. v. Hernandez-Vermudez
Illegal alien who enters U.S. without inspection and commits aggravated felony is subject to administrative removal.
Immigration Jun. 29, 2004
Edwards v. Marin Park Inc.
Under Federal Rule of Civil Procedure 8(a), plaintiff's retaliation claim is sufficient to survive motion to dismiss.
Civil Procedure Jun. 29, 2004
Cazarez-Gutierrez v. Ashcroft
Drug offense that is not punishable as felony under federal law cannot be used to find immigrant ineligible for cancellation of removal.
Immigration Jun. 29, 2004
Lin v. Ashcroft
BIA should have considered expanded record presented by immigrant after original counsel failed to present it.
Immigration Jun. 29, 2004
U.S. v. Williams
Court improperly required defendant to take psychotropic medication as condition of supervised release.
Criminal Law and Procedure Jun. 29, 2004
Hatton v. Bonner
Amended opinion
Jun. 29, 2004
U.S. v. Christian
Police did not exceed proper scope of investigatory stop by demanding defendant's identification.
Criminal Law and Procedure Jun. 29, 2004
Neilson v. United States (In re Olshan)
Bankruptcy court erred in rejecting single item in IRS's proof of claim to disallow entire claim against debtor.
Taxation Jun. 29, 2004
U.S. v. Phillips
Under sentencing guidelines, district court must include all reliable cleanup expenses for determination of enhancement.
Environmental Law Jun. 29, 2004
Nedra Johnson v. W.L. Gore & Assoc.
Employers elapsed-time regulation did not violate ERISA's vesting and benefit accrual requirements.
Employment Law Jun. 29, 2004
Zurich American Insurance Co. v. Whittier Properties Inc.
Contamination clean-up insurance policy may not be rescinded based on insured's misrepresentations.
Environmental Law Jun. 29, 2004
U.S. v. Terry-Crespo
911 call had sufficient indicia of reliability to provide police with reasonable articulable suspicion justifying investigatory stop.
Criminal Law and Procedure Jun. 29, 2004
Roe v. City of San Diego
Police officer who was fired for selling sexually explicit video of himself online may sue under First Amendment.
Constitutional Law Jun. 29, 2004
Smith v. City of Hemet
Plaintiff's conviction for resisting officers bars action alleging officers used excessive force.
Civil Rights Jun. 29, 2004
Moreau v. Air France
Amended opinion
Jun. 29, 2004
Li v. Ashcroft
Congressional protection extends to Chinese petitioners who resisted and escaped coercive population control policies.
Immigration Jun. 29, 2004
United States v. Maginnis
Sale of lottery right should be taxed as ordinary income, not as capital gain.
Taxation Jun. 29, 2004
Luong v. Circuit City Stores Inc.
Plaintiff's petition in federal court to vacate arbitration award is dismissed as award is less than amount required for diversity jurisdiction.
Civil Procedure Jun. 29, 2004
Ellis v. U.S. District Court (United States of America)
District court exceeds authority in determining plea should be vacated following its rejection of plea agreement.
Criminal Law and Procedure Jun. 29, 2004
Associated Builders and Contractors of Southern California Inc. v. Nunn
Amended opinion
Jun. 29, 2004
U.S. v. Medina-Maella
Prior felony conviction for lewd or lascivious acts on child constitutes conviction for 'crime of violence' under federal sentencing guidelines.
Criminal Law and Procedure Jun. 29, 2004
Batzel v. Smith
Order
Jun. 29, 2004
U.S. v. Toliver
Jury's inability to determine quantity or type of drugs involved in conspiracy did not entitled defendants to acquittal.
Criminal Law and Procedure Jun. 29, 2004
Singh v. Ashcroft
Scope of habeas jurisdiction does not extend to cases where INS has come to unwise yet lawful decision.
Immigration Jun. 29, 2004
Haugen v. Brosseau
Amended opinion
Jun. 29, 2004