Cases

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA,  Plaintiff-Appellee, No. 05-50170 v.  D.C. No. CR-04-02175-RTB GUILLERMO AGUILA-MONTES DE OCA, OPINION Defendant-Appellant.  Appeal from the U

*670 OPINION BERZON, Circuit Judge: The government appeals the dismissal of Xóchitl Garcia-Santana’s indictment for unlawful reentry in violation of 8 U.S.C. § 1326. The district court determined that Garcia’s prior removal order was constitutionally inadequate because Garcia was d

JERRY E. SMITH, Circuit Judge, dissenting, joined by EDITH H. JONES, Chief Judge, and EDITH BROWN CLEMENT, Circuit Judge, and joined as to parts LA, I.B, and I.D by EMILIO M. GARZA, Circuit Judge: I respectfully dissent. For the first time ever, this court reverses a below-guideline sentence for alleged unfairness. And for at least the 181st time, it reverses a case on plain error, despite the Supreme C

KAREN LeCRAFT HENDERSON, Circuit Judge, with whom GINSBURG, Chief Judge, and SENTELLE, Circuit Judge, join, dissenting: Under what circumstances may a defendant raise at resentencing an objection that he failed to raise at his original sentencing? Until today, our decision in United States v. Whren, 111 F.3d 956 (D.C.Cir.1997), cert. denied, 522 U.S. 1119, 118 S.Ct. 1

STEPHEN H. ANDERSON, dissenting. HOLLOWAY, Circuit Judge. The United States appeals from the order of the district court dismissing the indictment which had been returned against defendant/appellee Ricardo Aguirre, charging him with illegal re-entry into the United States after having been deported, in violation of 8 U.S.C. § 1326(a),(b)(2). The district judge dismissed the ch

313 F.3d 561 UNITED STATES OF AMERICA, Appellee,v.JoAnn McCoy, Appellant. No. 01-3052. United States Court of Appeals, District of Columbia Circuit. Argued September 17, 2002. Decided December 20, 2002. Appeal from the United States District Court for the District of Columbia (No. 98cr00082

CROWE, District Judge. This cause having come on to be heard pursuant to the order to show cause issued by this Court, petitioner being represented by Morton J. Marks and Felix V. De Jesus and respondents by Woodrow De Castro, and the Court having examined the Petition for prosecution of respondents, Compañía de Servicios Eléctricos, S. A. and P. W. Baumgardner, individually and as President and Manager of Compañía de Servic

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT JOEL EMPLEO SILVA, Nos. 16-70130 Petitioner, 17-73272 v. Agency No. A045-476-155 WILLIAM P. BARR, Attorney General, Respondent. OPINION On Petition

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT JOEL EMPLEO SILVA, Nos. 16-70130 Petitioner, 17-73272 v. Agency No. A045-476-155 MERRICK B. GARLAND, Attorney General, Respondent. ORDER AND

623 F.3d 1299 (2010) Luis Enrique MENDOZA, Petitioner, v. Eric H. HOLDER Jr., Attorney General, Respondent. No. 06-72865. United States Court of Appeals, Ninth Circuit. Submitted October 5, 2010.[*] Filed October 27, 2010. *1300 John M. Pope, Stender and Pope, P.C., Phoenix, AZ, for the petitioner.

FILED FOR PUBLICATION DEC 8 2022 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT RAFAEL DIAZ-RODRIGUEZ, No. 13-

534 F.3d 1320 (2008) Adelina GARCIA; Antonio Garcia; Jeronimo Vargas-Vera; Efrain Aguilar; Paulina Aguilar; Adelaida Aguirre; Jose R. Aguirre; Salvador Almanza; Miguel Amaya; Rogelio Andrade; Jesus Anguiano; Efigenia Arana; Jose R. Arana; Ramon Arana; Alma Armendariz; Jorge L. Banda Valadez; Delfino Barragan; Lucia Barragan; Ramon P. Barragan; Holga Benitez; Baltazar Bonilla; Maria Guadalupe Bonilla; Catalina Bustillos; Bernardo Calderon; Etelvina Calder

Cite as 26 I&N Dec. 847 (BIA 2016) Interim Decision #3877 Matter of Guillermo DIAZ-LIZARRAGA, Respondent Decided November 16, 2016 U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals (1) A theft offense is a crime involving moral turpitude if it involves a taking or exercise of control over another’s proper

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT VICTOR OCEGUEDA NUNEZ, a.k.a.  Victor Ocequeda Nunez, a.k.a. Victor Nunez, No. 06-70219 Petitioner, v.  Agency No. A096-380-472 ERIC H. HOLDER JR., Attorney OPINION General, Respondent.

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT VICTOR OCEGUEDA NUNEZ, a.k.a.  Victor Ocequeda Nunez, a.k.a. No. 06-70219 Victor Nunez, Agency No. Petitioner, v.  A096-380-472 ORDER AND ERIC H. HOLDER JR., Attorney AMENDED General, OPINION

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT DANIEL CAMPBELL; et al, * No. 15-56990 Plaintiffs-Appellants, D.C. No. v. 2:04-cv-08592- AG-AJW CITY OF LOS ANGELES, Defendant-Appellee. CESAR MATA,

In the Fourth Court Of Appeals Fourth Court Of Appeals District San Antonio Texas Bexar County Maryann Castro v. Manuel Castro Re: Court Of Appeals Number: 04-14-00785-CV Trial Court Case 2011 -CI-15957 To The Fourth Court of Justices In Appeals Court STATEMEN

BACHARACH, Circuit Judge. A group of employees filed class and collective actions against Tyson Foods, Inc., seeking unpaid wages for time spent on pre- and post-shift activities. After the employees obtained a sizeable verdict and fee award, 1 Tyson unsuccessfully moved for judgment as a matter of law. On appeal, Tys

Opinion MOSK, J. Defendant Noel Jackson was found guilty of the murder of Sonja Niles, as well as guilty of conspiracy to commit murder. The jury found true enhancements of his sentence for the possession and use of a *1187firearm. (Pen. Code, §§ 12022, subd. (a); 12022.5.)1 It also found true one special circumstance—tha

MURPHY, Circuit Judge. Defendants-appellants Tyson Foods, Inc. and Tyson Fresh Meats, Inc. (collectively, “Tyson”) appeal from the district court’s interlocutory order denying their motion for partial summary judgment. We ordered the parties to submit briefs addressing whether this appeal should be dismissed on the ground that the order appealed from was not final. Tyson argues that we have jurisdiction over the appeal under