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https://www.courtlistener.com/api/rest/v3/opinions/8472792/ | MEMORANDUM **
Arturo Reyes-Rodriguez appeals his jury-trial conviction for drug crimes, and possession of a firearm in furtherance of a drug trafficking offense, in violation of 21 U.S.C. §§ 841(a)(1) and 18 U.S.C. § 924(c)(1)(A). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
The sole argument on ap... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472833/ | *275MEMORANDUM **
Kathy Grismore appeals pro se from the district court’s judgment dismissing her action as a sanction under Federal Rule of Civil Procedure 37(b) for failure to comply with discovery orders. Grismore also appeals from the postjudgment order awarding attorneys’ fees and costs. We have jurisdiction under... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472797/ | MEMORANDUM **
California prisoner Raymond D. Jackson, Sr. appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that defendants violated his constitutional rights by refusing to search for and provide potentially exculpatory DNA evidence. We have jurisdiction under 28 U.S.C. ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472799/ | MEMORANDUM **
California state prisoner Raymond D. Jackson, Sr. appeals pro se from the district court’s summary judgment dismissing his 42 U.S.C. § 1983 action alleging, inter alia, that defendants denied him access to the courts. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Aguilera v. Baca, 510 F.... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472801/ | MEMORANDUM **
Francisco Torres-Salas, a native and citizen of Mexico, petitions for review of the former Legalization Appeals Unit’s (“LAU”) order dismissing Torres-Salas’ appeal from the denial of his Special Agricultural Worker (“SAW”) application. We have jurisdiction pursuant to 8 U.S.C. § 1252. We review for abuse... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472800/ | MEMORANDUM **
Francisco Torres-Salas, a native and citizen of Mexico, petitions for review of the former Legalization Appeals Unit’s (“LAU”) order dismissing Torres-Salas’ appeal from the denial of his Special Agricultural Worker (“SAW”) application. We have jurisdiction pursuant to 8 U.S.C. § 1252. We review for abuse... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472802/ | MEMORANDUM **
Hrachya Nersisyan and his son, natives and citizens of Armenia, petition for review of the Board of Immigration Appeals’ (“BIA”) order affirming an immigration judge’s (“IJ”) decision denying their application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”).... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8473101/ | Affirmed by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Franklin Shuron Jones appeals the district court’s order denying his motion for reduction of sentence, 18 U.S.C. § 3582(c)(2) (2006). We have reviewed the record and find no reversible error. Accordin... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472805/ | MEMORANDUM **
Jhon Harry Sierra, native and citizen of Colombia, petitions for review of the Board of Immigration Appeals’ order affirming an immigration judge’s (“IJ”) decision de*252nying his application for asylum and withholding of removal. Our jurisdiction is governed by 8 U.S.C. § 1252. Reviewing for substantial ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472809/ | MEMORANDUM **
David Selinger appeals pro se from the Bankruptcy Appellate Panel’s (“BAP”) order denying his motion to reopen the time to file a notice of appeal. We have jurisdiction under 28 U.S.C. § 158(d). We review for abuse of discretion. Arai v. Am. Bryce Ranches Inc., 316 F.3d 1066, 1069-70 (9th Cir.2003). We af... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472834/ | MEMORANDUM *
Moisés Sanchez-Garcia appeals from the 63-month sentence imposed following his guilty plea conviction for illegal reentry after deportation, in violation of 8 U.S.C. § 1326(a). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm, but remand to correct the judgment.
Sanchez-Garcia contends that... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472804/ | MEMORANDUM **
Jhon Harry Sierra, native and citizen of Colombia, petitions for review of the Board of Immigration Appeals’ order affirming an immigration judge’s (“IJ”) decision de*252nying his application for asylum and withholding of removal. Our jurisdiction is governed by 8 U.S.C. § 1252. Reviewing for substantial ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472806/ | MEMORANDUM ***
Hovik Manukian, a native and citizen of Iran, seeks review of a final order of the Board of Immigration Appeals (BIA) denying his claims for asylum, withholding of removal and protection under the Convention Against Torture (CAT). We grant the petition and remand for a determination on an open record whe... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472808/ | MEMORANDUM **
David Selinger appeals pro se from the Bankruptcy Appellate Panel’s (“BAP”) order denying his motion to reopen the time to file a notice of appeal. We have jurisdiction under 28 U.S.C. § 158(d). We review for abuse of discretion. Arai v. Am. Bryce Ranches Inc., 316 F.3d 1066, 1069-70 (9th Cir.2003). We af... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472810/ | MEMORANDUM **
Plaintiff Mark J. Ferguson appeals the district court’s grant of partial summary judgment in favor of Defendant Quin-street, Inc. We have jurisdiction under 28 U.S.C. § 1291. We review the summary judgment decision de novo, Gordon v. Virtumundo, Inc., 575 F.3d 1040 (9th Cir.2009), and we affirm.
Ferguson ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472812/ | MEMORANDUM *
The seamen concede that they did not incur liability or receive balance bills for additional medical expenses until after they informed them medical providers that they were not subject to state workers’ compensation limitations. Because the seamen did not receive balance bills from them medical providers ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472814/ | MEMORANDUM **
Defendant Kenneth Delano appeals the district court’s order denying his motion to suppress evidence. Because the record shows that Mr. Delano was arrested after a valid investigatory stop, and that the evidence at issue was discovered in the course of a valid search incident to arrest, we affirm.
This cou... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472816/ | MEMORANDUM **
Ibrahim Weyne appeals the district court’s orders denying his motion to suppress and motion to dismiss for prosecuto-rial vindictiveness. Because the search of Weyne’s car was a valid inventory search and because Weyne failed to show an appearance of prosecutorial vindictiveness, we affirm.
“We review de ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472911/ | ORDER AND JUDGMENT*
DAVID M. EBEL, Circuit Judge.
Plaintiff-Appellant Wellman E. Gibson is a prisoner of the state of Colorado. He instituted this action against a number of officials in the Colorado Department of Corrections, claiming both disability discrimination under the Americans with Disabilities Act, 42 U.S.C. ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472914/ | ORDER GRANTING CERTIFICATE OF APPEALABILITY*
DAVID M. EBEL, Circuit Judge.
Petitioner Richard G. Kirby, a pro se litigant, seeks a certificate of appealability under 28 U.S.C. § 2253(c) that will enable him to appeal the district court’s dismissal without prejudice of his 28 U.S.C. § 2254 petition for a writ of a habea... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472917/ | ON MOTION
PER CURIAM.
ORDER
Frank Baiamonte moves for reconsideration of the court’s order dismissing his appeal as untimely.
Upon consideration thereof,
IT IS ORDERED THAT:
The motion is denied. | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472813/ | MEMORANDUM *
The seamen concede that they did not incur liability or receive balance bills for additional medical expenses until after they informed them medical providers that they were not subject to state workers’ compensation limitations. Because the seamen did not receive balance bills from them medical providers ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472815/ | MEMORANDUM **
Defendant Kenneth Delano appeals the district court’s order denying his motion to suppress evidence. Because the record shows that Mr. Delano was arrested after a valid investigatory stop, and that the evidence at issue was discovered in the course of a valid search incident to arrest, we affirm.
This cou... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472817/ | MEMORANDUM **
Ibrahim Weyne appeals the district court’s orders denying his motion to suppress and motion to dismiss for prosecuto-rial vindictiveness. Because the search of Weyne’s car was a valid inventory search and because Weyne failed to show an appearance of prosecutorial vindictiveness, we affirm.
“We review de ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472823/ | MEMORANDUM **
Kelvin Carver Johnson, a California state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action for failure to exhaust administrative remedies pursuant to the Prison Litigation Reform Act, 42 U.S.C. § 1997e(a). He also appeals from an order denying his motion t... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472825/ | MEMORANDUM***
Ruth Manzo appeals from the district court’s grant of summary judgment to her employer, Laborers International Union of North America, Local 872 (Local 872), in this Title VII action on her claims of hostile work environment1 and retaliation. We affirm.
Manzo has failed to raise a triable issue of fact as... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472828/ | MEMORANDUM *
Edward Boracchia and Boracchia & Associates (collectively, “Boracchia”) appeal the district court’s order dismissing their claims as time-barred under the statute of limitations. We affirm in part, reverse in part, and remand for further proceedings.
The question before us in this case is whether the distr... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472831/ | MEMORANDUM **
Robert Lee Fryburger, a California state prisoner, appeals pro se the district court’s denial of his 28 U.S.C. § 2254 habe-as corpus petition. The district court rejected Fryburger’s contention that he was entitled to parole because he had served fifteen years of his fifteen-years-to-life sentence. We aff... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472912/ | ORDER AND JUDGMENT*
DAVID M. EBEL, Circuit Judge.
Plaintiff-Appellant Wellman E. Gibson is a prisoner of the state of Colorado. He instituted this action against a number of officials in the Colorado Department of Corrections, claiming both disability discrimination under the Americans with Disabilities Act, 42 U.S.C. ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472820/ | MEMORANDUM **
Froylan Contreras appeals the district court’s order denying his motion to suppress. Because the district court did not clearly err in finding that the contraband at issue inevitably would have been discovered, we affirm.
“We review de novo motions to suppress, and any factual findings made at the suppres... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472822/ | MEMORANDUM **
Kelvin Carver Johnson, a California state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action for failure to exhaust administrative remedies pursuant to the Prison Litigation Reform Act, 42 U.S.C. § 1997e(a). He also appeals from an order denying his motion t... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472826/ | MEMORANDUM *
Edward Boracchia and Boracchia & Associates (collectively, “Boracchia”) appeal the district court’s order dismissing their claims as time-barred under the statute of limitations. We affirm in part, reverse in part, and remand for further proceedings.
The question before us in this case is whether the distr... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472830/ | MEMORANDUM **
Robert Lee Fryburger, a California state prisoner, appeals pro se the district court’s denial of his 28 U.S.C. § 2254 habe-as corpus petition. The district court rejected Fryburger’s contention that he was entitled to parole because he had served fifteen years of his fifteen-years-to-life sentence. We aff... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472832/ | *275MEMORANDUM **
Kathy Grismore appeals pro se from the district court’s judgment dismissing her action as a sanction under Federal Rule of Civil Procedure 37(b) for failure to comply with discovery orders. Grismore also appeals from the postjudgment order awarding attorneys’ fees and costs. We have jurisdiction under... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472915/ | PER CURIAM:
William Gregory Hughes, appointed counsel for Richard Lee Bradley in this direct criminal appeal, has moved to withdraw from further representation of the appellant and filed a brief prepared pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Because independent examinatio... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472837/ | MEMORANDUM **
Hector Hernandez-Ortiz appeals from the 42-month sentence imposed following his guilty-plea conviction for being found in the United States following deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
Hernandez-Ortiz contends the district court ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472839/ | MEMORANDUM **
Victor Manuel Ramirez Hernandez, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ denial of his motion to reopen or reconsider the underlying denial of his application for cancellation of removal based on his failure to establish the requisite hardship to hi... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472843/ | MEMORANDUM **
Felipe Gutierrez Balmaceda, his wife Lucrecia Gutierrez, and their son Adrian Gutierrez Delgado, natives and citizens of Mexico, petition pro se for review of the decision of the Board of Immigration Appeals denying their motion to reconsider the BIA’s denial of their application for cancellation of remov... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472845/ | MEMORANDUM **
Carlos Penafiel-Falcon, a native and citizen of Peru, petitions for review of the *284Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision finding him removable and denying cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We review... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472918/ | ON MOTION
PER CURIAM.
ORDER
Frank Baiamonte moves for reconsideration of the court’s order dismissing his appeal as untimely.
Upon consideration thereof,
IT IS ORDERED THAT:
The motion is denied. | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472836/ | MEMORANDUM **
Hector Hernandez-Ortiz appeals from the 42-month sentence imposed following his guilty-plea conviction for being found in the United States following deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
Hernandez-Ortiz contends the district court ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472838/ | MEMORANDUM **
Victor Manuel Ramirez Hernandez, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ denial of his motion to reopen or reconsider the underlying denial of his application for cancellation of removal based on his failure to establish the requisite hardship to hi... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472842/ | MEMORANDUM **
Felipe Gutierrez Balmaceda, his wife Lucrecia Gutierrez, and their son Adrian Gutierrez Delgado, natives and citizens of Mexico, petition pro se for review of the decision of the Board of Immigration Appeals denying their motion to reconsider the BIA’s denial of their application for cancellation of remov... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472844/ | MEMORANDUM **
Carlos Penafiel-Falcon, a native and citizen of Peru, petitions for review of the *284Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision finding him removable and denying cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We review... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472846/ | MEMORANDUM **
Aurelia Singh Tinoco, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s decision denying her application for cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for substantial e... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472919/ | ON MOTION
GAJARSA, Circuit Judge.
ORDER
Nalco Company moves for a stay, pending appeal, of the preliminary injunction entered by the United States District Court for the Southern District of Texas. Baker Hughes Incorporated et al. (Baker Hughes) oppose. The court considers whether to vacate the district court’s preli... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472921/ | JUDGMENT
PER CURIAM.
This case was considered on the record from the National Transportation Safety Board and on the briefs of the parties pursuant to D.C. Circuit Rule 34(j). It is
ORDERED AND ADJUDGED that the petition is denied.
*590This case arises out of U.S. Airways Express Flight 4803 on April 18, 2008 from New... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472847/ | MEMORANDUM **
Aurelia Singh Tinoco, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s decision denying her application for cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for substantial e... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472849/ | MEMORANDUM **
Ventura Ortuno-Garcia, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s decision denying her application for cancellation of removal. We have jurisdiction pursuant to 8 U.S.C. *287§ 1252. We review de n... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472853/ | MEMORANDUM *
This appeal from the district court’s order granting appellee’s motion for a preliminary injunction comes to us for review under Ninth Circuit Rule 3-3. We have jurisdiction under 28 U.S.C. § 1292(a)(1), and we affirm.
Our sole inquiry is whether the district court abused its discretion in granting prelimi... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472856/ | MEMORANDUM **
Alice Willis appeals pro se from the Tax Court’s summary judgment allowing the Commissioner of Internal Revenue (“Commissioner”) to proceed with its collection action. We have jurisdiction pursuant to 26 U.S.C. § 7482(a). We review de novo the Tax Court’s grant of summary judgment, Miller v. Comm’r, 310 F... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472850/ | *288MEMORANDUM **
Ricardo Lozano Ortiz, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ denial of his application for cancellation of removal based on his failure to establish the requisite hardship to his lawful permanent resident wife and their United States citizen ch... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472854/ | MEMORANDUM **
Alice Willis appeals pro se from the Tax Court’s summary judgment allowing the Commissioner of Internal Revenue (“Commissioner”) to proceed with its collection action. We have jurisdiction pursuant to 26 U.S.C. § 7482(a). We review de novo the Tax Court’s grant of summary judgment, Miller v. Comm’r, 310 F... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472855/ | MEMORANDUM **
Tomas Padrón Miranda and Maria Teresa Escoto Larios, natives and citizens of Mexico, seek review of a Board of Immigration Appeals order denying their motion to reopen removal proceedings. We dismiss the petition for review.
We lack jurisdiction to review the Board’s denial of petitioners’ motion to reope... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472922/ | JUDGMENT
PER CURIAM.
This case was considered on the record from the National Transportation Safety Board and on the briefs of the parties pursuant to D.C. Circuit Rule 34(j). It is
ORDERED AND ADJUDGED that the petition is denied.
*590This case arises out of U.S. Airways Express Flight 4803 on April 18, 2008 from New... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472857/ | MEMORANDUM **
Kathy Grismore appeals pro se from the district court’s judgment dismissing her action as a sanction under Federal Rules of Civil Procedure 37(b) and 41(b) for failure to comply with a discovery order. Grismore also appeals from the judgment awarding attorneys’ fees. We have jurisdiction under 28 U.S.C. §... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472859/ | MEMORANDUM **
Mark Durbin appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action seeking relief from state court decisions. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Noel v. Hall, 341 F.3d 1148, 1154 (9th Cir.2003). We affirm in part, vacate in part, and remand.
T... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472861/ | MEMORANDUM *
Swan View Coalition and Friends of the Wild Swan appeal the district court’s partial summary judgment in favor of the government defendants in Swan View’s action challenging motorized access management in the Flathead National Forest. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review the summary... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472863/ | MEMORANDUM *
Appellants Swan View Coalition and Friends of the Wild Swan, Inc., appeal the district court’s grant of summary judgment in favor of the Forest Service and Fish and Wildlife Service. This case involves the impact of the Robert-Wedge and West Side Reservoir Post-Fire Projects’ motor vehicle restrictions on ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472865/ | MEMORANDUM *
Rickey Calhoun appeals dismissal on the pleadings of his 42 U.S.C. § 1983 suit. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm. A prosecutor is entitled to absolute immunity from damages under § 1983 “when performing the traditional functions of an advocate.” Kalina v. Fletcher, 522 U.S. ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472867/ | MEMORANDUM *
Julio Cesar Montes-Alva, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We dismiss... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472981/ | SUMMARY ORDER
Timothy Dumpson appeals from a judgment the United States District Court for the Western District of New York (Siragu-sa, /.). Dumpson, who is incarcerated in the New York Southport Correctional Facility, sued various officers at that facility alleging violations of the Eighth and Fourteenth Amendments as... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472983/ | SUMMARY ORDER
Samba Sinera petitions this Court for review of the August 26, 2008 order of the BIA which denied his application for cancellation of removal pursuant to Section 240A(b) of the Immigration and Nationality Act (“INA”), 8 U.S.C. Section 1229b(b).
According to his Application for Cancellation of Removal, whi... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472985/ | SUMMARY ORDER
Petitioner Rigoberto Vega (“petitioner” or “Vega”), a native and citizen of Mexico, seeks review of a final order of removal issued by the BIA on November 19, 2008. Petitioner argues that the BIA erred in concluding that petitioner’s prior conviction for domestic battery made him eligible for removal beca... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472858/ | MEMORANDUM **
Kathy Grismore appeals pro se from the district court’s judgment dismissing her action as a sanction under Federal Rules of Civil Procedure 37(b) and 41(b) for failure to comply with a discovery order. Grismore also appeals from the judgment awarding attorneys’ fees. We have jurisdiction under 28 U.S.C. §... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472860/ | MEMORANDUM **
Mark Durbin appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action seeking relief from state court decisions. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Noel v. Hall, 341 F.3d 1148, 1154 (9th Cir.2003). We affirm in part, vacate in part, and remand.
T... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472864/ | MEMORANDUM *
Appellants Swan View Coalition and Friends of the Wild Swan, Inc., appeal the district court’s grant of summary judgment in favor of the Forest Service and Fish and Wildlife Service. This case involves the impact of the Robert-Wedge and West Side Reservoir Post-Fire Projects’ motor vehicle restrictions on ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472984/ | SUMMARY ORDER
Samba Sinera petitions this Court for review of the August 26, 2008 order of the BIA which denied his application for cancellation of removal pursuant to Section 240A(b) of the Immigration and Nationality Act (“INA”), 8 U.S.C. Section 1229b(b).
According to his Application for Cancellation of Removal, whi... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8473103/ | Affirmed by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Maricacus Dewayne McNeill appeals the district court’s order denying his motion for reduction of sentence under 18 U.S.C. § 3582(c)(2) (2006). We have reviewed the record and find no reversible error.... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472869/ | MEMORANDUM **
Raul Contreras-Gonzalez, a native and citizen of Mexico, seeks review of a Board of Immigration Appeals order denying his motion to reopen removal proceedings. We dismiss the petition for review.
We lack jurisdiction to review the Board’s denial of petitioner’s motion to reopen, which introduced further e... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472874/ | MEMORANDUM **
Jose Covarrubias Valdivia and Ericka Tapia Ramirez, husband and wife, seek review of a Board of Immigration Appeals order denying their motion to reopen removal proceedings. We dismiss the petition for review.
We lack jurisdiction to review the Board’s denial of petitioners’ motion to reopen, which introd... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472876/ | MEMORANDUM **
Chapter 7 debtor Wayne Engram, his sister Madeline Engram, and his daughter Susie Engram appeal pro se from the judgment of the Bankruptcy Appellate Panel (“BAP”) affirming the bankruptcy court’s order approving the trustee’s settlement of the estate’s interest in a state court quiet title action. We have... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472878/ | MEMORANDUM **
Saul Covarrubias-Ramos, a native and citizen of Mexico, petitions for review of a Board of Immigration Appeals order dismissing his appeal from an immigration judge’s (IJ) decision denying his application for cancellation of removal. We dismiss in part and deny in part the petition for review.
We lack jur... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8473072/ | OPINION
SLOVITER, Circuit Judge.
Jacob G. Marley appeals the District Court’s order granting summary judgment in favor of appellee CORT Furniture Rental Corporation on Marley’s claim that CORT discriminated against him in violation of § 1981 and New Jersey state law by failing to promote him to any of the three positio... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8473076/ | OPINION OF THE COURT
JORDAN, Circuit Judge.
Edgar Romero, a native and citizen of Peru, was convicted of hindering his removal from the United States. He appeals an order from the United States District Court for the Middle District of Pennsylvania denying his motion seeking credit for a portion of the time he served i... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472870/ | MEMORANDUM **
Raul Contreras-Gonzalez, a native and citizen of Mexico, seeks review of a Board of Immigration Appeals order denying his motion to reopen removal proceedings. We dismiss the petition for review.
We lack jurisdiction to review the Board’s denial of petitioner’s motion to reopen, which introduced further e... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472871/ | MEMORANDUM **
Jose Arturo Campos Mendez and Amalia Campos, natives and citizens of Guatemala and Mexico, respectively, petition pro se for review of the Board of Immigration Appeals’ denial of their application for cancellation of removal based on their failure to establish the requisite hardship to their United States... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472877/ | MEMORANDUM **
Saul Covarrubias-Ramos, a native and citizen of Mexico, petitions for review of a Board of Immigration Appeals order dismissing his appeal from an immigration judge’s (IJ) decision denying his application for cancellation of removal. We dismiss in part and deny in part the petition for review.
We lack jur... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8473073/ | OPINION
SLOVITER, Circuit Judge.
Jacob G. Marley appeals the District Court’s order granting summary judgment in favor of appellee CORT Furniture Rental Corporation on Marley’s claim that CORT discriminated against him in violation of § 1981 and New Jersey state law by failing to promote him to any of the three positio... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8473075/ | OPINION
PER CURIAM.
Toumany Fofana petitions for review of an order of the Board of Immigration Appeals (BIA), which dismissed his appeal from an Immigration Judge’s (IJ’s) final removal order. We will deny the petition.
Fofana is a native and citizen of Mauritania. He arrived with false documents in December 2002. He ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8473077/ | OPINION OF THE COURT
JORDAN, Circuit Judge.
Edgar Romero, a native and citizen of Peru, was convicted of hindering his removal from the United States. He appeals an order from the United States District Court for the Middle District of Pennsylvania denying his motion seeking credit for a portion of the time he served i... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472879/ | MEMORANDUM **
Felipe Carrasco-Rivera appeals his 48-month sentence and conviction for being a previously deported alien found in the United States, in violation of 8 U.S.C. § 1326(a). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
The district court did not err in imposing a sixteen-level sentencing enhanc... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472883/ | MEMORANDUM *
Isaul Rodriguez-Banuelos appeals from the 70-month sentence imposed following his guilty-plea conviction for illegal reentry after deportation, in violation of 8 U.S.C. § 1326(a). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm, but remand to correct the judgment.
Rodriguez-Banuelos conten... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472885/ | *313MEMORANDUM **
Ricardo Flores-Gareia appeals the sentence imposed following his guilty plea to being a deported alien found in the United States in violation of 8 U.S.C. § 1326.
Flores-Gareia contends that the district court failed to consider properly all of the 18 U.S.C. § 3553(a) factors when it sentenced him, th... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8473080/ | OPINION
PER CURIAM.
Petitioner Mohammad Arshad is a citizen of Pakistan. He entered the United States in 2001 with a visitor’s visa, which he overstayed. Arshad was placed in removal proceedings in 2003. He conceded removability, but sought asylum, withholding of removal, protection under the Convention Against Torture... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8473082/ | OPINION
PER CURIAM.
Oswaldo Galindo-Torres petitions for review of a decision rendered by the Board of Immigration Appeals on July 31, 2008. For the reasons that follow, we will deny the petition for review.
I. Background
Galindo-Torres is a native and citizen of Colombia. He arrived in the United States in May 2004 an... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8473084/ | OPINION
PER CURIAM.
Appellant Thomas Tuka, proceeding pro se, appeals the order of the Tax Court dismissing his petition for lack of jurisdiction. For the following reasons, we will affirm.
The parties’ underlying dispute stems from the issuance by the IRS of a “lock-in” letter to Tuka and his employer in 2006. By way ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8473086/ | OPINION
PER CURIAM.
Ferry Tjhie and his wife, Shinta Liem, petition for review of an order of the Board of Immigration Appeals (“BIA”) adopting and affirming the Immigration Judge’s (“U”) decision denying their applications for relief from removal. We will deny the petition for review.
Tjhie and Liem are natives and ci... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8473090/ | OPINION OF THE COURT
RENDELL, Circuit Judge.
Keith Scutching challenges his sentence of 63 months’ imprisonment — a term within the applicable Guidelines range of 63 to 78 months — -arguing that the District Court failed meaningfully to consider his personal history and characteristics, as required under 18 U.S.C. § 35... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8473091/ | OPINION OF THE COURT
JORDAN, Circuit Judge.
Charles E. Atwood, II pled guilty to causing others to make false statements to the United States, in violation of 18 U.S.C. §§ 1001, 2(b), and was sentenced to twelve months in prison. He appeals his sentence, arguing that, when determining his Sentencing Guidelines range, t... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8473094/ | OPINION OF THE COURT
PER CURIAM.
Xiang Jing Lin, a native and citizen of China, arrived in the United States in March 2005. He appeared before an Immigration Judge (“IJ”) and conceded that he was removable for entering the United States without being admitted or paroled. See Immigration and Nationality Act (“INA”) § 21... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8473095/ | OPINION
PER CURIAM.
Khurram Afzal, a citizen of Pakistan, entered the United States as a visitor in October 2003. He overstayed his visa, and the Government charged him with remova-bility. Afzal conceded the charge and filed an application for asylum, withholding, and relief under the Convention Against Torture (CAT).1... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472882/ | MEMORANDUM **
Mura Guzman-Pimentel, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ denial of her motion to reopen the underlying denial of her application for cancellation of removal, which was based on petitioner’s failure to establish the requisite hardship to her qualifying... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472884/ | MEMORANDUM *
Isaul Rodriguez-Banuelos appeals from the 70-month sentence imposed following his guilty-plea conviction for illegal reentry after deportation, in violation of 8 U.S.C. § 1326(a). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm, but remand to correct the judgment.
Rodriguez-Banuelos conten... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8473079/ | OPINION
AMBRO, Circuit Judge.
William G. and Jacqueline R. Schwartz appeal a final judgment of the United States Tax Court. The Schwartzes claim that the Tax Court erred in holding that the Internal Revenue Service (“IRS”) did not abuse its discretion in rejecting the Schwartzes’ offer-in-compromise. We disagree with t... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8473081/ | OPINION
PER CURIAM.
Petitioner Mohammad Arshad is a citizen of Pakistan. He entered the United States in 2001 with a visitor’s visa, which he overstayed. Arshad was placed in removal proceedings in 2003. He conceded removability, but sought asylum, withholding of removal, protection under the Convention Against Torture... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8473083/ | OPINION
PER CURIAM.
Oswaldo Galindo-Torres petitions for review of a decision rendered by the Board of Immigration Appeals on July 31, 2008. For the reasons that follow, we will deny the petition for review.
I. Background
Galindo-Torres is a native and citizen of Colombia. He arrived in the United States in May 2004 an... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8473089/ | OPINION
PER CURIAM.
Inna Osypova, a native of the former U.S.S.R. and a citizen of Ukraine, arrived in the United States as a visitor in November 2002 with permission to remain until May 2003. In June 2003, she filed an application for asylum, withholding, and protection under the Convention Against Torture (“CAT”) bas... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8473092/ | OPINION OF THE COURT
RENDELL, Circuit Judge.
Keith Scutching challenges his sentence of 63 months’ imprisonment — a term within the applicable Guidelines range of 63 to 78 months — -arguing that the District Court failed meaningfully to consider his personal history and characteristics, as required under 18 U.S.C. § 35... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8473093/ | OPINION OF THE COURT
PER CURIAM.
Xiang Jing Lin, a native and citizen of China, arrived in the United States in March 2005. He appeared before an Immigration Judge (“IJ”) and conceded that he was removable for entering the United States without being admitted or paroled. See Immigration and Nationality Act (“INA”) § 21... | 01-04-2023 | 11-05-2022 |
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