Margaret Hakopian petitions for review of a Board of Immigration Appeals ("BIA") order adopting and affirming an Immigration Judge's ("IJ") decision denying her claims for asylum, withholding of removal, and relief under the Convention Against Torture ("CAT"). We hold the IJ erred by finding Hakopian failed to establish by clear and convincing evidence that she timely filed her asylum application. We deny her petition for review, however, for the reasons set forth in the...  

Thomas McDonald, Marian McDonald and Alex McDonald appeal from the district court's grant of summary judgment in favor of Sun Oil Company, Sunoco, Inc. and Cordero Mining Company (collectively, "Sun"). The McDonalds sued Sun for, among other things, negligence, contribution, breach of contract and fraud. Each of these claims arose out of an alleged oral warranty that certain crushed rock at the Horse Heaven Mine Property ("Horse Heaven"), a disused mercury mine, was free of...  

Petitioner Marta Said Ahmed petitions this court for review of the Board of Immigration Appeals' denial of her motion to reopen. We grant the petition for review, and remand for proceedings consistent with this opinion.1... STATEMENT OF FACTS AND PROCEDURAL HISTORY... Petitioner Marta Said Ahmed ("Ahmed"), a citizen of Ethiopia, began her immigration proceedings in 2000 when she applied for asylum and withholding of removal. Ahmed hired Yemi Getachew ("Getachew") to represent...  

The Romoland School District and several individuals and environmental groups, (collectively, "Plaintiffs") appeal the denial of their motion for a preliminary injunction and the dismissal with prejudice of their two claims against Inland Empire Energy Center ("IEEC"), a wholly-owned subsidiary of General Electric Company. Plaintiffs brought suit against IEEC under the citizen suit provision of the Clean Air Act ("CAA" or "Act"), 42 U.S.C. § 7604, in...  

In this case we are called upon to apply the Supreme Court's decision in Evans v. Chavis, 546 U.S. 189 (2006). Petitioner Anthony Waldrip, a California state prisoner, filed a petition for habeas corpus under 28 U.S.C. § 2254. The district court dismissed the petition as untimely under the relevant statute of limitations, 28 U.S.C. § 2244(d). The key issue is whether Waldrip's state court post-conviction review proceeding should be considered "pending" under 28 U.S.C. §...  

Gurgen Khunaverdiants appeals the Board of Immigration Appeals' ("BIA") decision affirming an immigration judge's ("IJ") denial of his asylum application as time barred. Respondent Michael B. Mukasey, United States Attorney General, argues that under 8 U.S.C. § 1158(a)(3) the court lacks jurisdiction to review the BIA's finding that Khunaverdiants failed to timely file his asylum application. We conclude that we have jurisdiction to review this determination under 8 U.S.C....  

In this bankruptcy case, we determine whether a creditor that is required to return to the trustee a payment from the debtor made within the ninety-day preference period still maintains a claim against the debtor for a nondischargeable claim. Busseto Foods, Inc. ("Busseto") contends that the payment it was required to pay to the trustee was a repayment of funds embezzled by the debtor, Charles Laizure, and thus a nondischargeable claim. The Bankruptcy Appellate Panel ("BAP"), in...  

Plaintiff Christopher Cook ("Cook"), a California resident, seeks recovery for damages suffered as a result of a motor vehicle accident in which, while on a motorcycle, he was hit by a drunk driver. The driver was an employee of defendant Avi Casino Enterprises, Inc. ("ACE"), a tribal corporation, and she allegedly became intoxicated at an Avi Casino function. Cook sued the tribal corporation and several of its employees, alleging negligence and dram shop liability. Defendants...  

In 2004, plaintiff Raymond Torres, who was then 16 years old, was arrested, without a warrant, on charges of murder and attempted murder. After 162 days of incarceration, Torres was released when the district attorney dismissed the charges against him. Following his release, Torres and his mother ("Plaintiffs") brought a civil rights action against the City of Los Angeles, the Los Angeles Police Department ("LAPD"), and four LAPD detectives ("Defendants"), seeking...  

In the classic words of the Rolling Stones, "You can't always get what you want." The Rolling Stones, You Can't Always Get What You Want, on Let It Bleed (Decca Records... ... ... 1969). A defendant who chooses to take a conditional plea cannot always assume the court will grant its consent. And, a district court that wants to review a defendant's Presentence Report (PSR) cannot do so until the defendant has granted his consent or entered a plea. Consequently, we are forced to...  

Plaintiffs, Denice Shakarian Halicki, Original Gone in 60 Seconds, LLC, and Halicki Films, LLC (collectively, the "Plaintiffs" or "Halicki"), appeal from so much of a November 14, 2005 summary judgment of the United States District Court for the Central District of California as granted defendants' — Unique Motorcars, Inc. and Unique Performance, Inc. (collectively, the "Unique Defendants"); and Carroll Shelby International, Inc., Carroll Shelby Licensing, Inc.,...  

OPINION... For over two years, since October 10, 2006, the Bureau of Immigration and Customs Enforcement (ICE) has detained Herbert Alexander Flores-Torres in immigration custody during his ongoing removal proceedings. ICE claims it has the authority to do so under the Immigration and Nationality Act (INA), which permits the detention of an "alien" who is in removal proceedings. Torres, however, contends that he is not an "alien," that he became a United States citizen at the...  

Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit... Judge Callahan did not participate in the deliberations or vote in this case...  

ORDER... The Opinion, Concurrence, and Dissent filed October 6, 2008, slip op. 14193, are withdrawn. It may not be cited as precedent by or to this court or any district court of the Ninth Circuit. A new Opinion will follow in due course...  

ORDER... The jury in this case awarded $975,181 in compensatory damages to Southern Union Company, of which it assessed forty percent or $395,072.38 against James M. Irvin, and went on to assess an additional $60,000,000 of punitive damages against him. On appeal, we vacated the punitive damage award, which amounted to punitive damages of over 153 times the compensatory damage award. See S. Union Co. v. Sw. Gas Corp., 415 F.3d 1001, 1009 (9th Cir. 2005) (S. Union I). We then remanded for a...  

I. Introduction... A. Background... Richard Miller appeals the district court's denial of his "Motion to Dismiss Revocation Petition and Request for Immediate Release from Custody" ("Motion to Dismiss"). Relying primarily on United States v. Sullivan, 504 F.3d 969 (9th Cir. 2007), Miller argues that the district court lacked jurisdiction to revoke his supervised release and sentence him because, according to Miller, at the time the violation occurred, his supervised release term...  

David Williams, William Steel, and Talford Brown appeal their convictions following a jury trial for conspiracy to interfere with interstate commerce by robbery, conspiracy to possess cocaine with the intent to distribute, and possession of a firearm during a drug crime and crime of violence. Williams, Steel, and Brown argue, inter alia, that there was insufficient evidence to support their convictions, that their indictment should have been dismissed because of outrageous government conduct,...  

Oracle Corporation ("Oracle"), a large software company, has employed hundreds of workers to train Oracle customers in the use of its software. During the period relevant to this suit, Oracle classified these workers as teachers who were not entitled to compensation for overtime work under either federal or California law. Three nonresidents of California brought a would-be class action against Oracle seeking damages under California law for failure to pay overtime. Plaintiffs performed...  

We must decide whether the United States Forest Service complied with federal environmental law in its management of the Bitterroot National Forest... I... In order to effectuate its management role over the national forests, the National Forest Management Act ("NFMA"), 16 U.S.C. §§ 1600 et seq., requires the United States Forest Service ("Forest Service") to develop and to maintain forest resource management plans. Id. § 1604(a). Such plans must, among other...  

Michael Rogers and Hulya Kar appeal the district court's order granting their employer's motion to compel arbitration. They argue that federal statutes exempt their employment contracts from the scope of Title 9 of the United States Code. We conclude that their employment contracts are "considered as commercial" under Title 9. Therefore, we hold that the arbitration provisions contained in their employment contracts are enforceable, and we affirm the judgment of the district court......