Published opinions from 2004. The case name opens the case page.
December 27, 2004393 F.3d 918
The court held that Jones’s appeal was timely and that California equitable tolling applied to claims he pursued in good faith while continuously confined as a civil detainee. It reversed summary judgment on the statute-of-limitations ruling and on Jones’s unreasonable-search, substantive-due-process, and…
The Ninth Circuit affirmed summary judgment for Dr. Chung on the Toguchis’ Eighth Amendment deliberate-indifference and due-process claims. The evidence did not create a genuine dispute that Dr.
The court held that the district court abused its discretion by remanding Benecke’s disability claim for further proceedings rather than for an award of benefits. Because the ALJ gave legally insufficient reasons to reject the evidence, and the credited record established disability with no unresolved issues requiring…
The Ninth Circuit denied Todor Krumov Simeonov's petition for review of a BIA order dismissing, without reaching the merits, his NACARA § 203 application for suspension of deportation.
The Ninth Circuit denied Tilahun Fantaye Desta's petition for review of the BIA's decision affirming the denial of his application for asylum and withholding of removal, because substantial evidence supported the immigration judge's adverse credibility determination, which rested on possibly fraudulent membership…
March 9, 2004359 F.3d 1190
The Ninth Circuit affirmed the denial of disability insurance benefits because substantial evidence supported the ALJ’s findings and the ALJ applied the correct legal standards. It upheld the ALJ’s decision to discount the treating physicians’ opinions, found the credibility determination supported despite a…
February 10, 2004358 F.3d 674
The court held that the exhaustion requirement in 8 U.S.C. § 1252(d)(1) generally bars appellate review for lack of subject-matter jurisdiction when an alien did not present a legal claim in the administrative proceedings.
January 2, 2004349 F.3d 634
The Ninth Circuit affirmed summary judgment for Los Angeles County on deputy probation officer Francisco Vasquez's Title VII claims of disparate treatment, hostile work environment, and retaliation arising from his 1999 transfer out of a cottage assignment at a youth detention center after a football-game incident.