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US Circuit Court of Appeals
9th Circuit Case Summaries

2004/04/22 Thu

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OPINION SUMMARIES - April 22, 2004
U.S. 9TH CIRCUIT COURT OF APPEALS
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TABLE OF CONTENTS

CRIMINAL LAW & PROCEDURE, IMMIGRATION LAW, SENTENCING
* US v. RIVAS-GONZALEZ

* US v. GONZALEZ

IMMIGRATION LAW
* MARTINEZ-DE BOJORQUEZ v. ASHCROFT

* GORMLEY v. ASHCROFT
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CRIMINAL LAW & PROCEDURE, IMMIGRATION LAW, SENTENCING

US v. RIVAS-GONZALEZ, No. 03-30167 (9th Cir. April 22, 2004)
In sentencing a defendant charged with illegal reentry after having
been previously removed, a downward departure on the basis of
cultural assimilation is not available where the asserted
assimilation arises primarily after the illegal entry.

To read the full text of this opinion, go to:

[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0330167p.pdf

CRIMINAL LAW & PROCEDURE, IMMIGRATION LAW, SENTENCING

US v. GONZALEZ, No. 03-30256 (9th Cir. April 22, 2004)
Where defendant suffered no sentence enhancement, district court
correctly applied the "preponderance of evidence" rather than the
"clear and convincing" standard when it denied his request for
special probation under 18 U.S.C. section 3607.

To read the full text of this opinion, go to:

[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0330256p.pdf

IMMIGRATION LAW

MARTINEZ-DE BOJORQUEZ v. ASHCROFT, No. 02-73014 (9th Cir. April 22,
2004)
Due process entitles a legal permanent resident, found to be
deportable, to some form of direct notice that her appeal will be
deemed waived per 8 C.F.R. section 1003.4 if she leaves the country
for even a few minutes.

To read the full text of this opinion, go to:

[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0273014p.pdf

IMMIGRATION LAW

GORMLEY v. ASHCROFT, No. 02-74091 (9th Cir. April 22, 2004)
Though petitioners may have suffered adverse economic consequences
from South Africa's Employment Equity Act 55, which allegedly caused
them to lose their longtime jobs on account of their race, their
loss did not rise to the level of economic persecution. Asylum
petition is denied.

To read the full text of this opinion, go to:

[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0274091p.pdf

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Opinion Summaries Archive September 2000 to the Present

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