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Case Summaries

Family Law

[08/07] In re Esperanza
Orders denying petitions for modification under Welfare and Institutions Code section 388 and order terminating parental rights under section 366.26 are reversed where the juvenile court has jurisdiction to review the social services agency's denial of a criminal records exemption for abuse of discretion.

[08/06] US v. Flores-Villar
The circuit court rejects challenges under the equal protection component of the Fifth Amendment's due process clause on the basis of age and gender to two former sections of the Immigration and Nationality Act (INA), which impose a five-year residence requirement, after the age of fourteen, on U.S. citizen fathers, but not on U.S. citizen mothers, before they may transmit citizenship to a child born out of wedlock abroad to a non-citizen.

[08/04] Stanley v. Stanley
In a divorce case, modification of a stipulated property division order is affirmed in part and reversed in part where: 1) the trial court properly considered the parties' changed circumstances in deciding to reopen and revise the property division order; but 2) under federal law, husband's Social Security disability benefits may not be transferred or assigned to a former spouse in a property settlement.

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Immigration Law

[08/08] Ezeagwu v. Mukasey
Petition for review of a denial of Nigerian native's application for asylum and related relief is denied where: 1) substantial evidence supported the BIA's decision upholding an IJ's adverse credibility finding and denying his application for withholding of removal; 2) the adverse credibility finding also justified the denial of a claim for relief under the CAT; 3) an ineffective assistance claim was adequately evaluated; and 4) a contention that the matter should be remanded in light of new evidence is rejected.

[08/07] Alexandrescu v. Mukasey
In an immigration proceeding in which petitioner sought review denial of his application for asylum, withholding of removal to Romania, and protection against the Convention Against Torture ("CAT"), petition for review is denied where: 1)Board of Immigration Appeals' ("BIA") and Immigration Judge's ("IJ") conclusion that petitioner suffered no persecution is amply supported by the record; and 2) because the standard for withholding of removal is more difficult to meet than the asylum standard, petitioner's failure to satisfy the asylum standard means that his withholding of removal claim must also fail.

[08/07] Quinchia v. US Atty. Gen.
Petition for review of a decision finding petitioner ineligible for discretionary relief from removal pursuant to section 212(h) of the Immigration and Nationality Act (INA) is granted where: 1) a non-precedential Board of Immigration Appeals (BIA) decision did not merit Chevron deference; and 2) there was need for "clear and uniform" guidance through precedential decisions. BIA's decision is vacated and matter is remanded to BIA to allow it to issue a precedential decision interpreting Section 212(h).

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Property Law & Real Estate

[08/07] Great Plains Real Estate Dev., L.L.C. v. Union Cent. Life Ins. Co.
In a contract dispute between a borrower and lender, summary judgment for lender is affirmed where: 1) the district court properly found that a prepayment premium provision in the parties' promissory note was enforceable under Iowa law and that the provision had not been waived or modified; and 2) there was no abuse of discretion in awarding defendants attorney's fees and costs.

[08/07] In re: Addison
In a bankruptcy case, rulings against debtor and denial of discharge are affirmed in part and reversed in part where: 1) the bankruptcy court clearly erred in finding that debtor converted nonexempt property into his homestead with the intent to hinder, delay, or defraud a creditor; 2) it erred similarly in finding debtor transferred nonexempt funds into a Roth IRA with such intent; 3) the resultant denial of discharge required reversal; and 4) two 26 U.S.C. section 529 tuition savings accounts opened for the benefit of his children were nonexempt property of his bankruptcy estate.

[08/06] Ctr. for Biological Diversity v. Marina Point Dev. Co.
In an action brought by environmental groups against developers raising claims under the Clean Water Act (CWA) and the Endangered Species Act (ESA), judgment on the merits for the groups is vacated and remanded for dismissal where the district court lacked jurisdiction over the CWA claims and the ESA claims have become moot.

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