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Top citers, strongest first. 50 distinct citers.
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discussed
Cited as authority (rule)
United States v. Valle
Conspiracy merely requires proof of “(1) an agreement among the conspirators to commit an offense; (2) specific intent to achieve the objective of the conspiracy; and (3) [here] an overt act to effect the object of the conspiracy.” United States v. Pinckney, 85 F.3d 4, 8 (2d Cir.1996) (alteration added) (citation omitted). “ ‘Whether the substantive crime itself is, or is likely to be, committed is irrelevant,’ ” United States v. Wallach, 935 F.2d 445, 470 (2d Cir.1991) (quoting United States v. Rose, 590 F.2d 232, 235 (7th Cir.1978)), and “ ‘impossibility of success is not a d…
discussed
Cited as authority (rule)
Francisco Mendoza-Alvarez v. Eric H. Holder Jr.
Our review of the record convinces us that, these conclusions are supported by substantial evidence.”); Raffington v. INS, 340 F.3d 720, 723 (8th Cir.2003) (holding that a “medical provider's concern and the Pan American Health Organization’s report that Jamaica devotes limited resources to treating those who are mentally ill do not establish a pattern of persecution on account of this disability”); Raass v. INS, 692 F.2d 596, 596 (9th Cir.1982) (persecution requires more than "generalized economic disadvantage”).
cited
Cited as authority (rule)
United States v. Ionutescu
United States v. Everett, 692 F.2d 596, 599 (9th Cir.1982).
discussed
Cited as authority (rule)
State v. Huff
See, e.g., United States v. Yang, 281 F.3d 534 , 542 (6th Cir. 2002) (rejecting the defendants' argument that they could not be guilty of conspiring to steal something that was not a trade secret, reasoning that "the basis of the conspiracy charge is the agreement to commit the unlawful act," so it was " 'irrelevant that the ends of the conspiracy were from the very inception of the agreement objectively unattainable'" (quoting United States v. *268 Hsu, 155 F.3d 189, 203 (3d Cir. 1998))); United States v. Rodriguez, 215 F.3d 110, 116 (1st Cir. 2000) (in a drug importation conspiracy case, sta…
discussed
Cited as authority (rule)
United States v. Fiander
See, e.g., Rodriguez, 360 F.3d at 957 (where “the conspiracy arose out of a federal law enforcement sting operation, ... the non-existent status of the target drug traffickers [was] inapposite” because “[impossibility is not a defense to[a] conspiracy charge”); United States v. Bosch, 914 F.2d 1239, 1241 (9th Cir.1990) (rejecting the defendant’s argument that, because the undercover agent never actually possessed cocaine, it was “legally impossible ... to conspire to aid and abet a nonexistent offense”); United States v. Everett, 692 F.2d 596, 599 (9th Cir.1982) (rejecting the de…
discussed
Cited as authority (rule)
United States v. Fiander
See, e.g., United States v. Yang, 281 F.3d 534 , 542 (6th Cir. 2002) (rejecting the defen- dants’ argument that they could not be guilty of conspiring to steal something that was not a trade secret, reasoning that “the basis of the conspiracy charge is the agreement to commit the unlawful act,” so it was “ ‘irrelevant that the ends of the con- spiracy were from the very inception of the agreement objec- tively unattainable’ ” (quoting United States v. Hsu, 155 F.3d 189, 203 (3d Cir. 1998))); United States v. Rodriguez, 215 F.3d 110, 116 (1st Cir. 2000) (in a drug importation cons…
discussed
Cited as authority (rule)
United States v. Gregory
The Ninth Circuit explained, in United States v. Everett, 692 F.2d 596, 600-01 (9th Cir.1982) (internal citations omitted), “Berrigan is considered a minority view on the issue of legal impossibility and most courts and commentators have not adopted the Berrigan approach.
discussed
Cited as authority (rule)
United States v. Kenneth Gregory Lisa Lockhart
The Ninth Circuit explained, in United States v. Everett, 692 F.2d 596, 600-01 (9th Cir.1982) (internal citations omitted), " Berrigan is considered a minority view on the issue of legal impossibility and most courts and commentators have not adopted the Berrigan approach.
cited
Cited as authority (rule)
United States v. Pimentel-Tafolla
It is of no consequence that they were not indicted, see United States v. Everett, 692 F.2d 596, 601 (9th Cir.1982), because the statements were clearly made during the course of the conspiracy.
cited
Cited as authority (rule)
United States v. Pimentel-Tafolla
It is of no consequence that they were not indicted, see United States v. Everett, 692 F.2d 596, 601 (9th Cir.1982), because the statements were clearly made during the course of the conspiracy.
cited
Cited as authority (rule)
United States v. Pimentel-Tafolla
It is of no consequence that they were not indicted, see United States v.. Everett, 692 F.2d 596, 601 (9th Cir.1982), because the statements were clearly made during the course of the conspiracy.
discussed
Cited as authority (rule)
United States v. Francisco Jimenez Recio, United States of America v. Adrian Lopez-Meza
(2×)
See, e.g., Salinas , 522 U.S. at 65 ("It is elementary that a conspiracy may exist and be punished whether or not the substantive crime ensues, for the conspiracy is a distinct evil, dangerous to the public, and so punishable itself."); United States v. Rabinowich , 238 U.S. 78, 86 (1915) ("The conspiracy, however fully formed, may fail of its object, however earnestly pursued; the contemplated crime may never be consummated; yet the conspiracy is none the less punishable."); United States v. Fleming , 215 F.3d 930, 936 (9th Cir. 2000) ("Factual impossibility is not a defense to an inchoate of…
discussed
Cited as authority (rule)
United States v. Parker
“Criminal intent has crystallized, and the likelihood of actual, fulfilled commission warrants preventive action.” Feola, at 694, 95 S.Ct. 1255 ; United States v. Trapilo, 130 F.3d 547 , 553 n. 9. (2d Cir.1997) (quoting United States v. Everett, 692 F.2d 596, 600 (9th Cir.1982) (“[T]he crime of conspiracy is complete upon the agreement to violate the law, ... and is not dependent upon the ultimate success or failure of the planned scheme.”), cert. denied, 460 U.S. 1051 , 103 S.Ct. 1498 , 75 L.Ed.2d 930 (1983)).
cited
Cited as authority (rule)
United States v. Florencio Suarez-Rosario
United States v. Everett, 692 F.2d 596, 601 (9th Cir.1982).
discussed
Cited as authority (rule)
Duarte De Guinac v. Immigration & Naturalization Service
We have used the label “discrimination” for, e.g., “generalized economic disadvantage,” Raass v. INS, 692 F.2d 596, 596 (9th Cir.1982), or where ethnic Fijians “threw rocks at [the house of a Fijian of Indian descent], damaged some of her property, burglarized her home on one occasion, and stole laundry, coconuts, and items from her garage.” Singh III, 134 F.3d at 968-69 .
discussed
Cited as authority (rule)
United States v. Trapilo
United States v. Feola, 420 U.S. 671, 693 , 95 S.Ct. 1255, 1267 , 43 L.Ed.2d 541 (1975). "[T]he crime of conspiracy is complete upon the agreement to violate the law, as implemented by one or more overt acts ..., and is not at all dependent upon the ultimate success or failure of the planned scheme." United States v. Everett, 692 F.2d 596, 600 (9th Cir.1982) (citation and internal quotation marks omitted), cert. denied, 460 U.S. 1051 , 103 S.Ct. 1498 , 75 L.Ed.2d 930 (1983). "[T]he impossibility that the defendants' conduct would result in consummation of the contemplated substantive crime is …
discussed
Cited as authority (rule)
United States v. Trapilo
United States v. Feola, 420 U.S. 671, 693 , 95 S.Ct. 1255, 1267 , 43 L.Ed.2d 541 (1975). "[T]he crime of conspiracy is complete upon the agreement to violate the law, as implemented by one or more overt acts ..., and is not at all dependent upon the ultimate success or failure of the planned scheme.” United States v. Everett, 692 F.2d 596, 600 (9th Cir.1982) (citation and internal quotation marks omitted), cert. denied, 460 U.S. 1051 , 103 S.Ct. 1498 , 75 L.Ed.2d 930 (1983). "[T]he impossibility that the defendants' conduct would result in consummation of the contemplated substantive crime i…
discussed
Cited as authority (rule)
Nelson E. Zambrana-Cuadra v. Immigration and Naturalization Service
See Saballo-Cortez v. INS, 761 F.2d 1259, 1264 (9th Cir.1984) (finding that confiscation of alien's food ration card did not amount to persecution); Raass v. INS, 692 F.2d 596, 596 (9th Cir.1982) (holding that asylum claim requires more than "generalized economic disadvantage"). 6 Next, Zambrana-Cuadra's testimony that the Sandinistas prevented him from practicing his religion could support a finding that he was persecuted because of his religious beliefs, thereby raising a rebuttable presumption that he has a well-founded fear of persecution.
cited
Cited as authority (rule)
Margarita Carolina Rivers-Vado Ervin Enrique Rivers-Vado v. Immigration and Naturalization Service
Raass v. INS, 692 F.2d 596, 596 (9th Cir.1982). 10 There being no well-founded fear of persecution, a fortiori, there is no clear probability of persecution.
discussed
Cited as authority (rule)
Alba Maria Lacayo De Benevides Henry Widmark Benevides-Lacayo Meylin Mayerlis Benevides-Lacayo v. Immigration and Naturalization Service
See Saballo-Cortez v. INS, 761 F.2d 1259, 1264 (9th Cir.1984) (that alien was denied a food card which would have entitled him to discounts on food and a special work permit did not amount to persecution); Raass v. INS, 692 F.2d 596, 596 (9th Cir.1982) (alien seeking asylum must demonstrate "something more than generalized economic disadvantage"). 2.
discussed
Cited as authority (rule)
Noha Filomena Molinares, Baez De Carlos Alfonso Molinares-Mairena Martha Noha Molinares-Baes v. Immigration and Naturalization Service
Saballo-Cortez v. INS, 761 F.2d 1259, 1264 (9th Cir.1984) (citing Raass v. INS, 692 F.2d 596, 596 (9th Cir.1982), for the proposition that asylum relief depends on something more than generalized economic disadvantage at the destination); Ubau-Marenco v. INS, 67 F.3d 750 , 755 (9th Cir.1995) (seizure of family property did not constitute persecution where petitioner's family continued to operate profitable business). 4 Molinares' claims regarding graffiti-vandalism do not raise her claims to the level necessary to warrant relief on the basis of past persecution alone.
discussed
Cited as authority (rule)
Pablo Emilio Aguirre-Castillo Nora Isabel Aguirre Pablo Emilio Aguirre Yaveska Del Soccoro Aguirre Nora Isabel Aguirre-Morales v. Immigration and Naturalization Service
Saballo-Cortez v. INS, 761 F.2d 1259, 1264 (9th Cir.1984) (citing Raass v. INS, 692 F.2d 596, 596 (9th Cir.1982), for the proposition that asylum relief depends on something more than generalized economic disadvantage at the destination). 4 Aguirre's claims regarding graffiti-vandalism do not raise his claims to the level necessary to warrant relief on the basis of past persecution alone.
discussed
Cited as authority (rule)
Jerzy Gatalski v. Immigration and Naturalization Service
Raass v. Immigration and Naturalization Serv., 692 F.2d 596, 596 (9th Cir.1982). 8 Similarly, Gatalski's past persecution in Poland was not so "atrocious" that the BIA abused its discretion when it denied him asylum for humanitarian reasons.
discussed
Cited as authority (rule)
Pablo Felix Cardoza-Herrera v. Immigration and Naturalization Service
See Saballa-Cortez v. INS, 761 F.2d 1259, 1264 (9th Cir.1985) (confiscation of alien's food ration card did not amount to persecution); Raas v. INS, 692 F.2d 596, 596 (9th Cir.1982) (asylum claim requires more than "generalized economic disadvantage").
discussed
Cited as authority (rule)
Paula Elvira Martinez v. Immigration and Naturalization Service
See Saballo-Cortez v. INS, 761 F.2d 1259, 1264 (9th Cir.1985) (finding the fact that petitioner was denied discounts on food does not establish persecution); Raass v. INS, 692 F.2d 596, 596 (9th Cir.1982) (holding that asylum claim requires more than "generalized economic disadvantage").
discussed
Cited as authority (rule)
Graciela Castillo-Ponce Yudaisi Montes De Castillo v. Immigration and Naturalization Service
Cf. Raass v. INS, 692 F.2d 596, 598 (9th Cir.1982). 22 The BIA recognized that Castillo-Ponce was fired from work because of her application to emigrate, but concluded that she failed to prove a well-founded fear of persecution because she eventually obtained a secretarial position in 1983.
discussed
Cited as authority (rule)
Thanya Avellan Joaquin A. Avellan v. Immigration and Naturalization Service
See Saballa-Cortez v. INS, 761 F.2d 1259, 1264 (9th Cir.1985) (confiscation of food discount card did not amount to persecution); Raass v. INS, 692 F.2d 596, 596 (9th Cir.1982) (asylum claim requires more than "generalized economic disadvantage").
discussed
Cited as authority (rule)
Efrain J. Largaespada-Castellanos v. Immigration and Naturalization Service
See Saballa-Cortez v. INS, 761 F.2d 1259, 1264 (9th Cir. 1985) (confiscation of his food ration card did not amount to persecution); Raas v. INS, 692 F.2d 596, 596 (9th Cir. 1982) (asylum claim requires more than "generalized economic disadvantage").
discussed
Cited as authority (rule)
United States v. Duran
United States v. Korn, 557 F.2d 1089, 1091 (5th Cir.1977); Oviedo, 525 F.2d at 885 . 7 The Ninth and Eleventh Circuits have specifically adopted the Fifth Circuit view. 8 See United States v. Everett, 692 F.2d 596, 600 (9th Cir.1982), cert. denied, 460 U.S. 1051 , 103 S.Ct. 1498 , 75 L.Ed.2d 930 (1983); United States v. Bagnariol, 665 F.2d 877, 896 (9th Cir.1981), cert. denied, 456 U.S. 962 , 102 S.Ct. 2040 , 72 L.Ed.2d 487 (1982); United States v. Innella, 690 F.2d 834, 834 (11th Cir.1982), cert. denied, 460 U.S. 1071 , 103 S.Ct. 1526 , 75 L.Ed.2d 949 (1983).
cited
Cited as authority (rule)
Dev Anand Sheetal Anand Arachana Anand v. Immigration & Naturalization Service
Asylum must be based on something more than "generalized economic disadvantage." Raass v. INS, 692 F.2d 596, 596 (9th Cir.1982).
discussed
Cited as authority (rule)
Ramsis Halim Boules v. Immigration and Naturalization Service
Echeverria-Hernandez v. INS, 923 F.2d 688, 691 (9th Cir.1991); see also Saballo-Cortez v. INS, 761 F.2d 1259, 1264 (9th Cir.1985) (denial of discounts on food and work permit for more desirable type of employment does not constitute persecution); Raass v. INS, 692 F.2d 596, 596 (9th Cir.1982) (asylum in the U.S. requires more than "generalized economic disadvantage" in home country); Martinez-Romero v. INS, 692 F.2d 595, 595-596 (9th Cir.1982) ("If we were to agree with the petitioner's contention that no person should be returned to El Salvador because of the reported anarchy present there no…
discussed
Cited as authority (rule)
United States v. Lawrence E. Wood, United States of America v. Daniel Duchaine
(2×)
also: Cited "see, e.g."
Instead, we simply note the evidence did conflict, and, when viewed in the light most favorable to the prosecution, United States v. Everett, 692 F.2d 596, 601 (9th Cir.1982), cert. denied, 460 U.S. 1051 (1983), was sufficient to support the jury's verdict. 26 Wood's contention involving the lack of monetary loss must fail because the case upon which he relies, McNally v. United States, 483 U.S. 350 (1987), did not involve § 371; it involved 18 U.S.C. § 1341 , which prohibits mail fraud.
discussed
Cited as authority (rule)
Roman Horbacz v. United States Immigration and Naturalization Service
A claim for asylum based on economic hardship "depends on something more than generalized economic disadvantage at the destination." Raass v. INS, 692 F.2d 596, 596 (9th Cir.1982). 8 We agree with the BIA that Horbacz has failed to establish statutory eligibility for asylum.
cited
Cited as authority (rule)
Wlodzimierz Chmielewski v. United States Immigration and Naturalization Service
A claim for asylum based on economic hardship "depends on something more than generalized economic disadvantage at the destination." Raass v. INS, 692 F.2d 596, 596 (9th Cir.1982).
discussed
Cited as authority (rule)
Mikolaj Bijan v. Immigration and Naturalization Service
A claim for asylum based on economic hardship, however, requires "something more than generalized economic disadvantage at the destination." Raass v. INS, 692 F.2d 596, 596 (9th Cir.1982). 8 In assessing the reasonableness of the alien's fear of persecution, the BIA may take administrative notice of changed political conditions within the applicant's native country.
discussed
Cited as authority (rule)
Zbigniew Iwan v. United States Immigration and Naturalization Service
A claim for asylum based on economic hardship "depends on something more than generalized economic disadvantage at the destination." Raass v. INS, 692 F.2d 596, 596 (9th Cir.1982). 11 Here, we agree with the BIA that Iwan's employment difficulties did not amount to persecution.
discussed
Cited as authority (rule)
Dariusz Kaminski v. United States Immigration and Naturalization Service
A claim for asylum based on economic hardship "depends on something more than generalized economic disadvantage at the destination." Raass v. INS, 692 F.2d 596, 596 (9th Cir.1982). 12 Here, Kaminski testified that he was denied a promotion because of his involvement with Solidarity.
cited
Cited as authority (rule)
United States v. Jearold Kenneth Williams, United States of America v. George Allen
United States v. Everett, 692 F.2d 596, 601 (9th Cir.1982), cert. denied, 460 U.S. 1051 , 103 S.Ct. 1498 , 75 L.Ed.2d 930 , and cert. denied, 460 U.S. 1053 , 103 S.Ct. 1502 , 75 L.Ed.2d 932 (1983).
discussed
Cited as authority (rule)
Lech Auriga v. United States Immigration and Naturalization Service
(2×)
also: Cited "see"
A claim for asylum based on economic hardship "depends on something more than generalized economic disadvantage at the destination." Raass v. INS, 692 F.2d 596, 596 (9th Cir.1982). 20 Here, we agree with the BIA's finding that Auriga's employment difficulties did not amount to persecution.
discussed
Cited as authority (rule)
United States v. George Robert Bosch, Jr.
(2×)
We ruled against an identical argument in the related appeal by Bosch’s father, however, observing that “[w]e have ‘rejected the doctrine of legal impossibility as a defense to a charge of conspiracy.’ ” Bosch, Sr., 914 F.2d at 1241 , quoting United States v. Everett, 692 F.2d 596, 599 (9th Cir.1982), cert. denied, 460 U.S. 1051 , 103 S.Ct. 1498 , 75 L.Ed.2d 930 (1983).
discussed
Cited as authority (rule)
United States v. George Humberto Bosch, Sr.
We have “rejected the doctrine of legal impossibility as a defense to a charge of conspiracy.” United States v. Everett, 692 F.2d 596, 599 (9th Cir.1982), cert. denied, 460 U.S. 1051 , 103 S.Ct. 1498 , 75 L.Ed.2d 930 (1983).
cited
Cited as authority (rule)
United States v. Laurie Jane Luttrell, United States of America v. William Dale Kegley, Aka: Bill Kegley
United States v. Everett, 692 F.2d 596, 600 (9th Cir.1982), cert. denied, 460 U.S. 1051 , 103 S.Ct. 1498 , 75 L.Ed.2d 930 (1983).
discussed
Cited as authority (rule)
United States v. John Thomas Tuohey
United States v. Everett, 692 F.2d 596, 601 (9th Cir.1982), cert. denied, 460 U.S. 1051 , 103 S.Ct. 1498 , 75 L.Ed.2d 930 (1983); see also United States v. Andreen, 628 F.2d 1236, 1248 (9th Cir.1980) (identical elements but divided into four rather than three).
cited
Cited as authority (rule)
United States v. George MacArthur Posey, III
United States v. Everett, 692 F.2d 596, 599 (9th Cir.1982), ce rt. denied, 460 U.S. 1051 , 103 S.Ct. 1498 , 75 L.Ed.2d 930 (1983); United States v. Sanford, 547 F.2d 1085 (9th Cir.1976).
discussed
Cited as authority (rule)
United States v. Yerli
United States v. Everett, 692 F.2d 596, 601 (9th Cir.1982), cert. denied, 460 U.S. 1051 (1983); Melchor-Lopez, 627 F.2d 886, 891 . 17 The evidence regarding Yerli's connection to the conspiracy consists of the three tape-recorded telephone calls that took place between Yerli and Akensel in April of 1986.
discussed
Cited as authority (rule)
United States v. Rosengarten
United States v. Klein, 247 F.2d 908, 915-18 (2d Cir.1957), cert. denied, 355 U.S. 924 , 78 S.Ct. 365 , 2 L.Ed.2d 354 (1958); United States v. Everett, 692 F.2d 596, 599 (9th Cir.1982), cert. denied, 460 U.S. 1051 , 103 S.Ct. 1498 , 75 L.Ed.2d 930 (1983).
discussed
Cited as authority (rule)
United States v. Rosengarten
United States v. Klein, 247 F.2d 908, 915-18 (2d Cir.1957), cert. denied, 355 U.S. 924 , 78 S.Ct. 365 , 2 L.Ed.2d 354 (1958); United States v. Everett, 692 F.2d 596, 599 (9th Cir.1982), cert. denied, 460 U.S. 1051 , 103 S.Ct. 1498 , 75 L.Ed.2d 930 (1983).
cited
Cited as authority (rule)
United States v. Manuel Gonzalez, United States of America v. Tanya Gonzalez
United States v. Everett, 692 F.2d 596, 601 (9th Cir.1982), cert. denied, 460 U.S. 1051 , 103 S.Ct. 1498 , 75 L.Ed.2d 930 (1983).
cited
Cited as authority (rule)
United States v. Charles Eugene Monks, United States of America v. Gary A. Holt
United States v. Everett, 692 F.2d 596, 601 (9th Cir.1982) (quoting United States v. Samango, 607 F.2d 877, 885 (9th Cir.1979)), cert. denied, 460 U.S. 1051 , 103 S.Ct. 1498 , 75 L.Ed.2d 930 (1983).
discussed
Cited as authority (rule)
United States v. Thomas A. Lane
See United States v. Johnson, 383 U.S. 169, 172 , 86 S.Ct. 749, 751 , 15 L.Ed.2d 681 (1966); Hammerschmidt v. United States, 265 U.S. 182, 188 , 44 S.Ct. 511, 512 , 68 L.Ed. 968 (1924); United States v. Everett, 692 F.2d 596, 599 (9th Cir.1982), cert. de *1380 nied, 460 U.S. 1051 , 103 S.Ct. 1498, 1502 , 75 L.Ed.2d 930 (1983).
Retrieving the full opinion text from the archive…
Kisi Petelosanele Raass
v.
Immigration and Naturalization Service, Tevita Ngaluafe and Christina Ngaluafe v. Immigration and Naturalization Service
v.
Immigration and Naturalization Service, Tevita Ngaluafe and Christina Ngaluafe v. Immigration and Naturalization Service
82-7203.
Court of Appeals for the Ninth Circuit.
Nov 10, 1982.
Cited by 36 opinions | Published
Kisi Petelosanele RAASS, Petitioner,
v.
IMMIGRATION AND NATURALIZATION SERVICE, Respondent.
Tevita NGALUAFE and Christina Ngaluafe, Petitioners,
v.
IMMIGRATION AND NATURALIZATION SERVICE, Respondent.
Nos. 82-7203, 82-7204.
United States Court of Appeals,
Ninth Circuit.
Argued and Submitted Nov. 2, 1982.
Decided Nov. 10, 1982.
J. Scott Tims, El Monte, Cal., for petitioners.
Ingrid Hrycenko, Asst. U.S. Atty., Los Angeles, Cal., for respondent.
On Petition for Review of an Order of the Board of Immigration Appeals.
Before CHAMBERS, ROBB[*] and ALARCON, Circuit Judges.
[*~596]1
These petitioners have been ordered deported to the Tonga nation where they were born. They assert that in Tonga they would be deprived of rights to land because they do not have the right lineal history.
[*~598]2
The relief of asylum in the United States depends on something more than generalized economic disadvantage at the destination.
[*~599]3
There is not substantial claim of a probable political persecution as decided under the heretofore decided cases.
[*~601]4
The records support the determination made by the Immigration Judge.
*
The Honorable Roger Robb, United States Circuit Judge for the Court of Appeals for the District of Columbia, sitting by designation