September 12, 2007 Ninth Circuit Opinions
On Wednesday, September 12, 2007, the Ninth Circuit issued two published:
In Zurich American Insurance Company v. International Fibercom, Inc., the Ninth Circuit upheld the bankruptcy court’s method of correcting an error made in granting a § 365 assumption that was unauthorized as the contract in question was not executory, and therefore, could not be assumed. The BK court interpreted the assumption order in a way that rendered the order authorized under § 365, by limiting its terms to post petition debt.
In Marmolejo-Campos v. Gonzales, the Ninth Circuit held a violation of Arizona Rev. Stat. § 28-1383(A)(1) for aggravated DUI (DUI while license suspended) while actually driving is a crime involving moral turpitude. Accordingly, conviction of this offense can justify removal of an alien. Senior Judge Nelson dissents, asserting that calling this conduct morally turpitudinous is illogical and unreasonable.
