Penuliar v. Mukasey, 523 F.3d 963 (9th Cir. Apr. 22, 2008) ("The panel in Penuliar therefore stated: "Arteaga is therefore not precedent with regard to application of the Taylor modified categorical approach to any particular kind of documents or any specific language appearing in those documents. Legal rulings in a prior opinion are applicable to future cases only to the degree one can ascertain from the opinion itself the reach of the ruling. Where the underlying facts do not appear, later courts are bound by any rule of law explicitly announced, but not by the application of that law to unstated factual circumstances. Cf. Hart v. Massanari, 266 F.3d 1155, 1172 (2001) (stating that to determine whether an opinion represents "controlling authority [courts] must parse precedent in light of the facts presented and the rule announced"); In re Osborne, 76 F.3d 306, 309 (9th Cir.1996) ("Insofar as precedent is concerned, stare decisis is important only for the decision, for the detailed legal consequence following a detailed set of facts.").")

jurisdiction: 
Ninth Circuit

 

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