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| Niftaliev v. United States AG, No. 06-12708 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 8, 2007, Decided , January 8, 2007, Filed
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Overview: Because only the alien's last 15-day detention by Ukrainian police approached the level of mistreatment that could be characterized as past persecution and the other incidents were best seen as mere harassment, his petition for review of a BIA decision denying his application for withholding of removal under 8 U.S.C.S. § 1231(b)(3) was denied.
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| Osorio v. United States AG, No. 06-13744 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 8, 2007, Decided , January 8, 2007, Filed
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Overview: Because the aliens sought review more than 30 days after the BIA dismissed their appeal, and the aliens' motion to reconsider did not affect the dismissal order's finality, under 8 U.S.C.S. § 1252(b)(1), the court lacked jurisdiction to address the merits of the BIA's decision affirming the IJ's denial of the request for asylum.
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| United States v. Fernandez, No. 06-10336 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 8, 2007, Decided , January 8, 2007, Filed
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Overview: While U.S. Sentencing Guidelines Manual app. C, amend. 591, could be applied retroactively, judicially found facts could be used to select a base offense level within the relevant Guideline, and since defendant conceded that U.S. Sentencing Guidelines Manual § 2D1.1 was properly relied upon, denying the 18 U.S.C.S. § 3582(c)(2) motion was affirmed.
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| United States v. Lambert, No. 06-11940 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 8, 2007, Decided , January 8, 2007, Filed
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Overview: While defendant was disabled and his sole income came from disability benefits, his land and car were worth $ 40,000, and the record showed undisclosed assets of firearms and ammunition, the guns that led to his crime; a $ 1,000 fine was affirmed under U.S. Sentencing Guidelines Manual § 5E1.2 (2005).
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| Xiaozhong Shi v. United States AG, No. 06-13187 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 8, 2007, Decided , January 8, 2007, Filed
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Overview: Where the alien testified Chinese officials tried to arrest him for selling the books at an unregulated flea market, that his father was arrested for smuggling, and he knew not why police tried to arrest him at his uncle's, the finding that he was not persecuted under 8 U.S.C.S. §§ 1101(a)(42)(A), 1231(b)(3), for Falun Gong membership was affirmed.
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