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Federal Courts -
11th Circuit Court of Appeals - January 17, 2006
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Bowers v. Universal City Dev. Ptnrs, Ltd., No. 05-12824, Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 17, 2006, Decided , January 17, 2006, Filed
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Caro v. United States AG, No. 05-13467, Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 17, 2006, Decided , January 17, 2006, Filed
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Overview: Alien was not entitled to asylum and withholding of removal, 8 U.S.C.S. §§ 1158 and 1231(b)(3), because 1) given that most of the alleged political persecution in Colombia came when alien was living in U.S., that persecution seemed unlikely; and 2) there was no corroborating evidence supporting his alleged kidnaping or the threats made against him.
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Garbo, Inc. v. City of Key West, No. 05-12415, Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 17, 2006, Decided , January 17, 2006, Filed
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Jiang v. United States AG, No. 05-13113, Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 17, 2006, Decided , January 17, 2006, Filed
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Overview: Where there was no evidence in the record that an alien had been physically injured by the Chinese government or that his illegal departure from China would cause him harm if he returned, the court was not compelled to conclude that the alien met his burden of proving past persecution or a well-founded fear of persecution.
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Mera v. United States AG, No. 05-12394, Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 17, 2006, Decided , January 17, 2006, Filed
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Overview: Where the Board of Immigration Appeals had determined that an asylum applicant's application was untimely, the appellate court lacked jurisdiction to review the denial of the application for asylum as time-barred pursuant to 8 U.S.C.S. § 1158(a)(3).
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Namen v. United States Ag, No. 05-14348, Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 17, 2006, Decided , January 17, 2006, Filed
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Overview: BIA did not err in denying alien's motion to reconsider affirmance of removal order because alien failed to identify any evidence that BIA ignored or misconstrued and evidence that alien participated as a member of a political party did not, by itself, establish that his alleged persecution was causally linked with his participation.
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Salas v. Tillman, No. 05-10399 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 17, 2006, Decided , January 17, 2006, Filed
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Overview: District court correctly concluded that the inmate had not stated a claim against certain defendants because, at best, his allegations against them averred negligence, and the fact that he may have desired different modes of treatment did not amount to deliberate indifference to serious medical needs in violation of the Eighth Amendment.
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