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| Castellanos v. United States AG, No. 06-13499 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 9, 2007, Decided , February 9, 2007, Filed
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Overview: Substantial evidence supported immigration judge's denial of alien's application for asylum and withholding of removal; alien failed to show that he was persecuted where he received threatening phone calls from pro-Chavez group, alien's business was vandalized, and he was beaten up, and alien could relocate within Venezuela to avoid the group.
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| Garcia v. United States AG, No. 05-16212,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 9, 2007, Decided , February 9, 2007, Filed
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Overview: Where an alien from Columbia alleged that she was threatened by an insurgent group when she refused to pay them a "war tax," substantial evidence supported the denial of her asylum application under 8 U.S.C.S. §§ 1101 and 1158 since she was not targeted because she belonged to a particular social group or because of her political opinion.
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| Guy v. Allstate Floridian Ins. Co., No. 06-14250 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 9, 2007, Decided , February 9, 2007, Filed
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Overview: The district court's order denying class certification was affirmed because it correctly found that: (1) the insured could not establish common questions of law and fact, (2) common issues did not predominate, and (3) a class action was not the superior method to resolve claims seeking mold remediation benefits under homeowners insurance policies.
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| Ladino-Lopez v. United States AG, No. 06-13942 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 9, 2007, Decided , February 9, 2007, Filed
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Overview: That part of an alien's petition for review regarding her asylum and withholding of removal claims was dismissed because the appellate court lacked jurisdiction since the petition was untimely, and that part of the petition regarding the denial of her motion to reopen was denied because two letters did not constitute new evidence.
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| Min Qi Wen v. United States AG, No. 06-11478 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 9, 2007, Decided , February 9, 2007, Filed
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Overview: IJ's denial of asylum or CAT relief to a Chinese citizen who claimed to have fled after getting his girlfriend pregnant in violation of China's strict population control policies was upheld based on an adverse credibility determination; he also failed to show persecution by the Chinese government or refugee status under 8 U.S.C.S. § 1101(a)(42)(B).
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| Nates v. United States AG, No. 06-12742 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 9, 2007, Decided , February 9, 2007, Filed
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Overview: BIA did not abuse its discretion in denying alien's motion to reopen because motion was not timely filed under 8 C.F.R. § 1003.2(c)(2) and 8 U.S.C.S. § 1229a(c)(7)(C)(i), none of the proffered evidence established changed circumstances in Colombia after alien's asylum hearing, and alien failed to satisfy exception to timely filing requirement.
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| Njenga v. United States AG, No. 06-11736 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 9, 2007, Decided , February 9, 2007, Filed
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Overview: Failure to meet stringent asylum standard resulted in proper denial of withholding of removal; IJ properly found that Kenyan woman's enterprise group was not "social group," 8 U.S.C.S. §§ 1158, 1101(a)(42)(A), and that persecutors were not government-supported. 8 U.S.C.S. §§ 1158(a)(3), 1129c(f) divested court of jurisdiction on remaining issues.
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| Rodas-Sebastian v. United States AG, No. 06-13045 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 9, 2007, Decided , February 9, 2007, Filed
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Overview: The part of an alien's petition addressing her asylum, withholding of removal, and CAT relief claims was dismissed because the petition was untimely, and that part of the petition addressing denial of the alien's motion to reopen was denied since the BIA did not abuse its discretion in denying an untimely motion to reopen.
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| United States v. Gonzalez, No. 06-14045 Non-Argument Calendar, No. 06-14046 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 9, 2007, Decided , February 9, 2007, Filed
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Overview: Defendant's 62-month sentence for violating 21 U.S.C.S. § 846 and one-month sentence for violating 18 U.S.C.S. § 3146(a)(1) were affirmed because his sentences were enhanced for obstruction of justice; therefore he was not entitled to an acceptance of responsibility reduction, and defendant did not show that his sentences were unreasonable.
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