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   Federal Courts - 11th Circuit Court of Appeals - February 14, 2007

  
Leonides v. United States AG, Nos. 06-10355, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 14, 2007, Decided , February 14, 2007, Filed
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Overview: In a case involving an in absentia order of deportation, an alien's petitions for review were denied because the BIA did not err when it construed the alien's motion to vacate as a motion to reopen, and the BIA did not err when it denied the alien's motion to reopen as numerically barred.

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Optimum Techs., Inc. v. Home Depot U.S.A., Inc., No. 06-14432 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 14, 2007, Decided , February 14, 2007, Filed
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Overview: In a Lanham Act case, a district court's grant of partial summary judgment in favor of a retailer regarding a trademark holder's claim for the retailer's profits, attorney fees, and enhanced damages was affirmed since the retailer's conduct was not willful, there was no showing of unjust enrichment, and the case was not an exceptional case.

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Parker v. Potter, No. 06-13739 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 14, 2007, Decided , February 14, 2007, Filed
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Overview: Although district court properly held that mortgagor did not allege facts showing that mortgagee's assignee was "creditor" as defined in 15 U.S.C.S. § 1602(f), it erred in dismissing TILA suit under Fed. R. Civ. P. 12(b)(6) without determining if mortgagor sufficiently alleged claim for recission against assignee under 15 U.S.C.S. §§ 1641(c), 1635.

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Pineda v. United States AG, No. 06-13627 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 14, 2007, Decided , February 14, 2007, Filed
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Overview: An alien's petition for review was denied since the record did not compel the finding of a nexus between his alleged persecution by the Revolutionary Armed Forces of Colombia and his political opinion. The alien did not show past persecution or a well-founded fear of persecution because of his political beliefs.

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Uddin v. United States AG, No. 06-12992 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 14, 2007, Decided , February 14, 2007, Filed
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Overview: That part of an alien's petition for review addressing the underlying BIA order affirming an IJ's denial of the alien's motion to reopen was dismissed since the petition was untimely as to that order, the petition was otherwise denied because the BIA did not abuse its discretion denying the alien's motion to reopen.

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United States v. Jones, No. 06-13639 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 14, 2007, Decided , February 14, 2007, Filed
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United States v. Zarabia, No. 05-17200 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 14, 2007, Decided , February 14, 2007, Filed
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Overview: District court's imposition of one additional criminal history point under U.S. Sentencing Guidelines Manual § 4A1.1(e) was proper because defendant committed part of his illegal re-entry offense, namely returning to the United States without permission, in violation of 8 U.S.C.S. § 1326, less than two years after his release from imprisonment.

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Williams v. Morgan, No. 06-11892, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 14, 2007, Decided , February 14, 2007, Filed
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Overview: Public morality survived as a rational basis for legislation even after Lawrence v. Texas, and the State of Alabama's interest in the preservation of public morality remained a rational basis for Ala. Code § 13A-12-200.2(a)(1) which banned the commercial distribution of certain sexual devices.

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