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| Evans v. United States, No. 06-11879 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 27, 2007, Decided , February 27, 2007, Filed
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Overview: An inmate's § 2255 motion was properly denied. His substantive claims were procedurally defaulted. He failed to show that his attorneys rendered ineffective legal assistance to him. Although he possessed only chalk, inmate admitted elements necessary to support his guilty plea to 21 U.S.C.S. §§ 841(a)(1), 846, attempted cocaine possession offense.
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| Gomez v. United States AG, No. 06-13212 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 27, 2007, Decided , February 27, 2007, Filed
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Overview: Alien's petition for review of denial of asylum and withholding of removal was denied because he had not argued that IJ's adverse credibility finding was in error, and therefore, he had not met his burden to show that finding was not supported by specific, cogent reasons or based on substantial evidence; by not raising issue, alien abandoned it.
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| Guerrero-Gomez v. United States AG, No. 06-13419 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 27, 2007, Decided , February 27, 2007, Filed
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Overview: The BIA's order dismissing an appeal and affirming an immigration judge's denial of asylum and withholding of removal was affirmed because an alien had not suffered past persecution from the Revolutionary Armed Forces of Colombia, and the alien had not shown that his fear of future persecution was objectively reasonable.
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| Harbaugh v. Greslin, No. 06-13706 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 27, 2007, Decided , February 27, 2007, Filed
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| Helms v. Gen. Dynamics Corp., No. 05-16671,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 27, 2007, Decided , February 27, 2007, Filed
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Overview: On rehearing, appeals court found that ERISA plan administrator's denial of short-term disability benefits for chronic, debilitating headaches was arbitrary under 29 U.S.C.S. § 1104(a)(1)(D) because the administrator relied solely on a nurse's review and failed to follow its own procedures for seeking peer review or an independent medical exam.
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| J.P. v. Cherokee County Bd. of Educ., No. 06-13525 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 27, 2007, Decided , February 27, 2007, Filed
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Overview: Action brought by minor and his father alleging IDEA violations was properly dismissed because minor's alleged injuries primarily related to provision of his "free and appropriate public education" and, thus, constituted educational injuries, so they had to exhaust administrative remedies pursuant to 20 U.S.C.S. § 1415(l) before filing suit.
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| Marin v. United States AG, No. 06-13576 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 27, 2007, Decided , February 27, 2007, Filed
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Overview: An untimely asylum petition by an Argentinean beautician who overstayed her entry into U.S. under Visa Waiver Program based on fear of age discrimination in employment in her homeland was dismissed; an appeals court lacked jurisdiction under 8 U.S.C.S. § 1158(a)(3), to review BIA's determination that she failed to show extraordinary circumstances.
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| Popiel v. Commonwealth Land Title Ins. Co., No. 06-15419 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 27, 2007, Decided , February 27, 2007, Filed
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| Ripley v. Lake City, No. 06-14986 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 27, 2007, Decided , February 27, 2007, Filed
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Overview: Judgment as a matter of law was properly granted to city in police officer's suit alleging that police conducted unlawful search of his home; search was reasonable where conducted to protect officer and others from his disoriented behavior, and police only took department equipment and empty pill bottles to show doctors who were treating officer.
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