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Federal Courts -
11th Circuit Court of Appeals - March 1, 2006
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Barreto v. United States AG, No. 05-14284 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 1, 2006, Decided , March 1, 2006, Filed
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Overview: Alien's petition for review of BIA order affirming immigration judge's denial of asylum and withholding of removal was denied; even if the alien's testimony had been consistent and credible, because Colombia paramilitary groups threatened the alien only by phone, he failed to establish past persecution for purposes of 8 U.S.C.S. § 1101(a)(42).
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Douglas v. Ala. Dep't of Mental Health & Mental Retardation, No. 05-13880 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 1, 2006, Decided , March 1, 2006, Filed
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Overview: Summary judgment against former employee was affirmed as to race discrimination claim, 42 U.S.C.S. § 2000e-2(a)(1). Employee conceded she violated employer's rules against carrying bags around patients after receiving numerous reprimands from the employer, and record evidence showed she was reprimanded for laughing at patient.
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Monroy v. United States AG, No. 05-14285 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 1, 2006, Decided , March 1, 2006, Filed
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Overview: An alien's petition for review was denied because substantial evidence supported the BIA's conclusion that the alien failed to meet his burden of proving past persecution or a well-founded fear of persecution. The alien was not eligible for asylum, withholding of removal, or CAT relief.
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United States v. Durham, No. 05-12298 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 1, 2006, Decided , March 1, 2006, Filed
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Overview: Denial of motion to withdraw plea of guilty to charge of violating 21 U.S.C.S. § 846 was affirmed; even if district court failed to explain elements of offense, it observed core objectives of Fed. R. Crim. P. 11 by ensuring that defendant discussed indictment with counsel, by explaining penalties, and by addressing rights waived by pleading guilty.
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