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| Bernal v. United States AG, No. 06-15044 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 15, 2007, Decided , March 15, 2007, Filed
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Overview: An alien's petition for review was denied because, inter alia, the evidence was consistent with the IJ's finding that the FARC threatened the alien and her family due to their refusal to pay ransom, and did not involve any imputed political opinion. The alien failed to establish either past persecution or a well-founded fear of future persecution.
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| Bevan v. Lee County SO, No. 06-14668 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 15, 2007, Decided , March 15, 2007, Filed
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Overview: District court did not abuse its discretion in finding that plaintiff brought frivolous case against individuals, under 42 U.S.C.S. § 1988, as plaintiff did not establish a prima facie case against individuals as to any of his § 1983 claims, individuals made no offer to settle, and cases against individuals were dismissed at summary judgment stage.
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| Candra v. United States AG, No. 06-13880 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 15, 2007, Decided , March 15, 2007, Filed
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Overview: A federal appellate court lacked jurisdiction to review BIA's dismissal of Indonesian citizen's asylum petition on statute of limitations grounds; pursuant to 8 U.S.C.S. § 1158(a)(3), the decision was not reviewable by any court, and 8 U.S.C.S. § 1252(a)(2)(D) of REAL ID Act did not permit review because the claim was not of constitutional stature.
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| Davis v. NPC Pizza Hut, No. 06-15122 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 15, 2007, Decided , March 15, 2007, Filed
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Overview: Employees' Title VII race discrimination claims were properly dismissed upon summary judgment; evidence showed that Caucasian who was promoted to area manager of employer's restaurant chain was more qualified than employees because she had managed multiple restaurants at one time, whereas employees, at most, had managed one restaurant at a time.
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| Ellis v. Bureau of Prisons, No. 06-10912 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 15, 2007, Decided , March 15, 2007, Filed
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Overview: Because the inmate's same arguments as to his sentence had been raised and rejected in other courts, with one finding no entitlement to concurrent sentences or credit for federal time previously served because that time was credited to a state sentence, the 28 U.S.C.S. § 1915A dismissal of such a Bivens claim against BOP officials was affirmed.
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| Faust v. Pemco Aeroplex, Inc., No. 06-12313 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 15, 2007, Decided , March 15, 2007, Filed
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Overview: District court did not err by entering summary judgment for employer in employment discrimination action as employee was not an individual with a disability, under ADA, because, although employee had physical impairment, there was no evidence that employee's restrictions substantially limited major life activities she identified, including working.
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| Hussain v. United States AG, No. 05-17209 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 15, 2007, Decided , March 15, 2007, Filed
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Overview: An alien's petition was denied as the BIA did not abuse its discretion in denying his motion to reopen; he had conceded that he could not rely on his wife's labor certification to support his claim of being a grandfathered alien. The administrative record did not provide other evidence that he was the beneficiary of an approved labor certification.
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| Jackson v. Con-Way Transp. Servs., No. 06-14417 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 15, 2007, Decided , March 15, 2007, Filed
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Overview: District court properly refused to allow motorists to reinstate personal injury suit against trucking company where motorists executed settlement agreement and cashed settlement check; there was no evidence that they breached agreement's nondisclosure provision where settlement sum was not revealed to lienor, and agreement could not be repudiated.
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| Johnson v. United States AG, No. 06-14584 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 15, 2007, Decided , March 15, 2007, Filed
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Overview: Because alien did not notify INS of change of address under 8 U.S.C.S. § 1305, he could not complain that he was not provided and did not receive notice of deportation hearing under 8 U.S.C.S. § 1229(a). BIA did not abuse discretion in denying motion to reopen proceedings ordering in absentia removal to Jamaica under 8 U.S.C.S. § 1229a(b)(5)(C).
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