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| Atlanta Journal & Constitution v. City of Atlanta Dep't of Aviation, No. 04-16721, No. 04-16723,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 15, 2006, Decided , March 15, 2006, Filed
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Overview: In light of the constitutional successes achieved by publishers on behalf of themselves and others and the litigation tactics of city department of aviation, the district court did not abuse its discretion when it ordered the department to pay 80 percent of the publishers' attorneys' fees and costs pursuant to 42 U.S.C.S. § 1988.
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| Cooper v. United States Dep't of Treasury, No. 05-14417 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 15, 2006, Decided , March 15, 2006, Filed
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Overview: Privacy Act claims were properly dismissed against government officials under 28 U.S.C.S. § 1915A based on law of case doctrine because district court had previously denied prisoner's motion to set aside forfeiture order, which had been affirmed on appeal, so that DEA's declaration of forfeiture had been plainly considered and was deemed correct.
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| Corea v. United States AG, No. 05-14479 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 15, 2006, Decided , March 15, 2006, Filed
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Overview: As alien conceded to IJ that Child Status Protection Act, 8 U.S.C.S. §§ 1151-53, did not apply to § 202 of Nicaraguan Adjustment and Central American Relief Act, Pub. L. No. 105-100, 111 Stat. 2160, 2193 (1997), applications and as he made no constitutional argument, court did not consider whether BIA erred in denying application on that ground.
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| Dohrmann v. United States, No. 05-15360 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 15, 2006, Decided , March 15, 2006, Filed
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Overview: Order denying petitioner's petition for a writ of habeas corpus was affirmed because the court agreed with its sister circuits that Apprendi did not apply to a restitution order, and that Apprendi did not apply retroactively in the context of a 28 U.S.C.S. § 2241 petition.
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| Filius v. Potter, No. 05-13771 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 15, 2006, Decided , March 15, 2006, Filed
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Overview: An employer was properly granted Fed. R. Civ. P. 56(c) summary judgment. An employee failed to show Title VII race or national origin discrimination as there was no evidence of a similarly situated employee being treated differently, and he failed to show Title VII retaliation from placement on non-pay status as it was required by a union contract.
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| Haque v. United States AG, No. 05-13947 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 15, 2006, Decided , March 15, 2006, Filed
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Overview: An alien's petition was denied because an IJ had not abused his discretion by denying the alien's motion for a continuance pending the issuance of a labor certificate. It was not certain that the alien would receive a labor certificate at the time of his request for a continuance.
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| Howard v. Wal-Mart, No. 05-11759 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 15, 2006, Decided , March 15, 2006, Filed
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Overview: A district court's grant of summary judgment was vacated, and the case was remanded with instructions that the district court remand the case to state court because a criminal's constitutional claims against a retailer and several employees were insubstantial and frivolous; therefore, the district court lacked original jurisdiction over the case.
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| Javaid v. United States AG, No. 05-13249 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 15, 2006, Decided , March 15, 2006, Filed
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Overview: Removal of an alien, a native and citizen of Pakistan, was upheld because there was substantial evidence supporting an IJ's determination that the alien lacked credibility and that he did not establish a clear probability under 8 U.S.C.S. § 1231(b)(3) that he would be subjected to persecution for his political opinion if returned to Pakistan.
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| Marks v. Vasquez, No. 05-15708 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 15, 2006, Decided , March 15, 2006, Filed
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