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| Arias v. United States AG, No. 06-13459 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 20, 2007, Filed
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Overview: A lawful permanent resident's petition challenging the denial of his request for a former INA § 212(c) waiver of inadmissibility was dismissed for lack of jurisdiction because the resident's constitutional claims were not colorable and were abuse of discretion arguments merely couched in constitutional language.
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| Bachem v. United States AG, No. 06-14333 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 20, 2007, Decided , March 20, 2007, Filed
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Overview: Alien was properly denied asylum and withholding of removal under 8 U.S.C.S. §§ 1158, 1231 because he failed to show past persecution where he was never arrested, beaten, or physically tortured and verbal threats were insufficient. He could not show refugee status for asylum, and an adverse credibility finding was supported by substantial evidence.
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| Baron v. United States AG, No. 06-14128 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 20, 2007, Decided
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Overview: Court of appeals denied alien's petition seeking review of an IJ's decision that he was not eligible for asylum, withholding of removal, or relief under the CAT because record supported IJ's determination that the alien had not shown he was persecuted by Revolutionary Armed Forces of Colombia or would be persecuted if he were returned to Columbia.
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| Hernando Arango v. United States AG, No. 06-13506 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 20, 2007, Decided , March 20, 2007, Filed
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Overview: An alien's petition was denied as to the withholding of removal claim because the evidence supported the IJ's conclusions and the BIA's conclusions that he was targeted because he refused to cooperate with the FARC by paying their extortion demands, which did not meet the burden for withholding of removal.
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| Mira v. United States AG, No. 06-13357 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 20, 2007, Decided , March 20, 2007, Filed
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Overview: Threatening calls and letters alien and wife received were insufficient to establish eligibility for asylum on basis of past persecution. Even assuming that alien being shot at amounted to persecution, there was no evidence compelling conclusion that Armed Revolutionary Forces of Colombia orchestrated attack on basis of alien's political opinion.
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| Thompson v. United States, No. 05-16970,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 20, 2007, Decided , March 20, 2007, Filed
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Overview: Because counsel did not adequately consult with defendant about his right to appeal and a reasonable probability existed that, had there been adequate consultation, defendant would have appealed his differential sentence as to codefendants, defendant established ineffective assistance of counsel, and judgment denying his § 2255 motion was reversed.
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| United States v. Dewater, No. 06-14385 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 20, 2007, Decided , March 20, 2007, Filed
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Overview: Conviction for drug and firearm offenses after plea of guilty was affirmed because alleged error was invited in that defendant chose not to withdraw plea after allegations of misrepresentation and under Fed. R. Crim. P. 11, plea colloquy showed that plea was voluntary and knowing as to the fact that the sentence would be determined by trial court.
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| United States v. Glover, No. 06-11307 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 20, 2007, Decided , March 20, 2007, Filed
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Overview: Defendant's 72-month sentence for violating 18 U.S.C.S. § 922(g)(1) was affirmed because the district court did not engage in impermissible double counting, and the sentence was neither procedurally nor substantively unreasonable; the district court considered the 18 U.S.C.S. § 3553(a) factors, and the sentence was at the low end of the USSG.
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| United States v. Jones, No. 05-17090 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 20, 2007, Decided , March 20, 2007, Filed
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