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| Banda v. N.J. Dep't of Mental Health Servs., NO. 05-4142,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 4, 2006, Filed
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Overview: Plaintiff's appeal from dismissal of his § 1983 action under 28 U.S.C.S. § 1915(e)(2)(B)(ii) was dismissed as frivolous pursuant to § 1915(e)(2)(B) because action challenged his involuntarily commitment under New Jersey Sexually Violent Predator Act, so his claim for immediate release had to be sought through petition for writ of habeas corpus.
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| In re D'Amario, NO. 05-5224,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 4, 2006, Filed
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Overview: Inmate's petition for writ of mandamus to compel district court to release and to recuse district judge from further participating in his § 2255 motion was denied because petition directly challenged his conviction and sentence and, thus, should be brought under § 2255, and request to recuse was moot as judge had ruled on motion.
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| Marin v. Gonzales, No. 04-2727,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 4, 2006, Filed
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Overview: Alien was properly denied asylum because even if three threatening phone calls that he received over course of four years while he was in Columbia were the true reason that he left, they were not based on any of five grounds for asylum enumerated in the INA, 8 U.S.C.S. § 1101(a)(42)(A).
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| Ruggiero v. United States, NO. 05-1315,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 4, 2006, Filed
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Overview: Action brought by parents of service member who died when he fell out his dormitory window was properly dismissed because it was barred by Feres doctrine; member's military service was the but-for cause of his presence in dorm on night of his death, so his death was incident to his service.
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| Singh v. AG of the United States, NO. 05-1886,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 4, 2006, Filed
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Overview: Alien's motion to reopen, which was based on change of country conditions and alleged that police had raided his home, asking for him, was properly denied because affidavits of two relatives provided by alien did not state how they knew about raid and did not give details about raid, such as whether police stated why they were looking for alien.
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