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| Heru Agus Wiyanto v. Bureau of Citizenship & Immigration Servs., No. 04-3992,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 3, 2006, Filed
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Overview: Substantial evidence supported the denials of applications for asylum where the aliens, citizens of Indonesia of Chinese ethnicity, failed to establish past persecution, or that they would suffer future persecution upon returning to Indonesia. The incidents of harassment and discrimination they provided failed to rise to the level of persecution.
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| Mercy Home Health v. Leavitt, No. 05-2082,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 3, 2006, Filed
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Overview: Denial of Medicare reimbursements for home office costs, which had previously been approved by a Medicare fiscal intermediary, was proper because the prior approval did not bind the United States Secretary of Health and Human Services, it did not contravene Medicare Provider Reimbursement Manual § 2150.3(D)(2)(b), and it did not insulate providers.
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| Williams v. Meyers, NO: 03-3938; NO: 03-4618,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 3, 2006, Filed
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Overview: Inmate's due process and Eighth Amendment claims were properly dismissed as he failed to state a claim upon which relief could be granted against his prison supervisors. Further, the inmate's retaliation claim was properly denied as the evidence was insufficient to find that the supervisors retaliated against the inmate for pursuing grievances.
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| Xiu Ying Li v. AG of the United States, Case No: 05-1567,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 3, 2006, Submitted Pursuant to Third Circuit L.A.R. 34.1(a) , February 3, 2006, Filed
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Overview: Alien who was denied an opportunity to reopen her asylum case could not establish a due process violation because the BIA did not limit its decision to the procedural timeliness of the alien's motion, but went on to reject the alien's case on the merits. Thus, the alien was not prejudiced by the denial of her motion to reopen.
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| Ahearn v. Comm'r of Soc. Sec., No. 05-2530,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 6, 2006, Filed
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Overview: Substantial evidence supported ALJ's 20 C.F.R. § 404.1520 findings that Social Security disability benefit claimant did not suffer from severe impairments to her hand or knee, that her back and neck pain did not cause deficits equal to listed impairments, and that her subjective pain claims lacked credibility.
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| Haley v. City of Plainfield, No. 05-2236,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 6, 2006, Filed
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Overview: Order granting summary judgment to employer on employee's Title VII reverse discrimination claim was affirmed; the employee did not provide evidence to disprove the employer's reliance on the director's subjective, race-neutral belief that, based on his own personal experience, two other individuals possessed experience superior to the employee's.
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| Hasanov v. Gonzales, No. 04-4353,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 6, 2006, Filed
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Overview: 8 U.S.C.S. § 1252 prohibited review of alien's claim that IJ abused discretion in denying fourth continuance of immigration proceedings. Petition for review was denied as to claim denial of continuance violated due process as it was unclear if alien had protected interest in an unfiled adjustment of status request and he failed to show prejudice.
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| Progressive N. Ins. v. Gondi, No. 04-4369,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 6, 2006, Filed
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Overview: Where an insured left his car running and unattended and was injured when he unsuccessfully attempted to stop someone from stealing it, the insurer was entitled to summary judgment because his policy's uninsured motorist coverage exclusion was not void as against public policy underlying Pennsylvania's Motor Vehicle Financial Responsibility Act.
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| Zeng Cheng Dong v. Gonzales, No. 04-4473,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 6, 2006, Filed
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Overview: An alien from China was not entitled to asylum under 8 U.S.C.S. §§ 1101(a)(42)(A) and 1158(b)(1), or withholding of deportation under 8 U.S.C.S. § 1231(b)(3), because substantial evidence supported the IJ's finding that he was not credible as to the birth of three children, his wife's alleged sterilization, and persecution for religious beliefs.
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