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| Andoko v. AG United States, Case No: 05-5085,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 15, 2007, Filed
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Overview: Alien's petition for review of denial of withholding of removal under 8 U.S.C.S. § 1231(b)(3)(A) was denied pursuant to 8 U.S.C.S. § 1252(b)(4)(B) because assault he sustained did not constitute threat to his life or freedom and evidence did not compel finding that there was pattern or practice in Indonesia of persecuting ethnic Chinese Christians.
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| Fisher v. Miner, No. 06-3194,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 15, 2007, Filed
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Overview: Inmate's 28 U.S.C.S. § 2241 petition, which challenged his conviction for continuing criminal enterprise, a violation of 21 U.S.C.S. § 848, pursuant to Richardson v. United States, was properly denied because a Richardson claim did not render 28 U.S.C.S. § 2255 "inadequate or ineffective."
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| Houser v. Carpenter Tech. Corp., No. 05-4575,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 15, 2007, Filed
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Overview: Employer was properly granted summary judgment in employee's action under ADEA and Pennsylvania Human Relations Act because employee had not created genuine issue of fact as to whether employer's asserted reason for his discharge, that it was reducing workforce and employee lacked requisite skills for employer's new focus, was pretextual.
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| Iseley v. Bitner, NO. 06-3155,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 15, 2007, Filed
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Overview: Inmate's appeal from dismissal of his § 1983 complaint was dismissed pursuant to 28 U.S.C.S. § 1915(e)(2)(B) because district court had authority to dismiss action for failure to prosecute pursuant to Fed. R. Civ. P. 41(b) as inmate utterly failed to comply with court orders and was afforded chances to remedy situation and never chose to do so.
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| Jong Tjioe v. AG of the United States, Case No: 06-1470,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 15, 2007, Filed
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Overview: Appeals court lacked jurisdiction and could not review BIA's decision to deny untimely asylum application under 8 U.S.C.S. § 1158(a)(2). Substantial evidence supported denial of withholding of removal under 8 U.S.C.S. § 1231(b)(3)(A). Incidents described by alien did not show that he had suffered from religious or ethnic persecution in Indonesia.
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| Singh v. AG, No. 05-4539,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 15, 2007, Filed
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Overview: Alien's petition for review was denied. IJ conducted proper three step analysis and had concluded that it was reasonable for alien to provide evidence corroborating his claim that he suffered political persecution in India. Pursuant to 8 U.S.C.S. § 1252(b)(4)(D), appeals court was not compelled to find that corroborating evidence was unavailable.
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| Stehman v. Comm'r of Soc. Sec., Case No: 06-1730,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 15, 2007, Filed
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Overview: Denial of claimant's request for Social Security disability benefits was affirmed pursuant to 42 U.S.C.S. § 405(g) because substantial evidence supported ALJ's finding that claimant's diabetes was under control and substantial evidence supported ALJ's finding that claimant did not suffer from disabling venous insufficiency.
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| Stuler v. IRS, No. 06-2251,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 15, 2007, Filed
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Overview: IRS was properly granted summary judgment in taxpayer's FOIA action because taxpayer failed to offer any evidence demonstrating compliance with requirement in 5 U.S.C.S. § 552(a)(3)(A) and 26 C.F.R. § 601.702(c)(5)(i), (c)(4)(D) to reasonably describe records sought, so IRS was not required under FOIA to conduct search and properly refused request.
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| United States v. Anderson, No. 05-3744,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 15, 2007, Filed
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Overview: Defendant's appeal of within-guidelines 71 month sentence, imposed after he pleaded guilty to 18 U.S.C.S. §§ 371, 1343, wire fraud offenses, was denied. Defendant did not present evidence undermining factual basis for district court's offense-related loss calculation. District court considered mitigation arguments and 18 U.S.C.S. § 3553(a) factors.
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| United States v. Campos, No. 06-2063,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 15, 2007, Filed
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Overview: District court's imposition of 74-month sentence upon defendant's conviction under 18 U.S.C.S. § 922(g)(1) was affirmed because district court's application of a four-level enhancement under USSG § 2K2.1(b)(5) after finding by preponderance of evidence that defendant possessed firearm during attempted robbery did not violate his due process rights.
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