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   Federal Courts - 3rd Circuit Court of Appeals - February 13, 2006

  
Hong Hong v. AG of the United States, NO. 04-3000, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 13, 2006, Opinion Filed
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Overview: Where a 15-year-old alien from China testified against a criminal smuggling gang and the BIA denied his asylum application under 8 U.S.C.S. § 1101(a)(42)(A), remand was necessary for a fuller explanation because the BIA opinion failed to provide a principled reason for the conclusion it reached.

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IFC Interconsult, AG v. Safeguard Int'l Partners, LLC, Nos. 05-1817 and 04-3933, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 13, 2006, Filed
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Overview: A district court had ancillary enforcement jurisdiction over the Fed. R. Civ. P. 69 garnishment action of a federal judgment creditor, the garnishor, against the garnishee fund, a nonparty to the original lawsuit who was secondarily liable based on an indemnification agreement with the judgment debtor.

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Lim v. AG of the United States, No. 05-1077, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 13, 2006, Filed
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Overview: Where a Christian Chinese alien from Indonesia presented credible evidence of attacks against her, but the IJ denied her asylum claim under 8 U.S.C.S. §§ 1101(a)(42) and 1158(b)(1), remand was necessary because the IJ overlooked evidence that ethnicity and religion played a major role in the attacks upon the alien.

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Mayaram Damodarshai Sadhu v. AG of the United States, No. 04-1440, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 13, 2006, Filed
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Overview: The BIA did not abuse its discretion in denying the aliens' motion to reconsider because it did not raise errors of fact or law regarding the denial of their motion to reopen and the claim that the IJ or BIA did not consider evidence of past persecution presented at the hearing was not properly before the BIA.

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Perkins v. Sebring Assocs. the Excelsior II, NO. 05-2235, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 13, 2006, Filed
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Overview: Plaintiffs' § 1983 action against defendants, apartment building and owner, alleging that defendants disregarded plaintiffs' rights by allowing police to enter building to arrest plaintiffs, was properly dismissed because allegations did not state claim under § 1983 for violation of Fourth Amendment as there was no state action.

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RCN Corp. v. Paramount Pavilion Group, LLC, No: 04-1933; No: 04-1971, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 13, 2006, Filed
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Overview: Summary judgment for a telecommunications company was affirmed because a redevelopement group was in default pursuant to a promotional agreement signed by the parties by failing to break ground, and the company was entitled to terminate the agreement. By failing to repay the monies owed to the company under the agreement, the group was in breach.

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Toll v. Am. Airlines Inc., NO. 05-1534, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 13, 2006, Filed
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Overview: Employee was an experienced pro se litigator and had previously filed numerous Title VII complaints against the employer and the union. Still, the employee's complaint failed to allege any cognizable adverse employment action and thus, the frivolous nature of the complaint, alone, supported a finding of a Fed. R. Civ. P. 11 violation.

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United States v. Duarte, No: 03-4662, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 13, 2006, Opinion Filed
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Overview: Defendant's guilty plea was made voluntarily and intelligently, reversible error did not exist, and the plea was valid where, inter alia, during the guilty plea colloquy under Fed. R. Crim. P. 11, the district judge determined that defendant understood nature of charges and potential prison sentence, and that there was a factual basis for the plea.

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