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| Chi Rong Wu v. AG of the United States, NO. 05-1246,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 28, 2006, Opinion Filed
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Overview: Petition for review of denial of asylum, withholding of removal, and protection pursuant to the CAT was denied. Substantial evidence supported a finding by the IJ that the arrest and later rape of the Chinese resident alien by a police officer was based on belief she was a prostitute, not her political views on family planning.
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| Cyprus Cumberland Res. v. Director, OWCP, DOL, No. 05-1961,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 28, 2006, Opinion Filed
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Overview: Petition for review of benefits award pursuant to Black Lung Benefits Act, 30 U.S.C.S. §§ 901-945, was denied. Although physician (who did not share treating physician's opinion) examined miner, ALJ appropriately evaluated each relationship; ALJ relied on treating physician's qualifications, knowledge of condition, and support found in record.
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| Enohonsi v. AG of the United States, No. 05-1764,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 28, 2006, Submitted Under Third Circuit LAR 34.1(a) , February 28, 2006, Filed
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Overview: Petition for review of denial of asylum, withholding of removal and relief under the CAT was denied. Substantial evidence supported finding that Nigerian alien failed to corroborate persecution of his family based on tribal and religious identities and alien could safely relocate to safe area within Nigeria.
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| Sincavage v. Barnhart, No. 05-1797,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 28, 2006, Filed
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Overview: Contrary to ALJ's ruling, record presented in applicant's quest for Social Security disability benefits showed that her panic attacks constituted a "severe impairment," and thus, ALJ should have evaluated the disability to determine if it met or equaled a listed impairment. Case was remanded to Social Security Commissioner for such determination.
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| Singh v. AG of the United States, NO. 04-4255,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 28, 2006, Opinion Filed
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Overview: Petition for review of denial of asylum, withholding of removal, and relief under the CAT was denied. Alien failed to establish he was a refugee as he failed to provide a sufficient explanation as to why the Indian government would have interest in him merely because of his membership in a nonviolent political party.
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| Stremba v. Barnhart, No. 05-1916,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 28, 2006, Submitted Under Third Circuit LAR 34.1(a) , February 28, 2006, Filed
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Overview: Claimant was properly denied disability benefits because evidence supported ALJ's finding that claimant's impairments did not medically equal listing 20 C.F.R. pt. 404, subpt. P, app. 1, § 12.05; he produced no evidence that mental impairment manifested before age 22 and IQ tests did not show valid verbal performance or full scale IQ of below 71.
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| Tanganelli v. Talbots, Inc., No. 05-1120,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 28, 2006, Opinion Filed
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Overview: Employer and managers were properly granted summary judgment on FMLA retaliation claim of an employee who was not constructively discharged because the delay in providing her keys to her store, failure to invite her to a management meeting, and isolated comments were not so intolerable that they would have compelled a reasonable person to resign.
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| United States v. Ajetunmobi, No. 04-4782,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 28, 2006, Filed
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Overview: Based on her statements that she had exclusive possession of the suitcase, and that she packed the suitcase herself, defendant's exclusive control if not ownership of the suitcase was sufficient for a jury to infer she knew the concealed contraband was a controlled substance in violation of 21 U.S.C.S. §§ 952(a) and 960(b)(1)(A).
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| United States v. Gregg, No. 04-2912,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 28, 2006, Filed
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Overview: District court's ordering defendant to pay $ 350 under Mandatory Victim Restitution Act (MVRA), 18 U.S.C.S. § 3663A, based on facts not found by a jury or admitted by defendant did not constitute Sixth Amendment violation under Booker, so restitution order under MVRA was affirmed.
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