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| Elgergawi v. Sec'y of Dep't of Homeland Sec., No. 05-2325,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 3, 2006, Filed
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Overview: An immigrant's request for naturalization was properly denied because the requirements of 8 U.S.C.S. § 1430(a) and 8 C.F.R. § 316.2 were not met; the immigrant did not establish an actual principal dwelling place in Pittsburgh in the three months preceding the filing, and no exception applied since no residence was ever established there.
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| Munoz-Valencia v. United States, No. 05-1257,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 3, 2006, Filed
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Overview: A courier without decision-making authority who was paid to accept delivery of and transport money to an unknown place for unknown persons could not claim a colorable possessory interest and lacked Article III standing to bring a 18 U.S.C.S. § 983 motion to set aside an administrative forfeiture of the money seized from his possession.
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| Nadbitova v. Gonzales, No. 05-1270,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 3, 2006, Filed
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Overview: Order of removal was proper because the aliens were not substantially prejudiced by the IJ's erroneous reading of 8 C.F.R. § 287.6 and the BIA did not commit due process error in affirming the IJ's recission of a prior grant of voluntary departure when the underlying factual basis for departure, that they would leave voluntarily, was eroded.
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| Zhiqian Wei v. AG of the United States, No. 05-1465,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 3, 2006, Opinion Filed
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Overview: Alien was not eligible for asylum, 8 U.S.C.S. § 1101(a)(42)(A). She claimed fear of future persecution by government for involvement in development of gender determination herbal pouch; however, there was no evidence other than her speculation that interference with gender determination activities was intended to persecute on protected ground.
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| Fei Xia Wang v. AG of the United States, No. 04-4459,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 6, 2006, Filed
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Overview: Chinese alien's request for asylum on ground she was arrested in China for selling banned Falun Gong literature was denied because substantial evidence supported IJ's adverse credibility determination, and even if credible, alien did not show that due to her activities she would have been perceived by government as supporter of Falun Gong movement.
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| Walker v. Barnhart, Case No. 05-2282,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 6, 2006, Filed
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Overview: Denial of Social Security disability insurance benefits to a claimant who suffered from HIV, Hepatitis B, and pneumonia was proper where the medical evidence did not support a finding of disability and the claimant had failed to attend consultative medical appointments, making denial of benefits appropriate under 20 C.F.R. § 416.918.
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