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| Aruanno v. Cape May County Jail, No. 02-1395,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 8, 2007, Filed
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Overview: Inmate's 42 U.S.C.S. § 1983 action against prison officials was improperly dismissed under Fed. R. Civ. P. 12(b)(6) when the inmate's allegations of excessive force, inhumane integration with dangerous prisoners, and the absence of proper medical care stated a valid claim and the inmate did not concede the motion or indicate that it was unopposed.
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| Atkinson v. AG of the United States, No. 05-1099,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 8, 2007, Opinion Filed
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Overview: Lawful permanent resident's habeas corpus petition was treated as petition for review. A remand was ordered. BIA erred in concluding that resident could not apply for discretionary waiver under former 8 U.S.C.S. § 1182(c). IIRIRA's repeal of § 1182(c) could not be applied retroactively, regardless of how aggravated felony convictions were obtained.
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| Khan v. AG of the United States, No. 05-5068,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 8, 2007, Filed
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Overview: An applicant's petition for asylum, withholding of removal, and relief under CAT was denied. The fact that applicant received a passport and was permitted to leave and enter Pakistan freely for several years indicated that government was not interested in detaining or persecuting applicant. Thus, the applicant failed to show eligibility for asylum.
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| Tjandra v. AG of the United States, Case No.: 05-5437,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 8, 2007, Filed
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Overview: Alien was properly denied withholding of removal under 8 U.S.C.S. § 1231(b)(3) because the IJ did not err in concluding that the alien had not suffered persecution in past based on his allegations of harassment due to his ethnicity, the poisoning of his dog by unknown youths when he was a child, and the arson of his parent's store.
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| United States v. Hayes, No. 04-1430,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 8, 2007, Opinion Filed
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Overview: Defendant's conspiracy conviction, which arose from alleged falsification of test results for petroleum products, was vacated because testimony from non-conspirators that defendant never asked them to falsify tests should have been admitted under Fed. R. Evid. 404(b); the evidence was relevant and could have changed the verdict.
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| United States v. Hicks, No. 06-1449,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 8, 2007, Opinion Filed
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Overview: Defendant's sentence for possession of a firearm by a convicted felon was properly enhanced under U.S. Sentencing Guidelines Manual § 2K2.1(b)(5). When defendant was found with the firearm, drugs, and a companion, the circumstances justified the enhancement under the correct preponderance of the evidence standard.
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| United States v. Johnson, Case No.: 05-5265,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 8, 2007, Filed
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Overview: Defendant, who pleaded guilty to unlawful possession of a firearm in violation of 18 U.S.C.S. § 922(g)(1), was not prejudiced by application of the clear and convincing standard to findings supporting sentencing enhancements, as the Fifth Amendment required the findings to be supported by only a preponderance of the evidence.
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| Hernandez-Donis v. AG of the United States, No. 05-4271,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 9, 2007, Filed
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Overview: Alien was properly found ineligible for asylum and withholding of removal; gang violence against the alien based on his refusal to join the gang was not on account of political opinion or any of the other factors under 8 U.S.C.S. § 1101(a)(42)(A). The gang's isolated physical attack against the alien did not constitute torture under the CAT.
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| Lopez v. Howard, NO. 06-2361,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 9, 2007, Filed
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