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| United States v. Smith, No. 06-1398,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 14, 2007, Filed
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Overview: Defendant did not show that the sentence imposed by the district court was unreasonable because the fact that the court did not discuss in depth each of the 18 U.S.C.S. § 3553(a) factors did not mean that it did not consider them, and defendant's sentence was not unreasonable because it was less than the maximum sentence.
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| Wagner v. Tuscarora Sch. Dist, NO. 06-1544,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 14, 2007, Filed
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Overview: Teacher argued that he was subject to a de facto termination meeting which deprived him of his due process rights; this claim failed because teacher was not terminated until after the school district gave him a formal statement of charges and notified him of his right to have a hearing at which he could present witnesses and confront his accusers.
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| Ward v. Merck & Co., NO. 06-1270,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 14, 2007, Filed
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Overview: Employer's supervisory employees had a concern about the safety of their other employees, given the unusual behavior of the employee, and this perceived safety concern was, standing alone, sufficient to establish the "business necessity" element of the ADA's, 42 U.S.C.S. § 12112(d)(4)(A), standard for post-employment medical examinations.
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| Williams v. AG of the United States, No. 05-3537,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 14, 2007, Filed
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Overview: Pursuant to 8 U.S.C.S. § 1252, an alien was not entitled to protection from removal to his native country of Jamaica under the Convention Against Torture because an Immigration Judge employed the proper standard to find that there was insufficient evidence that any organ of the Jamaican government would be involved in torture of the alien.
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| Xiu Fei Wang v. AG of the United States, No. 05-4713,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 14, 2007, Filed
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Overview: A minor alien was not entitled to asylum or withholding of removal under 8 U.S.C.S. §§ 1158(a), 1231(b)(3) because sterilization of alien's mother while pregnant with the alien did not overcome the holding that children were not entitled to relief because of their parents' persecution, and economic persecution of the parents was also insufficient.
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| Zhi Wen Huang v. AG of the United States, NO. 06-4532,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 14, 2007, Filed
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Overview: BIA properly denied an alien's motion to reopen because the motion was not filed within 90 days of the final administrative decision as required by 8 C.F.R. § 1003.2(c)(2), and the alien's allegations did not show that the alien exercised due diligence in discovering and pursuing his ineffective assistance claim.
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