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| Mian Gul v. Gonzales, No. 05-5048,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 16, 2007, Filed
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Overview: Court lacked jurisdiction under 8 U.S.C.S. § 1158(a)(3) to review denial of alien's untimely-filed asylum application. Substantial evidence supported IJ's finding that alien failed to show his eligibility for withholding of removal or CAT relief. Criminal attack did not constitute persecution. Alien lived undisturbed in Pakistan following attack.
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| Sesiashvili v. Gonzales, No. 05-4939,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 16, 2007, Filed
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Overview: Appeals court lacked jurisdiction and could not review denial of untimely-filed asylum application. Substantial evidence supported IJ's finding that alien failed to show his eligibility for CAT relief or relief under 8 U.S.C.S. § 1231(b)(3)(A). He did not present evidence corroborating claim that Georgian drug dealers would retaliate against him.
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| Steele v. Boeing Co., NO. 05-5274,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 16, 2007, Filed
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Overview: Where insurer's doctor simply rephrased the inappropriate reasons originally given for the denial of employee's ERISA benefits, namely, that there was no objective evidence of a condition that could not be proven objectively, district court erroneously determined that the insurer's decision to deny benefits was supported by substantial evidence.
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| United States v. Lakhani, No. 05-4276,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 16, 2007, Opinion Filed
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Overview: Evidence of defendant's predisposition to commit crimes that included attempting to provide support to terrorists in violation of 18 U.S.C.S. § 2339A supported the rejection of an entrapment defense. A juror's claim that she was pressured into voting to convict was not competent evidence to impeach the verdict under Fed. R. Evid. 606(b).
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| United States v. Laville, No. 06-1577,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 16, 2007, Opinion Filed
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Overview: Defendant's warrantless arrest for bringing in illegal aliens was reasonable and did not violate the Fourth Amendment because a police officer recognized defendant as a man on a beach with illegal aliens and defendant ran upon spotting the officer. The reasonableness of the arrest was not determined by local law.
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| El v. SEPTA, No. 05-3857,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 19, 2007, Opinion Filed
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Overview: The grant of summary judgment to the employer on the employee's Title VII claim was affirmed because no reasonable juror could find that the employer's hiring policy was inconsistent with business necessity; there was nothing in the record that raised any reasonable credibility question about the employer's expert evidence.
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| United States v. Williams, No. 05-5539,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 19, 2007, Filed
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Overview: District court properly applied four-level enhancement for defendant's role as manager or leader pursuant to USSG § 3B1.1(a) because conspiracy involved at least five participants, four codefendants who pled guilty to same conspiracy and defendant, and district court made sufficient factual findings that defendant qualified as organizer or leader.
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