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| Hart v. Twp. of Hillside, No. 06-1983,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 10, 2007, Filed
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Overview: The grant of summary judgment to defendants on a job applicant's claims under USERRA and the New Jersey Law Against Discrimination was affirmed because defendants provided multiple legitimate, non-discriminatory reasons for the applicant's non-selection, including the applicant had a criminal history and a subpar driving record.
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| Hereros v. Deutsche Afrika-Linien Gmblt & Co., No. 06-1684,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 10, 2007, Filed
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Overview: An African tribe's complaint against German company was properly dismissed pursuant to Fed. R. Civ. P. 12(b)(6). Although company's alleged conduct from 1890 to 1915 probably violated international norms, it would have required a substantial exercise of judicial discretion to have created a cause of action under the Alien Tort Claim Act.
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| Kristiono v. AG of the United States, No. 05-5188,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 10, 2007, Filed
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Overview: Substantial evidence supported IJ's conclusion that alien did not meet standard for withholding of removal because alien's worries that riots similar to those in 1998 would occur again and that he would suffer injury were insufficient to meet clear probability standard, especially in light of country reports suggesting that conditions had improved.
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| Levine v. N.J. State Dep't of Cmty. Affairs, NO. 06-3471,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 10, 2007, Filed
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Overview: New Jersey Department of Community Affairs, a Department employee, a city, and various city officials were properly granted summary judgment in property owner's 42 U.S.C.S. § 1983 action because claims accrued more than two years before filing of complaint and thus, they were barred by two-year statute of limitations in N.J. Stat. Ann. § 2A:14-2.
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| Shu Fang Lin v. AG of the United States, No. 06-1571,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 10, 2007, Opinion Filed
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Overview: Pursuant to 8 U.S.C.S. § 1252(b)(4)(B), alien's petition for review was denied because substantial evidence supported BIA and IJ's adverse credibility determinations given inconsistencies alien's evidence that went to heart of her asylum claim, and her demeanor before IJ, which prompted IJ to doubt whether testimony was accurate.
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| United States v. Moon, No. 04-1841,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 10, 2007, Filed
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Overview: A district court unnecessarily penalized defendant and jeopardized timeliness of his pro se 28 U.S.C.S. § 2555 petition when it dismissed second petition that he had filed. Defendant substantially complied with R. Governing § 2255 Proc. U.S. Dist. Cts. 2(c) and E.D. Pa. Civ. R. 9.3 when he referenced addendum that detailed legal basis for petition.
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