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   Federal Courts - 3rd Circuit Court of Appeals - April 12, 2007

  
Egbule v. AG of the United States, No. 06-1384, No. 06-1716, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 12, 2007, Opinion Filed
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Overview: Alien's case was remanded back for further consideration. Government conceded that, despite IJ's contrary finding, alien had sufficiently established his membership in Nigerian political organization. Alien's claim for asylum and for withholding of removal were based on persecution that he suffered, or feared he would suffer, due to his membership.

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Fe Yuang v. AG of the United States, No. 05-4979, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 12, 2007, Filed
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Overview: Substantial evidence supported IJ's adverse credibility determination, which was basis for denying asylum and withholding of removal claims under 8 U.S.C.S. §§ 1158, 1231. Alien stated that he came to U.S. for economic reasons, not because he was persecuted for opposing China's family planning policy. He did not show his eligibility for CAT relief.

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Handono v. AG of the United States, No. 05-4994, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 12, 2007, Opinion Filed
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Overview: Pursuant to 8 U.S.C.S. § 1252(b)(4)(B), substantial evidence supported IJ's finding that alien did not establish past persecution or well-founded fear of future persecution as he did not allege government-sponsored persecution, and no evidence existed of pattern or practice of persecution against individuals of Chinese descent in Indonesia.

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United States v. Havey, No. 06-1598, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 12, 2007, Filed
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Overview: District court did not abuse its discretion under Fed. R. Evid. 404(b) when it admitted IRS collection letter during defendant's 26 U.S.C.S. § 7201 tax evasion trial because letter was admitted for impeachment purposes only. Within-guidelines 21 month sentence was reasonable. District court had meaningfully considered 18 U.S.C.S. § 3553(a) factors.

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United States v. Wecht, Nos. 06-3098, 06-3099, 06-3195, 06-3202, 06-3212, 06-3213 & 06-3704, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 12, 2007, Filed
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Overview: With respect to W.D. Pa. Crim. R. 83.1, which restricted attorney speech that would have a reasonable likelihood of interfering with a case, a federal appellate court invoked its supervisory authority and modified the rule so that it would prohibit only speech that was substantially likely to materially prejudice ongoing criminal proceedings.

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