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| Baptiste v. AG of the United States, Nos. 05-2896, 05-3605,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 25, 2007, Filed
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Overview: Alien was properly denied asylum, withholding of removal and CAT relief because he offered nothing to suggest that he would be persecuted by any entity in Haiti on the basis of his alleged disability; at the most, he described the chaotic situation of civil unrest in Haiti faced by all Haitians.
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| Davis v. Collins, NO. 06-3701,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 25, 2007, Filed
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Overview: Where the decision not to perform an apicoectomy procedure only constituted a medical disagreement regarding the prisoner' dental treatment about whether the procedure should be performed as opposed to the alternative recommendation of extraction, the prisoner's Eighth Amendment rights were not violated and his claims were properly denied.
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| Goldberg v. Fraser, No. 06-4076,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 25, 2007, Filed
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Overview: Inmate's appeal from denial of his § 2241 petition challenging BOP's aggregation of his federal Pennsylvania and Florida sentences was dismissed under 28 U.S.C.S. § 1915(e)(2)(B) as they were properly aggregated pursuant to 18 U.S.C.S. § 3584 because inmate was being held pursuant to second Florida sentence when Pennsylvania sentence was imposed.
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| Lehan v. Dir., OWCP, Case No: 06-1675,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 25, 2007, Filed
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Overview: Because the ALJ considered all the relevant evidence and set forth a sufficient reasonable rationale for crediting a second doctor's medical opinion over the modified opinion of the first doctor - who originally held that the husband's death was not due to pneumoconiosis under 30 U.S.C.S. § 901(a) - the order of the BRB was affirmed.
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| Liggon-Redding v. Cong. Title, NO. 07-1426,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 25, 2007, Filed
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| Long v. Pa. Bd. of Prob. & Parole, No. 05-1092,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 25, 2007, Filed
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Overview: Appellant's petition for writ of habeas corpus under 28 U.S.C.S. § 2254 was properly denied because appellant had not exhausted his ex post facto claim in Pennsylvania courts, and futility on merits of claim in state court did not render that claim "exhausted" within meaning of § 2254(b)(1)(A) so as to excuse petitioner's failure to exhaust.
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| Lopez v. United States DOJ, NO. 06-2409,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 25, 2007, Filed
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Overview: District court erred in denying inmate's motion to proceed in forma pauperis on ground that he had "three strikes" under 28 U.S.C.S. § 1915(g) and had not alleged that he was in imminent danger of serious physical injury at time he filed complaint because prior dismissal of action did not count as strike as appeal was pending when motion was filed.
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| Murphy v. AG of the United States, No. 05-4802,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 25, 2007, Opinion Filed
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Overview: IJ found that the several incidents of mistreatment suffered by the alien were economically motivated and not based on race, religion, nationality, or any other prohibited basis under 8 U.S.C.S. § 1158(b)(1); because the IJ's conclusions were based on reasonable and probative evidence in the record, they were upheld by the appellate court.
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| O'Reilly v. Rutgers, No: 06-1522,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 25, 2007, Filed
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