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| Bacon v. Carroll, NO. 06-3859,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 30, 2007, Filed
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Overview: Prisoner's appeal was dismissed pursuant to 28 U.S.C.S. § 1915(e)(2)(B) because he could not prevail on his § 1983 claims. His factual allegations were insufficient to state U.S. Const. amend. VIII claims arising from slip and fall accident and medical treatment that he received thereafter. He was able to present claims, despite withheld evidence.
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| Day v. Fed. Bureau of Prisons, NO. 06-3911,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 30, 2007, Filed
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Overview: Because inmate had not alleged that any harm had ever befallen him, but merely put forth the conclusory allegation that he was in grave danger, and also failed to allege facts which suggested that prison officials were informed of any specific threat of harm against him, the inmate's appeal of the dismissal of his Eighth Amendment claims failed.
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| Ferko v. Gonzales, No. 06-2303,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 30, 2007, Filed
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Overview: Albanian aliens, a husband, wife, and daughter, were properly denied asylum, withholding of removal, and CAT relief because inconsistencies between statements in aliens' amended asylum application and their testimony at hearing were so pronounced that they could not reasonably be result of language issues or other mitigating circumstances.
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| Gordon v. Gonzalez, No: 04-4623,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 30, 2007, Filed
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Overview: Several factors militated against appointment of counsel under 28 U.S.C.S. § 1915(e)(1), including the prisoner's ability to present his case, his familiarity with the legal system, and the fact that the Eighth Amendment excessive force legal issues in the case were not difficult; the district court's refusal to appoint counsel was affirmed.
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| Kirakozov v. AG of the United States, NO. 05-5038,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 30, 2007, Filed
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Overview: Alien was properly denied withholding of removal and CAT relief because substantial evidence supported IJ's adverse credibility findings; alien testimony was inconsistent regarding hospitalization for injuries sustained at hands of police, when he last wrote to President of Republic of Georgia, and treatment of ethnic Armenians in Georgia.
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| Ling Li v. AG of the United States, No. 05-4407,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 30, 2007, Filed
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Overview: Substantial evidence supported IJ's denial of asylum, withholding of removal, and CAT relief. IJ reasonably expected alien's husband, who was in U.S., to corroborate her claim that he underwent forced sterilization in China. Alien did not sufficiently explain his failure to do so. Alien did not show she would be tortured if she returned to China.
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| Silalahi v. AG of the United States, No. 06-1206,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 30, 2007, Opinion Filed
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Overview: Alien was properly denied withholding of removal because the alien had not shown a clear probability that his life or his freedom, or the life or freedom of his children, would be threatened upon removal to Indonesia as there was no evidence that the Indonesian government was involved in any religious conflict between Christians and Muslims.
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| Sugiarto v. AG of the United States, No. 05-3511,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 30, 2007, Filed
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Overview: Aliens' petition for review, with respect to applications for withholding of removal under 8 U.S.C.S. § 1231(b)(3)(A), was denied because substantial evidence supported an IJ's determination that the aliens failed to establish that it was more likely than not that they would be subject to persecution if they were to return to Indonesia.
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| United States v. Kashner, No. 06-1530,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 30, 2007, Filed
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Overview: Defendant's within-guidelines 87 month sentence was affirmed. The appeals court lacked jurisdiction to review extent of U.S. Sentencing Guidelines Manual § 5K1.1 departure allowed. Sentence was not unreasonable. District court properly calculated guidelines range for drug distribution conspiracy offense and considered 18 U.S.C.S. § 3553(a) factors.
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