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| Calix-Chavarria v. AG of the United States, NO. 05-3447,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, May 12, 2006, Filed
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Overview: Because petitioner met the age requirement when his mother made her application for citizenship, but had turned 18 before her citizenship was granted, the matter was remanded for consideration of whether the reasoning of the Child Status Protection Act applied to petitioner's claim for derivative citizenship under former 8 U.S.C.S. § 1432(a).
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| Chadda v. Burcke, No: 05-1359; No: 05-2231,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, May 12, 2006, Filed
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Overview: Cosmetics buyer's antitrust case against sellers and manufacturer was properly dismissed because in absence of requisite injury to "business or property," buyer had not stated a claim under §§ 4 and 16 of the Clayton Act, 15 U.S.C.S. §§ 15(a), 26, or civil RICO Act, 18 U.S.C.S. § 1964(c), so court lacked jurisdiction under 28 U.S.C.S. § 1331.
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| Filja v. Gonzales, No. 04-1782,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, May 12, 2006, Filed
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Overview: Court of appeals vacated BIA's decision denying aliens' motion to reopen removal proceedings because the motion, which was based on a claim of changed conditions in Albania, was timely even though it was filed 19 months after the BIA issued an order denying asylum, and because the BIA abused its discretion when it denied relief under the CAT.
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| Garrett v. Smith, NO: 05-4194,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, May 12, 2006, Filed
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Overview: An inmate's § 2241 habeas petition was properly denied. The inmate failed to show that his due process rights were violated during a prison disciplinary proceeding, that the evidence did not support the hearing officer's guilty findings, or that the sanctions, which were imposed in accordance with 28 C.F.R. § 541.13, were arbitrary or capricious.
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| Hamilton v. AG of the United States, NO. 05-3300,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, May 12, 2006, Submitted Under Third Circuit LAR 34.1(a) , May 12, 2006, Filed
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Overview: Alien's petition for review raising due process claim was denied; although alien might not have received BIA's decision in timely manner, because he had notice of contents of decision before he filed brief and court assumed jurisdiction over late-filed petition, alien could not show prejudice by his late receipt of the BIA's decision.
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| Nkomo v. AG of the United States, NO. 05-1325,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, May 12, 2006, Filed
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Overview: Alien's petition for review was denied. The IJ properly concluded that the alien could have presented corroborating evidence to support his asylum application and that he did not meet burden of proof because he had failed to do so. The alien's due process rights were not violated by the BIA's use of summary review process to uphold IJ's decision.
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| Olasunkanmi v. AG of the United States, No. 05-3992,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, May 12, 2006, Filed
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Overview: IJ's adverse credibility finding was based on specific reasons supported by the record, and Nigerian citizen had not shown that the record compelled a finding that he was credible or entitled to relief. Thus, the appellate court denied the citizen's petition for review.
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| Onyeji v. AG of the United States, No. 05-3936,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, May 12, 2006, Filed
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Overview: Alien was properly found removable for having been convicted of an aggravated felony as defined in INA § 101(a)(43)(R) because maximum sentence of 12 months qualified as sentence of "at least one year," and forgery conviction under 18 Pa. Cons. Stat. § 4101(a)(1) constituted "offense relating to forgery" even though it encompassed intent to injure.
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| United States v. Rincon, No. 05-1987,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, May 12, 2006, Filed
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Overview: Defendant's Fed. R. Crim. P. 29 motion was properly denied because United States presented sufficient evidence to support defendant's drug conspiracy, aiding and abetting, and drug distribution convictions. The evidence showed that defendant was directly involved in and had knowingly participated with a co-defendant in preparing and selling drugs.
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