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| Altamirano-Lopez v. Gonzales, No. 04-60976, Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 5, 2006, Filed
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Overview: Because a hearing on the motion to reopen was not a removal proceeding, a Nicaraguan citizen was not entitled to the rights enumerated in 8 U.S.C.S. § 1229a(b)(4). The decision to grant or deny a motion to reopen was purely discretionary; thus, there was no liberty interest at stake, and the citizen could not establish a due process violation.
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| Budhwani v. Gonzales, No. 05-60087 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 5, 2006, Filed
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Overview: Alien's petition for review of BIA order denying withholding of removal was denied; immigration judge properly considered conditions in India, and his conclusion that alien, a Sunni Muslim convert, failed to establish that he would be persecuted in India was supported by evidence that India's central government respected religious freedoms.
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| Burditt v. Geneva Capital, LLC, No. 05-50585 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 5, 2006, Filed
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Overview: Pro se civil lawsuit was dismissed for lack of subject-matter jurisdiction, under Fed. R. Civ. P. 12(b)(1), because the shareholder who brought the lawsuit did not suggest that diversity of citizenship under 28 U.S.C.S. § 1332 existed, and he did not establish that federal-question jurisdiction existed under 28 U.S.C.S. §§ 1330, 1331, and 1339.
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| Detho v. Gonzales, No. 04-60623 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 5, 2006, Filed
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Overview: Denial of alien's application for asylum under 8 U.S.C.S. § 1158(a) was supported by substantial evidence; he failed to show that he suffered past persecution due to his political opinion where he was assaulted by rival political party. Alien failed to show well-founded fear of future persecution where he could reasonably relocate within Pakistan.
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| Donaldson v. Acosta, No. 05-20519 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 5, 2006, Filed
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Overview: An alien was collaterally estopped from relitigating a IJ's finding that he had failed to establish prima facie eligibility for naturalization because of his prior conviction, as the issue was properly before the IJ because it was integral to the determination of whether the IJ could terminate removal proceedings against the alien.
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| Edmon v. Chaney, No. 04-41065 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 5, 2006, Filed
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Overview: Prisoner's appeal of district court's dismissal of the prisoner's complaint as frivolous under 28 U.S.C.S. § 1915(e)(2)(B)(i) was without arguable merit because, inter alia, no error occurred in not allowing prisoner to amend his complaint after a Spears hearing; accordingly, the prisoner's appeal was dismissed as frivolous under 5th Cir. R. 42.2.
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| Gallegos v. Gonzales, No. 04-60933 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 5, 2006, Filed
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Overview: Court denied petition for review of BIA decision denying motion to reopen appeal filed by alien and his family; BIA did not abuse its discretion in determining that alien failed to show prejudice resulting from former attorney's failure to file brief in BIA appeal, as alien did not show that brief would have saved him and family from deportation.
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| Guzman v. Gonzales, No. 05-20175 (Summary Calendar),
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 5, 2006, Filed
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Overview: Foreign national's habeas corpus suit challenging a decision of the U.S. Board of Immigration Appeals to deny an application for discretionary relief from removal was dismissed for lack of subject matter jurisdiction, under 28 U.S.C.S. § 2241(c)(3), because the petition failed to state any cognizable constitutional or statutory claim.
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| Salazar v. Gonzales, No. 05-60267 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 5, 2006, Filed
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Overview: Alien's due process rights were not violated by removal proceedings, as (1) she had opportunity to challenge testimony of agents; (2) she failed to show how admission of form prejudiced her; and (3) IJ did not, as she alleged, rely on a facsimile copy of her conviction in ordering her removed under 8 U.S.C.S. § 1227(a)(1)(E)(i) for alien smuggling.
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| Schexnayder v. Bonfiglio, No. 05-30221 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 5, 2006, Filed
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Overview: In a Title VII sex discrimination case, though a former employee did not plead punitive damages, trial court did not err by including punitive damages component in jury interrogatories, as Fed. R. Civ. P. 9(g) did not mention punitive damages, and the employer received ample actual notice before trial that the employee was seeking punitive damages.
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