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| AXA Re Prop. & Cas. Ins. Co. v. Day, No. 04-61009,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 11, 2006, Filed
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Overview: Where an insured and the deceased, asleep in a horse trailer attached to a truck, died from alleged ventilation defects with a generator which was not part of, or built into, the trailer, a declaratory judgment under 28 U.S.C.S. § 2201 that the insurer had no duty to defend under its policy covering injury from "use" of the trailer was affirmed.
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| Am. Bankers Ins. Co. v. Inman, No. 04-61131 (Summary Calendar),
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 11, 2006, Filed
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Overview: Miss. Code Ann. § 83-11-109 reverse preempted the Federal Arbitration Act, 9 U.S.C.S. § 1 et seq., under the McCarran-Ferguson Act, 15 U.S.C.S. § 1011 et seq., because Miss. Code Ann. § 83-11-109 regulated the business of insurance; therefore, an insurer's motion to compel arbitration was denied.
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| Kabamba v. Gonzales, No. 04-60905 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 11, 2006, Filed
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Overview: Alien's petition for review of BIA decision denying her request for asylum and withholding of removal was granted and matter was remanded; immigration judge's adverse credibility determination was not supported by substantial evidence where alien explained minor inconsistencies and provided as much documentary evidence as she could.
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| Lakhani v. Gonzales, No. 05-60204 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 11, 2006, Filed
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Overview: An immigrant's equal protection challenge based on a registration requirement under the National Security Entry-Exit Registration System was rejected because the immigrant was removable under 8 U.S.C.S. § 1227(a)(1)(B) grounds; the removal was not based on his registration.
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| Medina-Herrera v. Gonzales, No. 04-61152 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 11, 2006, Filed
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Overview: The BIA did not engage in impermissible fact finding under 8 C.F.R. § 1003.1(d)(3)(iv) when it properly determined, as a matter of law, that, even if an alien's counsel was ineffective, the alien failed to exercise due diligence when he took more than four years to file a motion to reopen after he was ordered deported.
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| Nizar Ali v. Gonzales, No. 05-60022 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 11, 2006, Filed
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Overview: Because an immigrant's labor certification application was received after the date prescribed in the sunset provision of the Legal Immigration Family Equity Act, Pub. L. No. 106-554, 114 Stat. 2763 (2000), the failure to grant a continuance did not operate to cut short his application for adjustment of status under 8 U.S.C.S. § 1255(i).
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| No Hlai Mang v. Gonzales, No. 04-60603 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 11, 2006, Filed
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Overview: Where BIA gave specific and cogent reasons for finding that an alien's testimony lacked credibility, substantial evidence supported the BIA's determination that the alien failed to establish that he was eligible for asylum and withholding of removal, and alien failed to show that he was entitled to relief under UN Convention Against Torture.
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| Olivares-Carranza v. Gonzales, No. 04-61037 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 11, 2006, Filed
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Overview: Alien's request for relief under 8 C.F.R. § 208.16 was properly denied; alien failed to show that it was more likely than not that he would be tortured if returned to El Salvador, as he was not entirely credible given his contradictory reasons for believing he would be tortured, and none of his family was harassed in 20 years since he fled to U.S.
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| Positive Software Solutions, Inc. v. New Century Mortg. Corp., No. 04-11432,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 11, 2006, Filed
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Overview: District court properly vacated an arbitration award by reason of the arbitrator's failure to reveal to the parties that he had served as co-counsel with the defendants' counsel over a period of years in significant litigation.
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