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| Ahmad v. Gonzales, m 05-60487 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 25, 2006, Filed
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Overview: Court denied alien's petition for review of BIA decision denying alien's application for asylum and other relief; fact that alien waited six months after receiving visa to travel to U.S. and also waited until asylum deadline nearly expired before seeking relief belied his assertion that he had subjective fear of persecution if returned to Pakistan.
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| Dean v. City of Shreveport, No. 04-31163,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 25, 2006, Filed
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Overview: Applicants' equal protection claim was remanded because the record was not sufficiently developed to determine whether a consent decree, entered into in 1980, and the city's race-conscious hiring practices were still justified by a compelling government interest at the time of suit and whether they were narrowly tailored to further that interest.
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| In re Stamps, m 05-30621 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 25, 2006, Filed
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Overview: Order of the district court that determined that the attorneys should be disbarred from practicing in the Eastern District of Louisiana was affirmed because the attorneys were given adequate notice and an opportunity to be heard in their disbarment proceedings before the state supreme court, and the federal courts could defer to those findings.
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| Khan v. Gonzales, m 04-60849 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 25, 2006, Filed
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Overview: Where the immigration judge denied the husband's and wife's applications for asylum on the ground that the abuse they had received was motivated purely by personal animus and could not be considered conduct by a public official acting in an official capacity, the appellate court affirmed the Board of Immigration Appeals' decision.
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| Luv n' Care, Ltd. v. Insta-Mix, Inc., No. 04-31171,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 25, 2006, Filed
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Overview: Constitutional requirements for personal jurisdiction under the Fourteenth Amendment and under La. Rev. Stat. Ann. § 13:3201(B) were shown in a copyright infringement case where Colorado companies filled purchase orders for baby products bound for shipment to Louisiana by a major retail purchaser.
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| McDonald v. Entergy Operations, Inc., m 05-60501 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 25, 2006, Filed
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Overview: Court affirmed grant of summary judgment to employer and insurer in suit alleging retaliation, in violation of 42 U.S.C.S. § 1981 and Title VII, and violation of ERISA; there was no causal connection between employee's discrimination suit and her alleged termination, and she failed to support her long-term disability claim with medical evidence.
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| Runnels v. Tex. Children's Hosp. Select Plan, No. 04-20825,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 25, 2006, Filed
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Overview: Fed. R. Civ. P. 26 required that an expert report contain the data or other information considered by the witness in forming the opinions. Therefore, district court reasonably relied on general rule that statistical analyses of the type employed were reliable.
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| Seyoum v. Gonzales, m 05-60044 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 25, 2006, Filed
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Overview: Applicant's testimony that she escaped from prison contradicted not only State Department report but affidavits by two Ethiopian natives submitted by applicant to corroborate testimony on prison conditions. Although factfinder could have concluded that evidence did not impugn applicant's credibility, court was not compelled to reach that result.
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| Telles v. City of El Paso, No. 04-51298 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 25, 2006, Filed
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Overview: Appellate court was without jurisdiction to review a district court's denial of a homeowner's motion for declaratory judgment because the district court did not reach the merits of the motion or dispose of any substantive issues. Because the homeowner's motion to recuse did not comply with 28 U.S.C.S. § 144, it was also properly dismissed.
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| Tounsadi v. Gonzales, No. 04-60744 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 25, 2006, Filed
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Overview: The BIA and the IJ, whose reasoning was adopted by the BIA, adequately explained the reasoning for their denial of the immigrant's request for a continuance. Moreover, the IJ had previously continued the immigrant's removal proceedings on 11 separate occasions, spanning a total of almost five years; therefore there was no abuse of discretion.
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