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| Aggarwal v. Gonzales, No. 05-60272 (Summary Calendar),
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 30, 2006, Filed
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Overview: The aliens' petition for review was denied because the IJ's adverse credibility determination was supported by substantial evidence. Since the asylum application depended on the husband and wife's testimony, they did not demonstrate their eligibility for asylum, withholding of removal, or relief under the CAT.
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| Lyles v. Lemmon, No. 05-30091 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 30, 2006, Filed
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| Olmos-Tello v. Gonzales, No. 04-60755 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 30, 2006, Filed
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| Torabi v. Gonzales, No. 04-60123,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 30, 2006, Filed
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Overview: Circuit court found that it had jurisdiction under 8 U.S.C.S. § 1252 to review a denial by the U.S. Board of Immigration Appeals (BIA) of an alien's motion to reopen her removal proceeding. Further, a remand of the motion to the BIA was required as the BIA abused its discretion by denying the motion with untimeliness as the basis for the denial.
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| United States v. Gomez-Trujillo, No. 03-51047,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 30, 2006, Filed
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| United States v. McGrew, No. 04-50250,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 30, 2006, Filed
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Overview: Evidence defendant stayed at residence few nights a week, had clothes in bedroom closet, and allowed another person to keep items there provided evidence of constructive possession of firearm. Violation of Fed. R. Crim. P. 16 was sufficiently addressed by limiting instruction. Right to confrontation was not violated where codefendant testified.
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| United States v. Rodriguez-Pecina, No. 05-40091 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 30, 2006, Filed
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Overview: Where the only enhancement to defendant's sentence was based on a prior conviction, the district court committed no "Booker" error or Sixth Amendment error when sentencing defendant. However, a remand was necessary based on the district court's application of a mandatory, rather than advisory, U.S. Sentencing Guidelines Manual.
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| United States v. Torres-Diaz, No. 05-40090,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 30, 2006, Filed
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Overview: Defendant's prior second degree assault conviction was a "crime of violence" under U.S. Sentencing Guidelines Manual § 2L1.2(b)(1)(A)(ii) because the record adequately supported the finding that he was convicted under Conn. Gen. Stat. § 53a-60(a)(2) and that such an offense was an "aggravated assault."
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| Wells v. Welborn, No. 04-31177 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 30, 2006, Filed
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Overview: Plaintiff was not denied access to courts when clerk returned unfiled pleadings to him because plaintiff, who had originally filed the pleadings by fascimile, failed to file the signed originals with the clerk within five days of sending the fascimile; motion to proceed in forma pauperis satisfied the requirement of La. Rev. Stat. Ann. § 13:850.
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