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| Betancourt-Ramirez v. Gonzales, No. 04-51142 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 8, 2006, Filed
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Overview: Conviction was for felony in Texas, and possession of cocaine was punishable under Controlled Substances Act, so alien committed aggravated felony for purposes of 8 U.S.C.S. § 1101(a)(43)(B), and was ineligible for cancellation of removal despite fact that, at time he pled guilty, he would have been eligible to apply for cancellation of removal.
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| Capital Gaming Supplies, Inc. v. Gametech Int'l, Inc., No. 04-61044,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 8, 2006, Filed
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Overview: Summary judgment was affirmed in favor of defendant on plaintiff's claims of tortious interference with subleases with bingo halls, and breach of contract and breach of covenant of good faith and fair dealing. Plaintiff did not prove necessary element of claims and preexisting defendant agreements were neither divisible nor partially terminated.
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| In re Neville, No. 06-10153,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 8, 2006, Filed
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Overview: Movant's petition for authorization, under 28 U.S.C.S. § 2244(b)(2), to file successive petition for writ of habeas corpus was denied where, while movant asserted that two U.S. Supreme Court decisions created a new rule of constitutional law, making execution of mentally ill persons unconstitutional, no such rule of constitutional law was created.
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| Jimenez-Aguilar v. Gonzales, No. 05-60446 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 8, 2006, Filed
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Overview: A lawful permanent resident's petition for review was denied because there were no compelling indications that the BIA was wrong to find that 8 C.F.R. §§ 1003.44(b)(2) and 1212.3(h)(2004) precluded § 212(c) of the INA relief for the resident.
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| New v. Fleming, No. 05-60088 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 8, 2006, Filed
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Overview: Factual disputes remained as to whether officer acted in disregard or in good faith as reasonably competent officer in determination of probable cause, where he averred he could not name informants except to say that they were two of three identical triplets he could not tell apart; relevant men averred they had never been informants to officer.
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| Riyaz Nazara Karowadia v. Gonzales, No. 04-60590 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 8, 2006, Filed
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Overview: Alien's petition for review of the decision denying his application for withholding of removal was denied where the record did not compel a finding that alien met his burden to show that he was entitled to withholding of removal under either the INA or the CAT, and alien failed to show that BIA's decision was not supported by substantial evidence.
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| Sarofim v. Trust Co., No. 05-20309,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 8, 2006, Filed
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Overview: Punitive damages in favor of investor in arbitration award was affirmed. Although arbitration panel did not use exact language of Cal. Civ. Code § 3294, evidence sufficiently supported determination that award satisfied statute; panel found investment company breached duty to educate self about investor and educate investor about investment risks.
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| United States v. Boyle, 04-10615,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 8, 2006, Filed
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| United States v. Enriquez, No. 05-20073 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 8, 2006, Filed
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Overview: Defendant's appeal of a district court's judgment and sentence for his violation of 18 U.S.C.S. § 922(g) was dismissed as to his DNA collection claim as it was not ripe. The rest of the judgment and sentence was affirmed since, inter alia, the district court did not err in not providing a U.S. Sentencing Guidelines Manual § 2K2.1(b)(2) reduction.
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