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| Balboa-Longoria v. Gonzales, No. 05-60811 (Summary Calendar),
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 27, 2006, Filed
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Overview: Alien's petition for review was denied as to final order of BIA which denied request for cancellation of removal, 8 U.S.C.S. § 1229b(a). Relief sought would have required court to act contrary to prior precedent, but one panel of court could not overrule prior panel decision; court was obliged to follow prior decision.
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| Elfer v. Tex. Workforce Comm'n, No. 05-50814 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 27, 2006, Filed
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Overview: An air traffic controller was not fired for misconduct under Tex. Lab. Code Ann. § 207.044(a) for failing to pass a certification for radar approach control since he merely failed to meet a condition of employment, rather than being an unsuccessful performer; therefore, unemployment benefits should not have been denied.
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| Gonzalez v. Gonzales, No. 05-60065 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 27, 2006, Filed
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Overview: Alien's petition for review of the decision denying his application for asylum was denied where BIA determined that the alien had not shown that threats from members of Colombian guerilla group were based on the alien's actual or imputed political opinion, and the alien had not shown that the evidence compelled a conclusion contrary to that of BIA.
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| Salgado v. Gonzales, No. 04-30880 (Summary Calendar),
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 27, 2006, Filed
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Overview: Converted petition for review of BIA's order of removal was denied, where alien was convicted of theft of services; theft was a crime of moral turpitude, 8 U.S.C.S. § 1227(a)(2)(A)(ii), and the alien made no argument that theft of services would not fall under this general rule. Ineffective-assistance claim failed, as alien did not show prejudice.
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| Tercero-Aranda v. Gonzales, No. 04-51123 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 27, 2006, Filed
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| United States v. Arellano-Ramirez, No. 04-41444 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 27, 2006, Filed
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Overview: Defendant's conviction for violating 8 U.S.C.S. § 1326 was affirmed, but his sentence was vacated and remanded for resentencing because the district court committed error in applying the USSG as mandatory, and the government had not met its burden of showing that the error was harmless beyond a reasonable doubt.
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| United States v. Camacho, No. 04-20647 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 27, 2006, Filed
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Overview: Case was remanded for consideration of sentence, where government conceded preserved Fanfan error was subject to review for harmless error but government did not show beyond reasonable doubt that error had no effect on sentence. There was no Sixth Amendment violation because sentence was based on facts defendant admitted at rearraignment.
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| United States v. Escobedo-Escamilla, No. 04-41317 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 27, 2006, Filed
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| United States v. Franklin, No. 04-20749 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 27, 2006, Filed
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