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| Elias v. Gonzales, Nos. 05-4129,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 5, 2007, Filed
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Overview: Denial of asylum was proper because the alien did not assert that as a member of the Christian minority in Iraq he was in danger of being persecuted upon his return because of his faith and his Convention Against Torture claim failed because there was no objective evidence that he was in probable danger of being tortured upon return to Iraq.
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| Gilreath v. Clemens & Co., Nos. 05-4177, 05-4178, and 06-3100,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 5, 2007, Filed
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Overview: Because the collective bargaining agreement (CBA) made no provision for a week of paid vacation, the employee's claim for paid vacation did not support the hybrid § 301 of the Labor-Management Relations Act (LMRA), 29 U.S.C.S. § 185, action, which required him to demonstrate breach of the CBA.
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| Howard v. Whitbeck, No. 05-2368,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 5, 2007, Filed
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Overview: In parolee's appeal from judgment in favor of state judges in an action in which parolee sought declaration that Mich. Comp. Laws § 600.2963 was unconstitutional on its face, parolee's release on parole rendered appeal moot. The statute did not apply to parolees; thus, any such declaration would not make a difference to his current legal interests.
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| Knickerbocker v. Wolfenbarger, No. 05-1556,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 5, 2007, Filed
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Overview: Considering all the evidence, the inmate had not shown that it was more likely than not that no reasonable juror would convict him either of first-degree felony murder or of armed robbery. Accordingly, the inmate was not entitled to equitable tolling of the statute of limitations, and the habeas claims were time-barred.
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| Plumb v. Potter, No. 06-1017,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 5, 2007, Filed
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Overview: Employee established a prima facie case of sex discrimination; however, he failed to rebut as pretext the employer's legitimate, nondiscriminatory reason for denying him the promotion because none of the employee's arguments showed that the proffered reason had no basis in fact; did not actually motivate the employer's conduct, or was insufficient.
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| Toe v. Gonzales, No. 05-4435,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 5, 2007, Filed
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Overview: The fact that the alien submitted counterfeit documents with his asylum application, combined with other evidence of the alien's dishonesty, constituted substantial evidence to support the IJ's adverse credibility determination and the IJ gave additional reasons, apart from the counterfeit documents, to justify his adverse credibility finding.
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| United States v. Perez-Arellano, No. 04-1954, 04-2526,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 5, 2007, Filed
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Overview: Sentence of 24 months in prison imposed on defendant for supervised release violations was not plainly unreasonable, as district court considered relevant 18 U.S.C.S. § 3553(a) factors, including nature and circumstances of violations. He had illegally reentered U.S. following deportation and was then arrested for several drug offenses.
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| United States v. Quinlan, No. 05-2060,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 5, 2007, Decided , January 5, 2007, Filed
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Overview: Denial of defendant's request to withdraw his guilty plea, pursuant to Fed. R. Crim. P. 11(d)(2)(B), to making false statements to the SEC and to conspiring to commit a federal crime was proper as 13 months elapsed between the plea and the motion and he was an educated, sophisticated businessman who should have understood the plea's consequences.
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