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| Bushati v. Gonzales, No. 05-4408,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 23, 2007, Filed
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Overview: Court found that an alien's claim that the Immigration Judge's finding that the alien failed to meet his burden in establishing a Convention Against Torture deferral of removal claim was not supported by substantial evidence fell outside the jurisdictional purview of the court and had to be dismissed.
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| Hensley v. Comm'r of Soc. Sec., No. 06-5734,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 23, 2007, Filed
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Overview: Undated photographs of claimant, submitted to demonstrate extent and effect of her obesity, only reinforced what ALJ already had the opportunity to observe throughout course of hearing. Appellate court could not state there was reasonable probability that ALJ would have decided the case differently had he considered the photographs of the claimant.
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| L & W Supply Corp. v. Acuity, No. 05-6845,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 23, 2007, Decided , January 23, 2007, Filed
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Overview: District court erred in awarding surety's motion to recover expert witness fees after prevailing on summary judgment on material supplier's Ky. Rev. Stat. Ann. § 304.12-230 bad faith claim; expert witness fees could not be taxed as costs at district court's discretion under Fed. R. Civ. P. 54 because 28 U.S.C.S. § 1920 did not provide for them.
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| Sanusi v. Gonzales, Nos. 05-3355/05-3676,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 23, 2007, Decided , January 23, 2007, Filed
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Overview: An alien's petitions for review of an order of the BIA was denied because, where he pled guilty to theft pursuant to Ark. Code Ann. § 5-36-103, the vacation of his conviction solely to avoid the collateral consequences of deportation was ineffective to afford him protection from removal pursuant to 8 U.S.C.S. § 1227(a)(2)(A)(i).
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| United States v. Atchley, No. 04-6521,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 23, 2007, Decided , January 23, 2007, Filed
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Overview: Defendant was properly convicted of violating 18 U.S.C.S. §§ 924(c), 922(g) as his motion to suppress was properly denied and his Fourth Amendment rights were intact. Police had reasonable suspicion to believe that defendant was involved in criminal activity when they received a tip concerning methamphetamine cooking at a motel and defendant lied.
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| United States v. Williams, No. 06-1492,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 23, 2007, Filed
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Overview: An upward variance from the advisory guidelines range was substantial, yet, in light of defendant's evident continuing propensity for violence, the variance was premised on compelling reasons. The district court's explanation of its reasoning, though succinct, demonstrated appropriate consideration of the factors listed in 18 U.S.C.S. § 3553(a).
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| Walters v. Gonzales, No. 05-4271,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 23, 2007, Filed
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Overview: An alien did not receive effective assistance of counsel during the administrative proceedings when he failed to be fingerprinted in accordance with a judge's instruction because the record was clear that he suffered ineffective assistance of counsel. The court remanded to the Board of Immigrations Appeals for further consideration.
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