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| Aboubacar Dem v. Gonzales, Case No. 05-3691,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 12, 2007, Filed
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Overview: Alien who sought asylum based upon his claim that he would be persecuted for his political affiliations if he were returned to the Republic of Guinea did not demonstrate that language barriers and difficulties he had completing his application were so clearly the cause of discrepancies as to compel the conclusion that his testimony was credible.
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| Curtis v. Peabody Coal Co., No. 06-4087,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 12, 2007, Filed
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Overview: ALJ did not commit legal error when he rejected the opinions of three doctors who concluded that a person who worked as a truck driver for a coal company had black lung disease, and relied instead on the opinion of a board-certified pulmonologist who concluded that the employee was impaired due to a combination of cigarette smoking and obesity.
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| Dilaura v. Twp. of Ann Arbor, Nos. 05-2482/2506,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 12, 2007, Filed
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| Jaisinghani v. Gonzales, No. 06-3564,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 12, 2007, Filed
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Overview: BIA did not err in denying alien's motion to reopen because alien's failure to receive BIA's dismissal order could not be ground for reversing dismissal that was based on alien's failure to file brief, and fact that alien's wife was in naturalization proceedings also was not ground for reopening.
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| Klepsky v. UPS, No. 05-4391,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 12, 2007, Decided , June 12, 2007, Filed
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Overview: Removal of Ohio Rev. Code Ann. §§ 4113.51, .52 whistleblower claim was proper; preemption existed under 29 U.S.C.S. § 185 because request for reinstatement implicated rights under CBA. Summary judgment for employer was proper because employee failed to show pretext in discharge for misrepresenting important facts on his medical history forms.
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| Mendieta-Robles v. Gonzales, No. 06-3467,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 12, 2007, Filed
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Overview: Because an alien's prior conviction upon his guilty plea to a violation of Ohio Rev. Code Ann. § 2925.03(A)(1) did not qualify as an aggravated felony under 8 U.S.C.S. § 1101(a)(43)(B) under the "illicit trafficking" or the "hypothetical federal felony" approaches, the case was remanded to the BIA to terminate deportation proceedings against him.
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| Ndeye Ngone Dieye v. Gonzales, No. 06-3926,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 12, 2007, Filed
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Overview: Given the character of an alien's evidence and testimony concerning alleged persecution for participation in a women's group in Senegal, and other discrepancies noted by the IJ in his opinion, the IJ's adverse credibility findings were supported by substantial evidence, and thus the IJ did not err in denying withholding of removal and CAT relief.
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| Selimi v. Gonzales, No. 06-3646,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 12, 2007, Filed
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Overview: Corroborating evidence was necessary in alien's application for withholding of removal because he was not a credible asylum applicant and his testimony was inconsistent with the State Department reports on his country.
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| Smith v. Comm'r of Soc. Sec., Case No: 06-1625,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 12, 2007, Filed
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