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   Federal Courts - 6th Circuit Court of Appeals - June 15, 2007

  
Elias v. Gonzales, No. 06-3366, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 15, 2007, Decided , June 15, 2007, Filed
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Overview: Denial of alien's asylum applications and requests for withholding of removal and relief under CAT was vacated and the matter remanded for further proceedings before a different IJ because the IJ's intemperate conduct during the hearing demonstrated bias and hostility toward the alien and the IJ had since then been removed from the bench.

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Haynes v. City of Circleville, No. 06-3070, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 15, 2007, Filed
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Matovski v. Gonzales, No. 05-4534, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 15, 2007, Decided , June 15, 2007, Filed
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Overview: Court reversed the BIA's ruling affirming that Immigration Judges lacked jurisdiction over 8 U.S.C.S. § 1154(j) portability determinations and remanded the adjudication of petitioners' renewed adjustment of status applications to the IJ for further proceedings in conjunction with proper application of 8 U.S.C.S. § 1154(j).

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United States v. Bailey, No. 05-6218, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 15, 2007, Decided , June 15, 2007, Filed
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Overview: Defendant's sentence for violations of 21 U.S.C.S. §§ 846 and 841 and 18 U.S.C.S. § 2 was affirmed because the sentence fell within the range stated in the U.S. Sentencing Guidelines Manual and was presumptively reasonable. It was not error for the district court to fail to state on the record that the Guidelines were advisory.

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Walls v. Konteh, No. 06-3472, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 15, 2007, Decided , June 15, 2007, Filed
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Overview: Grant of habeas petition alleging violation Double Jeopardy Clause was vacated because before declaring a mistrial, trial judge considered the alternative course of instructing the jury to return the next day. However, he concluded that the jury would not be able to devote its full attention to the evidence because of September 11, 2001 attacks.

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Yidong Bu v. Gonzales, No. 05-4663, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 15, 2007, Decided , June 15, 2007, Filed
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Overview: Alien's case was remanded for reconsideration because substantial evidence did not support IJ's conclusion that alien's detention and abuse were not based on the political opinion he expressed through his protest against corruption by factory officials because Chinese government deemed criticism of government corruption to be political expression.

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