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| Ly v. Gonzales, No. 05-3401,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 12, 2006, Filed
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Overview: An alien's petition for review of the BIA's denial of his motion to reopen his removal proceedings was denied because the BIA properly concluded that the evidence was insufficient to establish eligibility under 8 U.S.C.S. § 1255(e)(3) for adjustment of status based on his marriage to a U.S. citizen, which occurred during the removal proceedings.
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| Slaughter v. Parker, Nos. 01-6359/01-6462,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 13, 2006, Decided , June 13, 2006, Filed
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Overview: The district court's grant of habeas relief on the basis of ineffective assistance of counsel was reversed; although counsel's performance was deficient, the performance did not prejudice the inmate. It was not reasonably probable that the outcome of the inmate's sentencing would have been different if counsel located the inmate's family.
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| Smith v. Cont'l Cas. Co., No. 05-5655,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 13, 2006, Decided , June 13, 2006, Filed
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Overview: The court found that the denial of disability benefits to a claimant under an ERISA plan was arbitrary and capricious because, in part, there were discrepancies between the number of documents provided to the plan for peer review and the disability determination was not rational in view of the plan language.
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| Ferguson v. Snow, No. 04-6314,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 14, 2006, Filed
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Overview: In a race discrimination suit against a government employer under Title VII of the Civil Rights Act of 1964, district court properly granted judgment as a matter of law under Fed. R. Civ. P. 50 on non-promotion claim because employee failed to show that there were any open positions for which she could have competed at relevant time.
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| United States v. Barnett, No. 05-6183,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 14, 2006, Filed
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Overview: Defendant's sentence was affirmed because the district court did not err when it sentenced defendant as an armed career criminal and defendant's argument that Almendarez-Torres could be overruled did not validate his argument that the nature of his prior convictions under the Armed Career Criminal Act should have been submitted to a jury.
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| Hajdari v. Gonzales, No. 04-4195,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 15, 2006, Filed
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Overview: Alien's petition for review was denied. Substantial evidence supported IJ's findings that alien failed to provide credible support for his 8 U.S.C.S. § 1158(a) asylum claim. Alien also failed to meet burden of proof for withholding of removal under 8 U.S.C.S. § 1231(b)(3). He was statutorily ineligible for either asylum or withholding of removal.
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