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| Gomes v. Gonzales, Nos. 03-3020 & 04-1018,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 11, 2007, Decided
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Overview: Aliens' petition for review of denial of asylum was granted pursuant to 8 U.S.C.S. § 1252(b)(4)(B) because evidence supported aliens' claims that harassment and physical attacks upon them and family members by Muslim fundamentalists were religiously motivated and established past persecution under 8 U.S.C.S. §§ 1101(a)(42)(A), 1158(b)(1)(A).
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| Issakh v. Gonzales, No. 05-4636,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 11, 2007, Decided
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Overview: BIA properly denied alien's motion to reopen asylum claim based on changed country conditions pursuant to 8 U.S.C.S. § 1229a(c)(7)(C)(ii) because evidence accompanying alien's motion was previously available and evidence failed to establish change in country conditions in Chad but merely repeated alien's original asylum claim of persecution.
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| Mema v. Gonzales, No. 05-2570,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 11, 2007, Decided
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Overview: Denial of an alien's asylum claim was remanded, as an IJ failed to consider whether the alien's twin brother, who had been granted asylum, had a well-founded fear of future persecution under 8 U.S.C.S. §§ 1101(a)(42)(A) and 1158(b)(1)(B)(i); the alien claimed to have been beaten by Albanian police because he was mistaken for his brother.
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| Miller v. Ameritech Corp., No. 05-4009,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 11, 2007, Decided
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Overview: Judgment granting summary judgment to an employer on ADA claims was affirmed; the employee did not specifically identify the major life activity in which he purported to be substantially limited and he failed to produce even sufficient circumstantial evidence to survive summary judgment under the direct method on the retaliation claim.
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| United States v. Wilburn, No. 05-4073,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 11, 2007, Decided
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Overview: Pretrial suppression motion was properly denied. Police officers were not required to bring defendant to apartment following his arrest, and his live-in girlfriend could consent to search of apartment. Defendant's juvenile adjudication for armed robbery was properly considered as predicate offense for Armed Career Criminal Act sentencing purposes.
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| Valere v. Gonzales, No. 05-2968,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 11, 2007, Decided
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Overview: BIA's application of its decision in another case and 8 C.F.R. § 1212.3(f)(5) to find that a permanent resident was ineligible for relief from removal under former 8 U.S.C.S. § 1182(c) due to the "statutory counterpart" rule was not impermissibly retroactive; the statutory counterpart rule predated the resident's guilty plea to a removable offense.
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