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| Boctor v. Gonzales, No. 05-2530,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 24, 2007, Decided
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Overview: IJ erred in finding that an alien, who sought asylum and withholding of removal under 8 U.S.C.S. §§ 1101(a)(42), 1158(b)(1), and 1231(b)(3)(A), had failed to show that he was persecuted because of religion; the alien, a Coptic Christian, had been attacked by Muslim extremists for refusing to disclose the whereabouts of co-religionists.
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| Malec Holdings II Ltd. v. English, No. 06-1906,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 24, 2007, Decided
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Overview: A district court abused its discretion in denying defendants' Fed. R. Civ. P. 11 sanction motion because it failed to discuss all of the grounds raised by defendants. The lack of full discussion precluded appellate review of decision. District court should have explained why sanctions were not appropriate, given facial frivolousness of § 1983 suit.
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| Mayer v. Monroe County Cmty. Sch. Corp., No. 06-1993,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 24, 2007, Decided
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Overview: Defendants were properly granted summary judgment in public school teacher's § 1983 action alleging she was let go for taking political stance during class because First Amendment did not entitle teachers, when conducting education of captive audiences, to cover topics or advocate viewpoints that departed from curriculum adopted by school system.
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| Sims v. EGA Prods., Nos. 06-1057 & 06-1268,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 24, 2007, Decided
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Overview: District court properly set aside an entry of default pursuant to Fed. R. Civ. P. 55(c) in a tort action against a manufacturer of an allegedly defective lift platform, as the recommended $ 31.2 million damages award would have been an excessive sanction; a settlement reached on an offer of judgment under Fed. R. Civ. P. 68 therefore stood.
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| United States v. Murray, No. 06-1078,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 24, 2007, Decided
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Overview: Nondefendant Fed. R. Evid. 404(b) evidence offered by defendant to show that coconspirator was shooter was properly excluded because conviction would be unaffected as Pinkerton doctrine would make him liable for killing even though coconspirator pulled trigger as it was foreseeable that armed robbery of drug dealer might result in death.
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| United States v. Radziszewski, No. 06-1559,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 24, 2007, Decided
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Overview: Evidence was sufficient to convict defendant of mail and wire fraud under 18 U.S.C.S. §§ 1341 and 1343 based on a scheme to defraud real estate lenders by arranging for straw purchases using false documentation. An increase in defendant's offense level under U.S. Sentencing Guidelines Manual § 2B1.1(b)(1) was based on a proper loss calculation.
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| Xiu Hua Dong v. Gonzales, No. 06-2300,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 24, 2007, Decided
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Overview: BIA did not abuse its discretion when it denied third motion to reopen and refused to grant alien relief under 8 C.F.R. § 1003.2(c)(3)(ii). Fact that alien had ignored removal order and now had several children was change in personal circumstances. Alien's evidence did not show that material change in China's family planning policies had occurred.
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