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| Balogun v. Gonzales, No. 05-1686,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 23, 2006*, Submitted* After an examination of the briefs and the record, we have concluded that oral argument is unnecessary. Thus, the appeal is submitted on the briefs and the record. See Fed. R. App. P. 34(a)(2)., March 23, 2006, Decided
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Overview: Nigerian alien's motion to reopen removal proceedings was properly denied because it was not filed within 90-day period set forth in 8 C.F.R. § 1003.2(c)(3) and alien's marriage and subsequent birth of her child were changes in personal circumstances, not conditions in Nigeria, and, thus, did not trigger exception to 90-day filing deadline.
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| Cao v. Gonzales, No. 05-1542,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 23, 2006, Decided
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Overview: Although record indicated that alien was victim of one instance of harassment and physical abuse by Chinese authorities on account of her religious activities, it did not compel finding that she was persecuted or had well-founded fear of future persecution, and thus, she was properly denied asylum.
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| Contimortgage Corp. v. Anglezis, Nos. 03-3471 & 03-4192,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 23, 2006, Decided
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Overview: A district court did not have the authority to distribute surplus foreclosure sale funds to a buyer because there was no jurisdiction; the buyer was a non-diverse party when he intervened in the case under Fed. R. Civ. P. 24(b) where the only basis for jurisdiction was diversity. As such, the funds were returned to a mortgagor.
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| Djedovic v. Gonzales, No. 05-1754,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 23, 2006, Decided
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Overview: Muslim husband and Christian wife who were citizens of Serbia and Montenegro were properly denied asylum because all the husband faced if returned was military conscription, which was not form of persecution, and wife's claim that she was shunned did not amount to persecution as shunning was private activity, not state sponsored.
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| Freeman v. Berge, No. 05-2820,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 23, 2006, Decided
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Overview: Prison officials were properly granted judgment in inmate's § 1983 action alleging officials inflicted cruel and unusual punishment by denying him meals because food deprivation was self-inflicted; inmate was not served when he failed to comply with prison rule requiring him to wear pants and when his cell walls were smeared with blood and feces.
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| French v. Alpha Steel Corp., No. 04-2156,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 23, 2006, Decided
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Overview: Even if the evidence was interpreted in light most favorable to employee and manager was presumed to have used a racial slur in meeting, employee could not show that statement was causally related to conclusion of his employment as it occurred after employer denied employee a leave of absence, accepted his resignation, and filled his position.
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| Mustafa v. City of Chicago, No. 05-2101,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 23, 2006, Decided
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Overview: Because the police officers acted upon probable cause based on an altercation observed at the ticket counter and airline personnel reported a possible bomb threat, the police had probable cause to arrest the traveler. In any event, the officers acted within scope of their immunity; the traveler's 42 U.S.C.S. § 1983 claims were properly dismissed.
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| Patel v. Gonzales, No. 05-2480,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 23, 2006, Decided
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Overview: Alien was properly denied asylum based on political persecution because his entire claim of past persecution was based on threats that he was unable to articulate and for which he could not provide even general dates, and in the face of such a scant record, the IJ was permitted to infer that the threats did not cause the alien to fear for his life.
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| Smith v. Davis, No. 04-2898,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 23, 2006, Decided
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Overview: District court properly dismissed inmate's First Amendment claims because free speech claims for calling prison officials names were without merit; verdict entered in favor of four correctional officials on inmate's retaliation claim was affirmed because inmate offered no reason to disturb jury's finding that inmate failed to show liability.
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