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   Federal Courts - 7th Circuit Court of Appeals - April 23, 2007

  
Jenkins v. Bartlett, No. 06-2495, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 23, 2007, Decided
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Overview: City and police chief were properly granted summary judgment as to Monell failure to supervise/train claim asserted in § 1983 suit because jury found police officer's use of deadly force did not violate decedent's U.S. Const. amend IV rights. District court did not abuse its discretion in admitting expert testimony. A privilege ruling was correct.

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Juarez-Lopez v. Gonzales, No. 06-3143, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 23, 2007, Decided
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Overview: Pursuant to 8 U.S.C.S. § 1252(b), an IJ's decision denying an application for asylum had to be vacated and remanded because the IJ's adverse credibility finding was not supported by substantial evidence; it was instead based on the IJ's mere speculation that the alien's claim of being repeatedly raped in Guatemala was a recent fabrication.

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Lopez-Monterroso v. Gonzales, No. 06-3716, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 23, 2007, Decided
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Overview: Alien who claimed that he had been beaten by gangs in Guatemala did not establish persecution on account of religion or membership in a social group as required under 8 U.S.C.S. §§ 1158(b)(1)(B)(i) and 1101(a)(42)(A) in order to be eligible for asylum; there was no evidence that the government was unwilling to protect the alien.

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