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| Jessup v. Alcoa, Inc., No. 06-1164, No. 06-2923,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 2, 2007, Filed
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Overview: District court erred in granting summary judgment to employees in a 29 U.S.C.S. § 1132(a) denial of benefits suit. Summary plan description did not conflict with plan itself. Employees were not entitled to early retirement benefits because they continued to work after facility was sold to new owner, nor should they have been awarded costs and fees.
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| Kebede v. Gonzales, No. 06-2172,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 2, 2007, Filed
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Overview: Substantial evidence supported BIA's conclusions that a lead alien failed to show that she was eligible for asylum and that she could not meet the higher burdens of proof required for withholding of removal or relief under CAT. Lead alien's three day detention was insufficient to establish that she suffered past political persecution in Ethiopia.
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| Moratzka v. Morris (In re Senior Cottages of Am.), No. 05-3867,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 2, 2007, Filed
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Overview: Trustee for a debtor company had standing to bring an amended complaint against lawyers for the debtor because the trustee was empowered by 11 U.S.C.S. § 704(1) to assert causes of action belonging to the debtor at the time of filing; the fact that the debtor was insolvent did not render this a cause of action solely for the creditors.
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| Poniman v. Gonzales, No. 06-2145,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 2, 2007, Filed
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Overview: BIA did not abuse its discretion in denying an alien's motion to reopen his removal proceedings because the alien's motion spoke only to increased violence in a certain part of his home country. The alien bore the burden under 8 C.F.R. § 1208.16 to show that his life or freedom would be threatened in other parts of the country as well.
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| Roberson v. Astrue, No. 06-2407,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 2, 2007, Filed
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Overview: Pursuant to 42 U.S.C.S. § 405(g), Social Security Commissioner properly denied benefits to claimant for her bipolar disorder because substantial evidence supported ALJ's conclusion that claimant did not meet listing for bipolar disorder because she did not show that she had two of four restrictions in 20 C.F.R. pt. 404, subpt. P., app. 1, § 12.04B.
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| Shahinaj v. Gonzales, No. 06-1573,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 2, 2007, Filed
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Overview: Decision denying an Albanian alien's application for asylum and withholding of removal under 8 U.S.C.S. §§ 1158 and 1231(b)(3) was vacated because the IJ's credibility determination, which was based in part upon his personal and improper opinions as to the alien's claimed homosexuality, was not supported by the record.
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| Tostado v. Carlson, No. 05-1053,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 2, 2007, Filed
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Overview: Alien had not been convicted of "aggravated felony" for purposes of 8 U.S.C.S. § 1101(a)(43)(B) and was eligible for cancellation of removal under 8 U.S.C.S. § 1229b(a)(3) because his state convictions for unlawful possession of cocaine and unlawful possession of cannabis would constitute misdemeanors if prosecuted under Controlled Substances Act.
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| United States v. Guitron, No. 06-2076,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 2, 2007, Filed
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Overview: District court did not err in sentencing defendant to 120 months because, even if defendant was able to reduce his criminal history points, the 120-month sentence imposed was the lowest sentence he could have received for a violation of 21 U.S.C.S. § 841 in light of the statutory mandatory minimum set by 21 U.S.C.S. § 841(b)(1)(A)(viii).
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| United States v. Watson, No. 06-2847,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 2, 2007, Filed
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Overview: Within-guidelines 305 month sentence imposed on defendant, after he pleaded guilty to 21 U.S.C.S. §§ 841(a)(1), 841(b)(1)(B), 846, 851, 860, and 18 U.S.C.S. § 924(c), (o), offenses, was affirmed on appeal because it was reasonable. He was not entitled to a variance under 18 U.S.C.S. § 3553(a) simply because co-conspirator received shorter sentence.
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