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https://www.courtlistener.com/api/rest/v3/opinions/8471502/ | OPINION
PER CURIAM.
Orlando M. Trancho petitions for review of an order of the Board of Immigration Appeals (“BIA”) affirming the Immigration Judge’s (“IJ”) final order of removal. For the reasons that follow, we will deny his petition for review.
Trancho is a native and citizen of Portugal. He arrived in the United St... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471504/ | *823OPINION OF THE COURT
McKee, Circuit Judge.
Michael Nguyen and Thuy Le both appeal the respective sentences that were imposed after they were convicted of conspiracy to distribute 100 kilograms or more of marijuana. For the reasons that follow, we will affirm.
I.
The first of Nguyen’s several arguments is that the d... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471433/ | SUMMARY ORDER
Appellant Amanda Edmond appeals from the judgment of the district court granting summary judgment to Appellee Hartford Underwriters Insurance Company in Appellant’s action for breach of contract. Appellee argues that the district court correctly granted the motion for summary judgment. We assume the part... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471435/ | SUMMARY ORDER
Appellant Theresa B. Bradley, pro se, appeals the district court’s judgment denying her motion to vacate an arbitration award entered against her after arbitrating claims against Merrill Lynch & Company, Inc. We assume the parties’ familiarity with the underlying facts, the procedural history of the case... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471439/ | SUMMARY ORDER
John Nolan appeals from the April 16, 2008, 2008 WL 1758644, judgement of the district court, which dismissed his case with prejudice pursuant to Fed.R.Civ.P. 41(b). We assume the parties’ familiarity with the facts, proceedings below, and specification of the issues on appeal. Nolan alleges in his compl... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471441/ | SUMMARY ORDER
Petitioner Be Song Zong, a native and citizen of the People’s Republic of China, seeks review of a January 9, 2009 order of the BIA denying his motion to reopen. In re Be Song Zong, No. A077 745 682 (B.I.A. Jan. 9, 2009). We assume the parties’ familiarity with the underlying facts and procedural history... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471442/ | SUMMARY ORDER
Plaintiff Michael J. Tori appeals from a judgment of the district court (Karas, J.) entered September 12, 2008, granting defendant Marist College’s (“Marist”) motion for summary judgment and closing the case. Dr. Tori — a single, white, male, Christian — brought claims under, inter alia, Title VII of the ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471444/ | SUMMARY ORDER
Plaintiffs-appellants Eastman Kodak Company (“Kodak”) and Martin M. Coyne (“Coyne”) appeal from an order granting summary judgment for defendants-appel-lees Bayer Corp., the Supplemental Benefit Plan Committee of Sterling Drug Inc., and the Sterling Drug Inc. Supplemental Benefit Plan (jointly, “defendant... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471448/ | SUMMARY ORDER
Plaintiffs-appellants appeal from an order of the United States District Court for the Eastern District of New York (“Eastern District”) awarding $578,704.14 in attorneys’ fees and costs. The underlying suit concerns women who are police officers, alleging discrimination by the Suffolk County Police Depa... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471450/ | SUMMARY ORDER
Plaintiffs-appellants Margaret E. Loris and Kelli Hibbard, who are Caucasian women, challenge an August 20, 2008 judgment of the District Court granting defendants-appellees’ motion for summary judgment and dismissing with prejudice then-suit alleging unlawful employment discrimination and retaliation und... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471454/ | SUMMARY ORDER
Linda Bahar, Fnu Mujiyono, and Surya Pratama, natives and citizen of Indonesia, seek review of a November 5, 2008 order of the BIA affirming the September 11, 2006 decision of Immigration Judge (“IJ”) Douglas Schoppert, which denied their application for asylum, withholding of removal, and relief under t... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471458/ | *723OPINION
PER CURIAM.
Brian Griffin appeals pro se from the District Court’s order dismissing his action filed pursuant to 42 U.S.C. § 1983 for failure to exhaust administrative remedies. For the reasons that follow, we will summarily affirm.
Because we write primarily for the parties, it is not necessary to recite t... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471460/ | OPINION
PER CURIAM.
Eugene Spuglio appeals from an order of the District Court dismissing his pro se personal injury action. For the reasons that follow, we will summarily affirm.
Spuglio, a resident of Pennsylvania, alleged that, in November 2008, while a patron at the Cabaret Lounge in Massachusetts, he was assaulted... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471462/ | OPINION
PER CURIAM.
James B. Thomas, Sr., proceeding pro se, appeals from the District Court’s order remanding his case to New Jersey state court for lack of subject matter jurisdiction. Because the appeal presents no substantial question, we will summarily affirm the District Court’s order. See 3d Cir. LAR 27.4; I.O.P... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471464/ | OPINION
PER CURIAM.
Appellant Ronald Riñes pleaded guilty to four counts of armed bank robbery in *730violation of 18 U.S.C. § 2113(a) and (d). See United States v. Rines, D.C.Crim. Nos. 00-cr-00334 & 01-cr-00228. He was sentenced on October 25, 2002 in United States District Court for the Eastern District of Pennsylva... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471468/ | *742OPINION OF THE COURT
DITTER, District Judge.
Appellant, Jacqueline Smith, a sergeant on the East Greenwich Police Department, brings this appeal from a decision of the District Court granting summary-judgment in favor of the appellees, the Township of East Greenwich, the East Greenwich Police Department, Police Chi... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471470/ | OPINION OF THE COURT
PER CURIAM.
Lukito Hadisaputra, a native and citizen of Indonesia, petitions this Court for review of a final order of removal entered by the Board of Immigration Appeals (“BIA”). We will deny the petition.
In 2003, the Department of Homeland Security commenced removal proceedings against Hadisaput... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471472/ | OPINION OF THE COURT
RENDELL, Circuit Judge.
Daryle Pitts appeals from the order of the District Court dismissing his complaint under Fed.R.Civ.P. 12(b)(6). Pitts, an inmate at the New Jersey State Prison in Trenton, New Jersey, alleged that he was denied necessary medical treatment while in prison. He filed a complain... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471474/ | OPINION
PER CURIAM.
Freddie Richardson, an inmate at the Northern State Prison in Newark, New Jersey, appeals pro se from the District Court’s dismissal of his complaint. Because we conclude that this appeal presents no substantial question, we will summarily affirm. See 3d Cir. L.A.R. 27.4; I.O.P. 10.6
I.
Richardson f... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471477/ | OPINION
TASHIMA, Circuit Judge:
Defendant-Appellant Converium Reinsurance (North America), Inc. (“Converi-um”) appeals the District Court’s grant of summary judgment in favor of Plaintiff-Appellee Princeton Insurance Co. (“Princeton”). The District Court ruled that Converium was liable for $1.5 million, plus $207,000 i... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471479/ | OPINION
PER CURIAM.
Nina Shahin, proceeding pro se, filed the underlying action alleging employment discrimination against the Department of Finance for the State of Delaware (“Delaware”). She alleges Delaware discriminated against her on the basis of age in December 2004 when it decided not to employ her. She later fi... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471480/ | OPINION
SMITH, Circuit Judge.
Charles Moore pleaded guilty to a one count information that charged him with tax evasion, in violation of 26 U.S.C. § 7201. The Sentencing Guidelines recommended a sentence that included an 18-to 24-month term of imprisonment. The District Court, however, sentenced Moore to a below-Guidel... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471482/ | *771OPINION
FUENTES, Circuit Judge:
Banta Tile and Marble Company, Inc. (“Banta”) appeals from the District Court’s grant of summary judgment in favor of International Union of Bricklayers and A-lied Craftworkers, Local 5 (“Local 5”). Banta alleges that the District Court erred when it held that Banta was required to a... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471484/ | OPINION OF THE COURT
CHAGARES, Circuit Judge.
This appeal presents several challenges to District Council 33’s (“DC 33”) collection of fees from City of Philadelphia (“City”) employees who are not members of the DC 33 union but who are represented by that union for collective bargaining purposes. We will affirm the Dis... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471486/ | OPINION
PER CURIAM.
On July 27, 2009, Philip Frazier filed this pro se mandamus petition seeking review of the Magistrate Judge’s refusal to recuse himself from presiding over pretrial matters in Frazier’s pro se civil rights action.1 For the reasons that follow, we conclude that mandamus relief is not warranted.
Frazi... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471488/ | OPINION OF THE COURT
PER CURIAM.
The plaintiffs in these three cases— which we shall refer to as Romero I, Romero II, and EEOC — allege that they were harmed by Allstate’s transition from a system where insurance agents were company employees to a system where the agents were independent contractors, and by Allstate’s ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471490/ | OPINION
PER CURIAM.
Appellant Rasheen Johnson appeals from an order of the United States District *797Court for the Middle District of Pennsylvania denying his petition for writ of habe-as corpus filed pursuant to 28 U.S.C. § 2241.
Johnson is currently confined at the Canaan United States Penitentiary in Way-mart, Penn... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471495/ | OPINION
PER CURIAM.
Robert Gattis, a prisoner proceeding pro se, filed a complaint under 42 U.S.C. § 1983 in the District Court, alleging that certain Delaware Department of Corrections policies infringe on his constitutional rights. Gattis also filed a request for a preliminary injunction and a temporary restraining o... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471499/ | OPINION
PER CURIAM.
Restitute Estacio appeals from the order of the United States District Court for the Eastern District of Pennsylvania granting summary judgment in favor of the defendant.1 For essentially the reasons set forth by the District Court, we will affirm.
Because the parties are familiar with the history a... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471505/ | *823OPINION OF THE COURT
McKee, Circuit Judge.
Michael Nguyen and Thuy Le both appeal the respective sentences that were imposed after they were convicted of conspiracy to distribute 100 kilograms or more of marijuana. For the reasons that follow, we will affirm.
I.
The first of Nguyen’s several arguments is that the d... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471507/ | OPINION
PER CURIAM.
Appellant Kurt Figaro appeals from an order of the District Court denying his motion for reduction of sentence pursuant to 18 U.S.C. § 3582(c)(2) and U.S.S.G. § 1B1.10. Figaro sought relief based on Amendment 706 to the United States Sentencing Guidelines, which lowered the base offense level for co... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471508/ | OPINION
PER CURIAM.
Adolphe Mounkassa petitions for review of an order of the Board of Immigration Appeals (BIA). For the reasons below, we will deny the petition for review.
Mounkassa, a citizen of the Republic of Congo, first came to the United States in 1993 as a student and became a lawful permanent resident in 199... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471562/ | MEMORANDUM *
This is a business torts case arising from Proterion Corporation’s bankruptcy. We *238reverse the grant of summary judgment on two of Wyatt’s trademark claims and its conversion claim and remand for further proceedings. We affirm summary judgment on Wyatt’s remaining claims. We also affirm the grant of sum... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471568/ | MEMORANDUM *
Milton H. Greene Archives, Inc. (“Archives”) appeals from final judgment following a jury trial in its action for copyright infringement against Julien’s Auction House, LLC and related parties (“Ju-lien’s”) and Barclay Butera, Inc. and related parties (“Barclay”). Archives argues that the district court im... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471572/ | MEMORANDUM **
Gerson Sigfredo Sermeno-Rodriguez, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471574/ | MEMORANDUM **
Christopher J. Hightower (“Hightower”) appeals the district court’s denial of his petition for a writ of habeas corpus, which challenges his conviction for rape in violation of California Penal Code § 261(a)(2) and forcible oral copulation in violation of California Penal Code § 288a.1 Because the Antiter... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471565/ | MEMORANDUM **
A Jury convicted Appellant Jama Mohamed Absiya of possession with intent to distribute a controlled substance, cathi: none (“khat”) in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(C). The district court sentenced Absiya to two years of probation and imposed a $100 special assessment. On appeal, Absiy... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471567/ | MEMORANDUM **
Defendant Charles M. Frye appeals several aspects of the district court’s judgment against him following a jury trial on Plaintiff Excelsior College’s (“Excelsior”) claims of copyright infringement and trade secret misappropriation. We have jurisdiction under 28 U.S.C. § 1291. We conclude that the distric... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471570/ | MEMORANDUM *
Milton H. Greene Archives, Inc. (“Archives”) appeals from final judgment following a jury trial in its action for copyright infringement against Julien’s Auction House, LLC and related parties (“Ju-lien’s”) and Barclay Butera, Inc. and related parties (“Barclay”). Archives argues that the district court im... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471571/ | WARDLAW, Circuit Judge,
dissenting:
I respectfully dissent from paragraph 17 of the majority’s memorandum disposition. While the district court was aware of the *250factors to be weighed in exercising its discretion to award attorneys’ fees under the Copyright Act, I have a “definite and firm conviction that the distri... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471573/ | MEMORANDUM **
Gerson Sigfredo Sermeno-Rodriguez, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471575/ | MEMORANDUM **
Christopher J. Hightower (“Hightower”) appeals the district court’s denial of his petition for a writ of habeas corpus, which challenges his conviction for rape in violation of California Penal Code § 261(a)(2) and forcible oral copulation in violation of California Penal Code § 288a.1 Because the Antiter... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472093/ | MEMORANDUM **
Luis Saiz appeals from his guilty-plea conviction and 40-month sentence imposed for transportation of illegal aliens for profit, in violation of 8 U.S.C. § 1324(a)(1)(A) and 1324(a)(l)(B)(i).
Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Saiz’s counsel has filed a b... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471576/ | MEMORANDUM ***
Kevin Glass, an engineer, appeals the district court’s grant of summary judgment in his action against Intel Corporation and Kursad Kiziloglu under the Age Discrimination in Employment Act, the Americans with Disabilities Act, California’s Fair Employment and Housing Act, and other California law. We hav... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471580/ | MEMORANDUM **
Kenneth Taylor appeals from the district court’s decision affirming the Commissioner’s denial of his applications for Social Security disability and Supplemental Security Income disability benefits. Reviewing de novo, we reverse in part, affirm in part, and remand.
Taylor argues that the ALJ failed to pro... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471582/ | MEMORANDUM **
E. Duane Brooks appeals (1) the Rule 12(b)(6) dismissal of his claims against Citibank under the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692 et seq., (2) the grant of summary judgment to Citibank on his claims under the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681 et. seq., and ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471584/ | MEMORANDUM **
Pavao appeals from the district court’s summary judgment for Allstate. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
Jake Pavao’s injuries arose out of his occupancy of a vehicle, and thus appear to fall squarely within the terms of Exclusions 5 and 7 of the policy. Pavao nevertheless ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471586/ | MEMORANDUM *
Moheb Zaki Khella, a native and citizen of Egypt, petitions for review of an order of the Board of Immigration Appeals dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”) an... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471588/ | MEMORANDUM ***
Josette Marie Szetela (“Appellant”) pled guilty to embezzling approximately *269$193,000 from the United States Department of Defense. She now appeals her resulting eighteen-month sentence of incarceration and the restitution order imposed by the district court. This court has jurisdiction pursuant to 28... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471590/ | MEMORANDUM *
Spalding Laboratories, Inc. (“Spalding”) appeals from the district court’s grant of judgment as a matter of law in favor of Arizona Biological Control, Inc., et. al. (“Arbico”). We have jurisdiction pursuant to 28 U.S.C. § 1291. We reverse.
The jury could have reasonably concluded that Arbico’s advertiseme... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471583/ | MEMORANDUM **
E. Duane Brooks appeals (1) the Rule 12(b)(6) dismissal of his claims against Citibank under the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692 et seq., (2) the grant of summary judgment to Citibank on his claims under the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681 et. seq., and ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471591/ | MEMORANDUM *
Spalding Laboratories, Inc. (“Spalding”) appeals from the district court’s grant of judgment as a matter of law in favor of Arizona Biological Control, Inc., et. al. (“Arbico”). We have jurisdiction pursuant to 28 U.S.C. § 1291. We reverse.
The jury could have reasonably concluded that Arbico’s advertiseme... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471593/ | MEMORANDUM ***
Edgar Macias appeals from a 37-month sentence imposed by the district court following his guilty plea to one count of wire fraud in violation of 18 U.S.C. § 1343. We have jurisdiction under 28 U.S.C. § 1291 and affirm.
The district court did not abuse its discretion in sentencing based on a two-level enh... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471596/ | MEMORANDUM*
Plaintiffs advertising is protected expressive activity. E.g., 44 Liquormart, Inc. v. Rhode Island, 517 U.S. 484, 508-12, 116 S.Ct. 1495, 134 L.Ed.2d 711 (1996) (plurality opinion). Selling cigarettes isn’t, because it doesn’t involve conduct with a “significant expressive element.” Arcara v. Cloud Books, I... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471600/ | MEMORANDUM *
Wu Chen, a native and citizen of China, petitions pro se for review of a decision of the Board of Immigration Appeals (“BIA”) summarily affirming an immigration judge’s (“IJ”) denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Chen asserte... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471605/ | MEMORANDUM **
Marcos Polo Salazar-Reyes petitions for review of the Board of Immigration Appeal’s (“BIA”) affirmance of an immigration judge’s (“IJ”) decision sustaining his removability due to a 2004 theft conviction and pretermitting his application for adjustment of status. We have jurisdiction under 8 U.S.C. § 1252... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471609/ | MEMORANDUM *
In 08-35427, a federal grand jury witness appeals from the district court’s denial of his motion for return of property under Federal Rule of Criminal Procedure 41(g) and for an evidentiary hearing. The district court did not abuse its discretion in declining to exercise its equitable jurisdiction under th... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471614/ | MEMORANDUM *
Enders Adem Abdu petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming the Immigration Judge’s (“U”) denial of his request for asylum and vacating the I J’s grant of withholding of removal. We hold that the BIA’s decision was supported by substantial evidence and deny the pet... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471616/ | MEMORANDUM *
Eng Chhun petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming the Immigration Judge’s (“IJ”) denial of his request for asylum and withholding of removal. We hold that the BIA’s decision was supported by substantial evidence and deny the petition for review.
We review the BI... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471618/ | MEMORANDUM **
Sherie Campbell (“Campbell”) appeals an adverse grant of summary judgment on her state law claims against the City of Boise, Idaho (“Boise”), for unlawful search and unlawful arrest under the Idaho Constitution and the denial of her motion to remand these claims to state court.
After properly dismissing C... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471620/ | MEMORANDUM **
David Cannon (“Cannon”) appeals his misdemeanor conviction under the Lacey Act, 16 U.S.C. § 3372(a)(1), for transportation of wildlife taken in violation of a regulation of the United States. The parties are familiar with the facts of this case, which we repeat here only to the extent necessary to explain... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471622/ | MEMORANDUM **
Having pled guilty, Defendant-Appellant Jason Matson (“Matson”) appeals the district court’s denial of his motion to suppress evidence. We address each of his arguments in turn.
Matson first argues that border patrol agents did not have reasonable suspicion to stop his vehicle. To conduct an investigatory... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471650/ | PER CURIAM.
ORDER
John D. Miller petitions for a writ of mandamus to direct the United States Court of Appeals for Veterans Claims to transmit his notice of appeal of the Court of Appeals for Veterans Claims’ judgment in Miller v. DVA, No. 06-0933, to this court.
The Court of Appeals for Veterans Claims entered judgm... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471598/ | MEMORANDUM *
Wu Chen, a native and citizen of China, petitions pro se for review of a decision of the Board of Immigration Appeals (“BIA”) summarily affirming an immigration judge’s (“IJ”) denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Chen asserte... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471599/ | CALLAHAN, Circuit Judge,
dissenting:
I respectfully dissent from the decision to grant Chen’s petition because, in my view, the IJ’s adverse credibility determination was supported by substantial evidence and the record does not compel a contrary conclusion.
As the majority explains, we are reviewing the IJ’s decision ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471602/ | MEMORANDUM *
The San Carlos Apache Tribe (Tribe) filed this notice of appeal within 60 days of the filing of the January 8, 2008 order altering the role of the Water Commissioner. Although the notice of appeal was not filed within 60 days of the entry of the district court’s two orders issued August 24, 2007 (referred ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471604/ | MEMORANDUM **
Marcos Polo Salazar-Reyes petitions for review of the Board of Immigration Appeal’s (“BIA”) affirmance of an immigration judge’s (“IJ”) decision sustaining his removability due to a 2004 theft conviction and pretermitting his application for adjustment of status. We have jurisdiction under 8 U.S.C. § 1252... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471606/ | MEMORANDUM **
William J. Bennett (“Bennett”) appeals the grant of qualified immunity and summary judgment in favor of Officer Sean Gow (“Officer Gow”), Jane Doe Gow, and Grays Harbor County (the “County”). We affirm.
A. Probable Cause for Arrest
An officer has probable cause for arrest if “ ‘the facts and circumstances... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471610/ | MEMORANDUM **
Boutros Albert Kattra (“Kattra”), a native and citizen of Lebanon, asks us to review the Board of Immigration Appeals’s (“BIA”) decision denying his motion to reopen his removal proceedings.
We have jurisdiction pursuant to 8 U.S.C. § 1252. We review denials of motions to reopen under an abuse of discreti... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471615/ | MEMORANDUM *
Enders Adem Abdu petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming the Immigration Judge’s (“U”) denial of his request for asylum and vacating the I J’s grant of withholding of removal. We hold that the BIA’s decision was supported by substantial evidence and deny the pet... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471617/ | MEMORANDUM *
Eng Chhun petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming the Immigration Judge’s (“IJ”) denial of his request for asylum and withholding of removal. We hold that the BIA’s decision was supported by substantial evidence and deny the petition for review.
We review the BI... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471621/ | MEMORANDUM **
David Cannon (“Cannon”) appeals his misdemeanor conviction under the Lacey Act, 16 U.S.C. § 3372(a)(1), for transportation of wildlife taken in violation of a regulation of the United States. The parties are familiar with the facts of this case, which we repeat here only to the extent necessary to explain... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471623/ | MEMORANDUM **
Having pled guilty, Defendant-Appellant Jason Matson (“Matson”) appeals the district court’s denial of his motion to suppress evidence. We address each of his arguments in turn.
Matson first argues that border patrol agents did not have reasonable suspicion to stop his vehicle. To conduct an investigatory... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471625/ | MEMORANDUM *
Terminal Freezers Inc. (“Terminal”) appeals the district court’s grant of U.S. Fire Insurance’s (“U.S. Fire’s”) motion for summary judgment. We affirm.
“Because federal jurisdiction in this case is based on diversity of citizenship, we apply the substantive law of the state of Washington.” Conrad v. Ace Pr... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471651/ | PER CURIAM.
ORDER
John D. Miller petitions for a writ of mandamus to direct the United States Court of Appeals for Veterans Claims to transmit his notice of appeal of the Court of Appeals for Veterans Claims’ judgment in Miller v. DVA, No. 06-0933, to this court.
The Court of Appeals for Veterans Claims entered judgm... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471632/ | ON MOTION
PER CURIAM.
ORDER
The Secretary of the Air Force moves to dismiss L-3 Communications Corporation, Link Simulation & Training Division’s (L-3) appeal as untimely. L-3 opposes. The Secretary replies.*
The Secretary argues that L-3 did not file its notice of appeal in this ease until 121 days after its receipt... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471635/ | ON MOTION
PER CURIAM.
ORDER
Bob J. McAdams responds to the court’s order directing him to show cause why his appeal should not be dismissed as untimely.
The docket sheet of the United States Court of Federal Claims reflects that judgment was entered on February 1, 2008, 2008 WL 654271. McAdams filed a motion for reco... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471637/ | ON MOTION
PER CURIAM.
ORDER
Keith Russell Judd responds to the court’s order directing him to show cause why the judgment of the United States Court of Federal Claims should not be summarily affirmed and submits various motions and submissions requesting, inter alia, to reinstate his appeal, for the court to order pr... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471639/ | ON MOTION
PER CURIAM.
ORDER
The Secretary of Veterans Affairs moves to waive the requirements of Fed. Cir. R. 27(f) and to dismiss Ivy L. Horton’s appeal from the United States Court of Appeals for Veterans Claims judgment in Horton v. Peake, 06-0931, for lack of jurisdiction.
Horton sought review by the Court of App... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471629/ | MEMORANDUM *
Heng Chhun petitions for review of the Board of Immigration Appeals’ (“BIA”) decision adopting, supplementing, and affirming the Immigration Judge’s (“IJ”) denial of Chhun’s request for asylum, withholding of removal, and deferral of removal under the Convention Against Torture (“CAT”). The IJ found that C... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471633/ | ON MOTION
PER CURIAM.
ORDER
The Secretary of the Air Force moves to dismiss L-3 Communications Corporation, Link Simulation & Training Division’s (L-3) appeal as untimely. L-3 opposes. The Secretary replies.*
The Secretary argues that L-3 did not file its notice of appeal in this ease until 121 days after its receipt... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471634/ | ON MOTION
PER CURIAM.
ORDER
Bob J. McAdams responds to the court’s order directing him to show cause why his appeal should not be dismissed as untimely.
The docket sheet of the United States Court of Federal Claims reflects that judgment was entered on February 1, 2008, 2008 WL 654271. McAdams filed a motion for reco... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471636/ | ON MOTION
PER CURIAM.
ORDER
Keith Russell Judd responds to the court’s order directing him to show cause why the judgment of the United States Court of Federal Claims should not be summarily affirmed and submits various motions and submissions requesting, inter alia, to reinstate his appeal, for the court to order pr... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8478098/ | ORDER
The petitioner having failed to file the brief required by Federal Circuit Rule 31(a) within the time permitted by the rules, it is
ORDERED that the petition for review be, and the same hereby is, DISMISSED, for failure to prosecute in accordance with the rules. | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471645/ | PER CURIAM.
ORDER
Carol A. Murphy petitions for a writ of mandamus to compel the United States Court of Federal Claims to hear her case and moves for leave to proceed in forma pauperis.
On May 9, 2008, Murphy filed a complaint in the United States Court of Federal Claims alleging that six federal judges violated her ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471646/ | *546ON MOTION
PER CURIAM.
ORDER
The Secretary of Veterans Affairs moves to dismiss Constance L. Kiggins’ appeal as untimely. Constance L. Kiggins opposes.
The Secretary argues that Kiggins did not timely file her notice of appeal of the United States Court of Appeals for Veterans Claims’ September 12, 2008 judgment a... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471649/ | ON MOTION
PER CURIAM.
ORDER
The Secretary of Veterans Affairs moves to dismiss for lack of jurisdiction Thomas L. Jones’ appeal from a decision of the United States Court of Appeals for Veterans Claims (CAVC). Jones opposes.
Jones sought review by CAVC of a Board of Veterans’ Appeals decision deny*547ing his claim fo... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471641/ | ON MOTION
PER CURIAM.
ORDER
The court considers whether to consolidate James E. Slate’s appeals and to transfer the appeals to the United States Court of Appeals for the Fourth Circuit.
State filed an appeal with the Merit Systems Protection Board, challenging his removal from his position at the United States Postal... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471652/ | ON MOTION
PER CURIAM.
ORDER
Irolene F. Whitehead moves for reconsideration of the court’s previous rejection of her petition for review as untimely.
On October 5, 2008, the Merit Systems Protection Board issued a final decision in Whitehead v. Department of Defense, No. DC-0752-08-0376-1-1, specifying that its decisi... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471659/ | ON PETITION FOR PERMISSION TO APPEAL
MAYER, Circuit Judge.
ORDER
Mitchell Scruggs et al. (Scruggs) petition for permission to appeal an order certified by the United States District Court for the Northern District of Mississippi as one involving controlling issues of law as to which there is substantial ground for di... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471653/ | ON MOTION
PER CURIAM.
ORDER
Irolene F. Whitehead moves for reconsideration of the court’s previous rejection of her petition for review as untimely.
On October 5, 2008, the Merit Systems Protection Board issued a final decision in Whitehead v. Department of Defense, No. DC-0752-08-0376-1-1, specifying that its decisi... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471657/ | ON MOTION
LINN, Circuit Judge.
ORDER
Four Rivers Investment, Inc. moves for reconsideration of the court’s order dismissing its appeal for failure to file a joint appendix. Four Rivers also moves to dispense with the appendix and to proceed on the original trial court record.
Pursuant to Fed. Cir. R. 11(a), the trial... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471658/ | ON PETITION FOR PERMISSION TO APPEAL
MAYER, Circuit Judge.
ORDER
Mitchell Scruggs et al. (Scruggs) petition for permission to appeal an order certified by the United States District Court for the Northern District of Mississippi as one involving controlling issues of law as to which there is substantial ground for di... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471697/ | ON MOTION
PER CURIAM.
ORDER
The United States moves to dismiss Michael C. Smart’s appeal as untimely. Smart opposes. The United States moves for leave to file its reply. Smart moves for leave to file a sur-reply.
The United States Court of Federal Claims’ docket sheet reflects that judgment was entered on January 30,... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471662/ | *555
ORDER
PER CURIAM.
Jennifer West requests reconsideration of this court’s rejection of her petition for review as untimely.
On September 19, 2008, 110 M.S.P.R. 152, the Board denied West’s petition for review and informed West that its decision was final and that any petition for review must be received by this co... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471664/ | ON MOTION
PER CURIAM.
ORDER
Pamela D. Dinkier moves for leave to proceed in forma pauperis and submits correspondence requesting that the court accept her untimely petition for review. The court considers whether the petition should be dismissed.
On April 30, 2008, the Merit Systems Protection Board issued a final de... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471667/ | ON MOTION
PER CURIAM.
ORDER
The Secretary of Veterans Affairs moves to waive the requirements of Fed. Cir. R. 27(f) and dismiss for lack of jurisdiction Oscar S. Goins’s appeal from a decision of the United States Court of Appeals for Veterans Claims affirming the Board of Veterans’ Appeals (Board) decision that deni... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471668/ | ON MOTION
PER CURIAM.
ORDER
The Secretary of Veterans Affairs moves to waive the requirements of Fed. Cir. R. 27(f) and to dismiss Jenese E. Smith’s appeal from the United States Court of Appeals for Veterans Claims judgment in Smith v. Peake, 06-2970, for lack of jurisdiction. Smith opposes,
Smith sought review by t... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471674/ | ON MOTION
PER CURIAM.
ORDER
The Postmaster General moves to waive the requirements of Fed. Cir. R. 27(f) and to dismiss Frank Baiamonte’s appeal from the United States Postal Service Board of Contract Appeals decisions in case nos. 5297, 5324, and 5334 for lack of jurisdiction. Baiamonte opposes.
Baiamonte filed case... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471676/ | ON MOTION
LINN, Circuit Judge.
ORDER
Fairchild Semiconductor Corporation moves for stay, pending appeal,* of the permanent injunction entered by the United States District Court for the District of Delaware on December 12, 2008. Power Integrations, Inc. opposes and requests that the court dismiss Fairchild’s appeal. ... | 01-04-2023 | 11-05-2022 |
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