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https://www.courtlistener.com/api/rest/v3/opinions/8472030/
MEMORANDUM *** Carl E. Person, pro se, appeals the district court’s dismissal of his Second Amended Complaint (“SAC”) against Google, Inc. Person alleged that Google violated the Sherman Act § 2 for “monopolizing and combining to monopolize the search advertising market and submarket for monetizing the traffic of commu...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472291/
OPINION PER CURIAM. Chandan S. Vora appeals from an order of the United States District Court for the Western District of Pennsylvania dismissing pursuant to 28 U.S.C. § 1915(e)(2)(B) her “petition for removal” filed on April 6, 2009. As she has done repeatedly before, Vora filed a “petition for removal” in the Distric...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472719/
Affirmed by unpublished PER CURIAM opinion. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Raymond W. Carter appeals the district court’s order accepting the recommendation of the magistrate judge and denying relief on his 42 U.S.C. § 1983 (2006) complaint. We have reviewed the record and f...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472032/
MEMORANDUM ** Universal Trading & Investment Co. (“UTI”) appeals the district court’s order granting summary judgment in favor of defendants. We have jurisdiction under 28 U.S.C. § 1291. We review de novo the district court’s determination regarding standing, as well as the district court’s interpretation of foreign la...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472034/
MEMORANDUM ** Eun Hee Lee and her two children, Jung Woo Kim and Joo Yon Kim, natives and citizens of South Korea, petition for review of the Board of Immigration Appeals’ order dismissing their appeal from an immigration judge’s order of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252. Reviewing “whether sub...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472037/
MEMORANDUM ** Francisco Alejandro Ortiz-Ventura, a native and citizen of Peru, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, and review de novo que...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472039/
*237MEMORANDUM ** Jayoung Moon and her sister, Hayoung Moon, natives and citizens of South Korea, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s order of removal and denying their motion to remand to apply for cancellation of removal. We have j...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472292/
OPINION PER CURIAM. Chandan S. Vora appeals from an order of the United States District Court for the Western District of Pennsylvania dismissing pursuant to 28 U.S.C. § 1915(e)(2)(B) her “petition for removal” filed on April 6, 2009. As she has done repeatedly before, Vora filed a “petition for removal” in the Distric...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472438/
MEMORANDUM ** The district court did not abuse its discretion in denying Allan-Selvin’s motion to dismiss for preindictment delay because its finding that Allan was not prejudiced was not clearly erroneous. Evidence of Allan-Selvin’s prior deportations was not inadmissible under Rule 404(b) of the Federal Rules of Evid...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472033/
MEMORANDUM ** Universal Trading & Investment Co. (“UTI”) appeals the district court’s order granting summary judgment in favor of defendants. We have jurisdiction under 28 U.S.C. § 1291. We review de novo the district court’s determination regarding standing, as well as the district court’s interpretation of foreign la...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472036/
MEMORANDUM ** Francisco Alejandro Ortiz-Ventura, a native and citizen of Peru, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, and review de novo que...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472038/
*237MEMORANDUM ** Jayoung Moon and her sister, Hayoung Moon, natives and citizens of South Korea, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s order of removal and denying their motion to remand to apply for cancellation of removal. We have j...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472383/
ORDER In March 2008, Antwyn Williams began serving a five-year term of supervised release after completing a prison term for a drug-conspiracy conviction. See 21 U.S.C. §§ 846, 841(a)(1). But in April, Williams violated the conditions of his supervised release by possessing marijuana, which he admitted at a revocation ...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472385/
ORDER Arlinda Johns appeals the denial of her motion for a reduced sentence under 18 U.S.C. § 3582(c)(2). She pleaded guilty in 2003 to conspiring to distribute crack, 21 U.S.C. §§ 846, 841(a)(1), and was sentenced to 151 months’ imprisonment. That term was later reduced to 121 months on her motion after the guideline ...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472440/
MEMORANDUM ** The County of San Bernardino (the “County”) appeals the district court’s award of damages, interest penalties, and attorney fees for the County’s breach of a construction contract with L.T. Engineering, Inc. (“LTE”). The County does not contest its breach-of-contract liability but challenges the damages a...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8478105/
ORDER The parties having so agreed, it is ORDERED that the proceeding is DISMISSED under Fed. R.App. P. 42(b).
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472040/
MEMORANDUM ** Emil Badalzadeh, a native and citizen of Iran, petitions for review from the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s decision denying her applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We h...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472042/
MEMORANDUM ** Marvin Raul Rodriguez-Pao, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for asylum, and withholding of removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We revie...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472044/
MEMORANDUM ** Angela Vardanesi Cocharian, a native and citizen of Armenia, petitions pro se for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s (“IJ”) decision denying her application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. W...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472046/
MEMORANDUM ** Amritpal Kaur Sar, a native of Malaysia and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen deportation proceedings based on ineffective assistance of counsel. We have *243jurisdiction pursuant to 8 U.S.C. § 1252. We review for abuse o...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472454/
MEMORANDUM ** Rafaela Jimenez Luna, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s (“IJ”) decision denying her application for cancellation of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252. We review d...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472041/
MEMORANDUM ** Emil Badalzadeh, a native and citizen of Iran, petitions for review from the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s decision denying her applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We h...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472043/
MEMORANDUM ** Marvin Raul Rodriguez-Pao, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for asylum, and withholding of removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We revie...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472045/
MEMORANDUM ** Angela Vardanesi Cocharian, a native and citizen of Armenia, petitions pro se for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s (“IJ”) decision denying her application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. W...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472047/
MEMORANDUM ** Amritpal Kaur Sar, a native of Malaysia and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen deportation proceedings based on ineffective assistance of counsel. We have *243jurisdiction pursuant to 8 U.S.C. § 1252. We review for abuse o...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472456/
MEMORANDUM ** Raul Montelongo Gomez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen. Cardoso-Tlaseca v. Gonzales, 460 F.3d...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472051/
MEMORANDUM ** Ali Mohammed Ali Dhaifallah, a native and citizen of Yemen, petitions for review in case No. 06-74350 of a Board of Immigration Appeals’ (“BIA”) order (1) affirming an immigration judge’s (“IJ”) denial of a motion to continue; (2) dismissing his appeal from the IJ’s decision denying his applications for a...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472052/
MEMORANDUM ** Zahid Hussain, a native and citizen of Pakistan, petitions for review of the Board of Immigration Appeals’ (“BIA”) denial of his motion to reopen removal proceedings (No. 05-70453). Hussain and his wife, Ta-lat, petition for review of the BIA’s denial of their motion to reconsider the denial of Hussain’s ...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472054/
MEMORANDUM ** Zhongling Fan, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s decision denying her application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evid...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472457/
MEMORANDUM ** Raul Montelongo Gomez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen. Cardoso-Tlaseca v. Gonzales, 460 F.3d...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472050/
MEMORANDUM ** Ali Mohammed Ali Dhaifallah, a native and citizen of Yemen, petitions for review in case No. 06-74350 of a Board of Immigration Appeals’ (“BIA”) order (1) affirming an immigration judge’s (“IJ”) denial of a motion to continue; (2) dismissing his appeal from the IJ’s decision denying his applications for a...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472053/
MEMORANDUM ** Zahid Hussain, a native and citizen of Pakistan, petitions for review of the Board of Immigration Appeals’ (“BIA”) denial of his motion to reopen removal proceedings (No. 05-70453). Hussain and his wife, Ta-lat, petition for review of the BIA’s denial of their motion to reconsider the denial of Hussain’s ...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472055/
MEMORANDUM ** Zhongling Fan, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s decision denying her application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evid...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472056/
MEMORANDUM ** Ana Milagro Campos, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her second motion to reopen proceedings in which she was ordered removed in absentia. We have jurisdiction pursuant to 8 U.S.C. § 1252. Reviewing for abuse of discretion...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472488/
MEMORANDUM ** Luis Ricardo Cardenas-Reyes appeals from the district court’s judgment revoking his supervised release and imposing a 24-month sentence of imprisonment, plus a new 12-month term of supervised release. Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Cardenas-Reyes’ cou...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472058/
MEMORANDUM ** Soon Hak Baek, his wife, Eun Joo Baek, and his daughter, In Hee Baek, natives and citizens of South Korea, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s (“IJ”) order of removal and denial of a motion to continue. Our jurisdiction...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472060/
ORDER Appellant seeks a declaratory judgment that California Rule of Court (“CRC”) 8.1115(a) deprives Appellant of his Fourteenth Amendment due process and equal protection rights and creates a system in which California courts apply result-oriented legal rules to litigants in unpublished cases, which rules are not app...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472062/
MEMORANDUM * Lorenzo Jones (“Jones”) appeals his conviction and 262-month sentence for be*256ing a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). We affirm. Viewed in the light most favorable to the prosecution, there was sufficient evidence that Jones jointly possessed the firearms with his p...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472064/
MEMORANDUM *** Petitioners Ganit Micheil Gergies Koussa and her son, Maged Nashid,1 petition for review of a decision of the Board of Immigration Appeals (“BIA”) affirming the Immigration Judge’s (“IJ”) denial of their application for asylum and withholding of removal. The IJ denied relief after making an adverse-credi...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472066/
MEMORANDUM * Shihao Guan, a native and citizen of China, petitions for review of the final order of removal denying his claims for withholding of removal and relief under the Convention Against Torture (CAT).1 We grant the petition and remand for a determination on an open record whether Guan is entitled to withholding...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472067/
BEA, Circuit Judge, dissenting: I disagree with the majority’s view that one silly reference to inadmissible evidence by the immigration judge (“IJ”) is like a drop of ink in clear water, spoiling the *263remainder of the IJ’s rationale with respect to his adverse credibility determination, no matter how well-reasoned....
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472070/
MEMORANDUM ** Ricardo E. Eguizabal, a native and citizen of El Salvador, petitions pro se for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s removal order. We have jurisdiction under 8 U.S.C. § 1252. We review de novo whether a particular conviction constitutes an ag...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472059/
MEMORANDUM ** Soon Hak Baek, his wife, Eun Joo Baek, and his daughter, In Hee Baek, natives and citizens of South Korea, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s (“IJ”) order of removal and denial of a motion to continue. Our jurisdiction...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472063/
MEMORANDUM * Lorenzo Jones (“Jones”) appeals his conviction and 262-month sentence for be*256ing a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). We affirm. Viewed in the light most favorable to the prosecution, there was sufficient evidence that Jones jointly possessed the firearms with his p...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472065/
MEMORANDUM *** Petitioners Ganit Micheil Gergies Koussa and her son, Maged Nashid,1 petition for review of a decision of the Board of Immigration Appeals (“BIA”) affirming the Immigration Judge’s (“IJ”) denial of their application for asylum and withholding of removal. The IJ denied relief after making an adverse-credi...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472068/
MEMORANDUM * Shihao Guan, a native and citizen of China, petitions for review of the final order of removal denying his claims for withholding of removal and relief under the Convention Against Torture (CAT).1 We grant the petition and remand for a determination on an open record whether Guan is entitled to withholding...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472069/
BEA, Circuit Judge, dissenting: I disagree with the majority’s view that one silly reference to inadmissible evidence by the immigration judge (“IJ”) is like a drop of ink in clear water, spoiling the *263remainder of the IJ’s rationale with respect to his adverse credibility determination, no matter how well-reasoned....
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472071/
MEMORANDUM ** Ricardo E. Eguizabal, a native and citizen of El Salvador, petitions pro se for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s removal order. We have jurisdiction under 8 U.S.C. § 1252. We review de novo whether a particular conviction constitutes an ag...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472072/
MEMORANDUM ** David Fernando Sanchez-Hernandez appeals from the 30-month sentence imposed following his jury-trial conviction for illegal re-entry after deportation, in violation of 8 U.S.C. § 1326(a). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm. Sanchez-Hernandez contends that the district court e...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472076/
MEMORANDUM ** In these consolidated appeals, Michael F. Schulze appeals pro se from the district court’s orders: (1) denying his motion for reversal of his conviction and dismissal of the indictment; (2) denying his motion for disclosure of grand jury transcripts; and (3) reaffirming his sentence following a limited re...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472078/
MEMORANDUM ** Quanzong Jia, a native and citizen of the People’s Republic of China, 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 asylum and withholding of removal. We have jurisdiction under 8 U.S.C....
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472080/
MEMORANDUM ** Sergio Romero Zatarain and Susana Pena Rodriguez, spouses and natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ order *272dismissing their appeal from an immigration judge’s (“IJ”) decision denying their motion for a continuance. We have jurisdiction under 8 U.S.C. §...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472090/
MEMORANDUM ** Sergio De Jesus Valenzuela Luna, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”)...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472073/
MEMORANDUM ** David Fernando Sanchez-Hernandez appeals from the 30-month sentence imposed following his jury-trial conviction for illegal re-entry after deportation, in violation of 8 U.S.C. § 1326(a). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm. Sanchez-Hernandez contends that the district court e...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472075/
MEMORANDUM * Balwinder Singh, a native and citizen of India, petitions for review of a decision of the Board of Immigration Appeals (“BIA”) affirming the determinations of an immigration judge (“IJ”) that Singh is ineligible for asylum because his application is time-barred, and is ineligible for asylum, withholding of...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472077/
MEMORANDUM ** In these consolidated appeals, Michael F. Schulze appeals pro se from the district court’s orders: (1) denying his motion for reversal of his conviction and dismissal of the indictment; (2) denying his motion for disclosure of grand jury transcripts; and (3) reaffirming his sentence following a limited re...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472079/
MEMORANDUM ** Quanzong Jia, a native and citizen of the People’s Republic of China, 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 asylum and withholding of removal. We have jurisdiction under 8 U.S.C....
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472082/
MEMORANDUM ** Jaime Gutierrez Siordia, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) decision dismissing his appeal from an immigration judge’s (“IJ”) decision pretermitting his application for cancellation of removal. We have jurisdiction pursuant to 8 U.S.C. ...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472084/
MEMORANDUM ** Oscar Hernandez, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ decision dismissing his appeal from an Immigration Judge’s (“IJ”) decision denying his motion to continue and ordering him removed. We have jurisdiction under 8 U.S.C. § 1252. We review for ab...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472086/
MEMORANDUM ** Ying Ji Shen, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s (“IJ”) decision denying her application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We review for substantia...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472088/
MEMORANDUM ** Ashok Kumar Padan, native and citizen of India, petitions for review of the Board *277of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have ju...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472085/
MEMORANDUM ** Oscar Hernandez, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ decision dismissing his appeal from an Immigration Judge’s (“IJ”) decision denying his motion to continue and ordering him removed. We have jurisdiction under 8 U.S.C. § 1252. We review for ab...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472087/
MEMORANDUM ** Ying Ji Shen, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s (“IJ”) decision denying her application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We review for substantia...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472089/
MEMORANDUM ** Ashok Kumar Padan, native and citizen of India, petitions for review of the Board *277of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have ju...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472094/
MEMORANDUM ** Marco Antonio Herrera-Sanchez, citizen and native of Mexico, petitions for review of the Board of Immigration Appeals’ (BIA) order denying his motion to reopen. We have jurisdiction under 8 U.S.C. § 1252. We deny the petition for review. The BIA did not abuse its discretion when it denied Herrera-Sanchez’...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472096/
MEMORANDUM ** Devon Mitchell was convicted of bank robbery, 18 U.S.C. § 2113(a), armed bank robbery, 18 U.S.C. § 2113(a), (d), and possession of a firearm in furtherance of a crime of violence, 18 U.S.C. § 924(c). The district court sentenced him to 162 months for each robbery count, to be served concurrently, and 60 m...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472098/
MEMORANDUM ** In these consolidated petitions for review, Eduardo Domingo Benedito and Yolanda Cirilo Benedito, husband and wife and natives and citizens of the Philippines, petition for review of the Board of Immigration Appeals’ (“BIA”) orders dismissing their appeals from an immigration judge’s (“IJ”) decision denyi...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472100/
MEMORANDUM ** Abd El Aziz Fahmy Minssy, and his family, natives and citizens of Egypt, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reconsider. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reconsider, Cano-...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472103/
MEMORANDUM ** Jose Francisco Diaz Ponce and Celia Diaz Perez, husband and wife and natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen based on ineffective assistance of counsel. We have jurisdiction under 8 U.S.C. § 1252. We review for a...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472097/
MEMORANDUM ** Devon Mitchell was convicted of bank robbery, 18 U.S.C. § 2113(a), armed bank robbery, 18 U.S.C. § 2113(a), (d), and possession of a firearm in furtherance of a crime of violence, 18 U.S.C. § 924(c). The district court sentenced him to 162 months for each robbery count, to be served concurrently, and 60 m...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472099/
MEMORANDUM ** In these consolidated petitions for review, Eduardo Domingo Benedito and Yolanda Cirilo Benedito, husband and wife and natives and citizens of the Philippines, petition for review of the Board of Immigration Appeals’ (“BIA”) orders dismissing their appeals from an immigration judge’s (“IJ”) decision denyi...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472101/
MEMORANDUM ** Abd El Aziz Fahmy Minssy, and his family, natives and citizens of Egypt, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reconsider. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reconsider, Cano-...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472102/
MEMORANDUM ** Jose Francisco Diaz Ponce and Celia Diaz Perez, husband and wife and natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen based on ineffective assistance of counsel. We have jurisdiction under 8 U.S.C. § 1252. We review for a...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472104/
MEMORANDUM ** Mansoor Shahbuddin, a native and citizen of Pakistan, petitions for review of the Board of Immigration Appeals’ (“BIA”) order affirming an immigration judge’s *291(“IJ”) decision denying Shahbuddin’s application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). W...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472113/
ON MOTION PER CURIAM. ORDER Eartha P. Johnson moves for reconsideration of the court’s previous rejection of her petition for review. The Merit Systems Protection Board issued its final order on November 24, 2008. Johnson received a copy of the Board’s order on November 29, 2008. Johnson’s petition was received by th...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472115/
*579 ORDER PER CURIAM. Pavel Maslyukov and the Director of the United States Patent and Trademark Office each respond to the court’s March 20, 2009 order directing Maslyukov to show cause why his appeal should not be dismissed as untimely. Maslyukov also moves for a 14-day extension of time to file his brief. On Septe...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472118/
ON MOTION ORDER Upon consideration of the United States’ motion to withdraw its appeal, IT IS ORDERED THAT: (1) The motion is granted. The appeal is dismissed. (2) Any other pending motions are moot. (3) Each side shall bear its own costs.
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472119/
ON MOTION MAYER, Circuit Judge. ORDER Bard Peripheral Vascular Inc., David Goldfarb, M.D., and C.R. Bard Inc. (“Bard”) move to dismiss W.L. Gore & Associates, Inc.’s (“Gore”) appeal, 2009-1345, for lack of jurisdiction. Gore opposes. Bard replies. Bard filed an action against Gore in the United States District Court ...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472121/
ON PETITION FOR WRIT OF MANDAMUS PROST, Circuit Judge. ORDER Google, Inc. moves without opposition to withdraw its petition for a writ of mandamus and to vacate the July 10, 2009 order of the United States District Court for the *582Eastern District of Texas denying petitioners’ motion to transfer venue. Google also ...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472124/
ON MOTION PROST, Circuit Judge. ORDER National Oilwell Vareo, L.P. (Vareo) moves to dismiss 2009-1397, arguing that the United States District Court for the District of Colorado improperly directed entry of final judgment pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. Pason Systems USA Corp. (Pason) ...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472127/
ON MOTION PROST, Circuit Judge. ORDER Munchkin Inc. (Munchkin) and Luv n’ care Ltd. (Luv) move to dismiss Cool Baby, Inc.’s (Cool Baby) appeal for lack of jurisdiction and request attorney fees. Cool Baby opposes. Munchkin and Luv reply. Cool Baby filed suit against Munchkin and Luv alleging patent infringement. Both...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8478106/
ORDER The parties having so agreed, it is ORDERED that the proceeding is DISMISSED under Fed. R.App. P. 42(b).
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472114/
ON MOTION PER CURIAM. ORDER Eartha P. Johnson moves for reconsideration of the court’s previous rejection of her petition for review. The Merit Systems Protection Board issued its final order on November 24, 2008. Johnson received a copy of the Board’s order on November 29, 2008. Johnson’s petition was received by th...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472117/
ON MOTION ORDER Upon consideration of the United States’ motion to withdraw its appeal, IT IS ORDERED THAT: (1) The motion is granted. The appeal is dismissed. (2) Any other pending motions are moot. (3) Each side shall bear its own costs.
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472120/
ON MOTION MAYER, Circuit Judge. ORDER Bard Peripheral Vascular Inc., David Goldfarb, M.D., and C.R. Bard Inc. (“Bard”) move to dismiss W.L. Gore & Associates, Inc.’s (“Gore”) appeal, 2009-1345, for lack of jurisdiction. Gore opposes. Bard replies. Bard filed an action against Gore in the United States District Court ...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472123/
ON MOTION PROST, Circuit Judge. ORDER National Oilwell Vareo, L.P. (Vareo) moves to dismiss 2009-1397, arguing that the United States District Court for the District of Colorado improperly directed entry of final judgment pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. Pason Systems USA Corp. (Pason) ...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472128/
ON MOTION PROST, Circuit Judge. ORDER Munchkin Inc. (Munchkin) and Luv n’ care Ltd. (Luv) move to dismiss Cool Baby, Inc.’s (Cool Baby) appeal for lack of jurisdiction and request attorney fees. Cool Baby opposes. Munchkin and Luv reply. Cool Baby filed suit against Munchkin and Luv alleging patent infringement. Both...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8478167/
SLOVITER, Circuit Judge. Appellant Teague Conaway1 (hereinafter “T.C.”) appeals the District Court’s grant of summary judgment in favor of defendant doctors and medical institutions. We will affirm.2 I. T.C. was born with a life-threatening congenital heart defect, hypoplastic left heart syndrome. The standard treatmen...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8478169/
OPINION OF THE COURT FUENTES, Circuit Judge: This case arises out of two contracts: a contract for the construction of four barges by HBC Barges, LLC (“HBC”) for Cashman Equipment Corporation (“Cash-man”), and a performance bond agreement between United States Fire Insurance Company (“U.S. Fire”) and HBC, which made U....
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8478172/
OPINION OF THE COURT FISHER, Circuit Judge. Steven W. Robinson (“Robinson”) appeals from an order of the District Court granting a motion for summary judgment in favor of defendant, Matthews International Corporation (“Matthews”), holding that Matthews did not violate Robinson’s rights under the Age Discrimination in E...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472129/
ON MOTION PER CURIAM. ORDER The Secretary of Veterans Affairs moves to waive the requirements of Fed. Cir. R. 27(f) and dismiss this appeal for lack of jurisdiction or, in the alternative, summarily affirm the judgment of the United States Court of Appeals for Veterans Claims in Palmer v. Peake, No. 08-2783. Palmer o...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472131/
PROST, Circuit Judge. ORDER Andy Lewis Heating & Air Conditioning, LLC submits correspondence stating that the above-captioned appeals were transmitted to this court in error and requesting that the court dismiss the appeals. The parties appeal a decision of the United States District Court for the Northern District ...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472133/
PROST, Circuit Judge. ORDER Aspex Eyewear, Inc. et al. (Aspex) and Revolution Eyewear, Inc. and Gary Martin Zelman (Revolution) each submit status reports. Aspex submits a supplemental status report. This case was stayed pending the court’s disposition in Revolution Eyewear, Inc. v. Aspex Eyewear, Inc., 556 F.3d 1294...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472135/
ON MOTION PROST, Circuit Judge. ORDER Vermont Yankee Nuclear Power Corporation, Entergy Nuclear Vermont Yankee, LLC (ENVY) and Entergy Nuclear Operations, Inc. (ENO) (collectively, ENVY and ENO are referred to in this order as Entergy), and the United States each respond to the court’s order directing them to respond...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472137/
ON MOTION PER CURIAM. ORDER The United States moves to waive the requirements of Fed. Cir. R. 27(f) and to dismiss Daniel L. DuMonde’s appeal as premature. DuMonde responds. Separately, DuMonde moves for leave to proceed in forma pauperis. DuMonde filed a complaint in the United States Court of Federal Claims allegin...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472141/
ON MOTION ORDER Upon consideration of the appellants’ motion to voluntarily dismiss their appeal,* IT IS ORDERED THAT: The motion is granted. Each side shall bear its own costs. It is not the court's usual practice to designate a voluntary dismissal as being with or without prejudice.
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472145/
ON MOTION ORDER Upon consideration of Deborah J. Jackson’s unopposed motion to voluntarily dismiss her appeal, IT IS ORDERED THAT: (1) The motion is granted. (2) Each side shall bear its own costs.
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472148/
Judgment PER CURIAM. This CAUSE having been heard and considered, it is *597ORDERED and ADJUDGED: AFFIRMED. See Fed. Cir. R. 36.
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472150/
SUMMARY ORDER Defendant-Appellant Starwood Hotels & Resorts Worldwide, Inc. (“Starwood”) appeals from an Order of the United States District Court for the Southern District of New York (McMahon, J.). The district court denied Starwood’s motion to compel Plaintiff-Appellee Moisés Mendez to arbitrate his employment discr...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8478174/
OPINION OF THE COURT DIAMOND, District Judge. Christopher Renda challenges two special conditions of supervised release imposed following his conviction for possession of firearms by a convicted felon. 18 U.S.C. § 922(g)(1). For the reasons that follow, we affirm. I. The District Court had jurisdiction pursuant to 18 U...
01-04-2023
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