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https://www.courtlistener.com/api/rest/v3/opinions/8478176/ | OPINION
SLOVITER, Circuit Judge.
John Van Salisbury appeals a $152,500 penalty assessed by the United States Department of Commerce, National Oceanic and Atmospheric Administration (“NOAA”), for civil violations of the Mag-nuson-Stevens Fishery Conservation and Management Act (“Magnuson-Stevens Act”), 16 U.S.C. §§ 1801... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8478179/ | OPINION
SLOVITER, Circuit Judge.
Petitioner Jian Wu Zheng, a native of Changle City in the Fujian Province of China, seeks review of a final order issued by the Board of Immigration Appeals (“BIA”) affirming the decision of an Immigration Judge (“IJ”) to deny Zheng’s motion to reopen his case on the basis of changed co... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8478180/ | OPINION
PER CURIAM.
Yong Ho Liu, a native and citizen of the People’s Republic of China, entered the United States at or near Miami, Florida, in September 2002, without a valid immigrant visa, and applied for entry as an immigrant. The Government charged him as removable. Liu conceded the charge, but applied for asylum... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472132/ | 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/8472136/ | 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/8472138/ | 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/8472139/ | ON MOTION
ORDER
The parties jointly move to dismiss and remand this appeal to the Trademark Trial and Appeal Board of the United States Patent and Trademark Office (TTAB).
Dismissal and remand are mutually exclusive dispositions. It appears that the parties seek remand for further proceedings before the TTAB.
Accordi... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472146/ | 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/8472149/ | 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/8478182/ | OPINION
SLOVITER, Circuit Judge.
Appellant Bonthan Eirng pled guilty to one count of possession with intent to distribute more than fifty grams of cocaine base (“crack cocaine”), in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(A). He was sentenced to 240 months imprisonment by the District Court.1 His counsel filed a... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472151/ | SUMMARY ORDER
Petitioner Rafiq Lalani Mohammed (“petitioner” or “Mohammed”), a native and citizen of India, appeals from a final removal order by the Board of Immigration Appeals (“BIA”) of August 21, 2008. Petitioner argues that the BIA erred when it denied his application to adjust status on the ground that the BIA l... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472153/ | SUMMARY ORDER
Petitioner Hung Liang Lin, a native and citizen of the People’s Republic of China, seeks review of: (1) the May 5, 2008 order of the BIA denying his second motion to reopen; and (2) the November 17, 2008 order of the BIA denying his third motion to reopen. In re Hung Liang Lin, No. A072 483 889 (B.I.A. M... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472157/ | SUMMARY ORDER
Jiabing Gao, a native and citizen of the People’s Republic of China, seeks review of a July 30, 2008 order of the BIA, affirming the March 27, 2003 decision of Immigration Judge (“IJ”) Joanna Miller Bukszpan, which denied her application for asylum and withholding of removal. In re Jiabing Gao, No. A076 ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472159/ | SUMMARY ORDER
Petitioner Anani Ore-Omolere Komi Dos-Reis, a native and citizen of Togo, seeks review of the September 10, 2008 order of the BIA affirming the December 18, 2006 decision of Immigration Judge (“IJ”) William Van Wyke pretermitting his application for asylum and denying his application for withholding of r... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472161/ | SUMMARY ORDER
Petitioner Li Peng Wang, a native and citizen of the People’s Republic of China, seeks review of an October 27, 2008 order of the BIA affirming the July 20, 2006 decision of Immigration Judge (“IJ”) Joanna Miller Bukszpan denying Wang’s application for asylum and withholding of removal. In re Li Peng Wan... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472163/ | SUMMARY ORDER
Petitioner Jin Zhu Jiang, a native and citizen of the People’s Republic of China, seeks review of an August 27, 2008 order of the BIA affirming the January 3, 2007 decision of Immigration Judge (“IJ”) Barbara A. Nelson denying Jiang’s application for asylum, withholding of removal, and relief under the C... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472165/ | SUMMARY ORDER
Ahmed Choullam was convicted of conspiring to import 1,000 kilograms or more of hashish in violation of 21 U.S.C. §§ 960(b)(1)(G), 963 and of conspiring to distribute or possess with intent to distribute 100 kilograms or more of hashish in violation of 21 U.S.C. §§ 841(b)(l)(B)(vii), 846. The facts and pr... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472169/ | *623
SUMMARY ORDER
Petitioner Shusil Thapa, a native and citizen of Nepal, seeks review of the October 31, 2008 order of the BIA affirming the July 31, 2007 decision of Immigration Judge (“IJ”) Thomas J. Mulligan, denying his application for asylum, withholding of removal, and relief under the Convention Against Tortu... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472172/ | SUMMARY ORDER
Petitioner Mei Ping Zheng, a native and citizen of China, seeks review of an October 23, 2008 order of the BIA affirming the April 26, 2007 decision of Immigration Judge (“IJ”) Paul A. DeFonzo denying her application for asylum, withholding of removal, and CAT relief. In re Mei Ping Zheng, No. A 099 667 ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472442/ | MEMORANDUM **
Gonzalo Vicente Alvarado-Matul, 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 withholding of removal and relief under the Convention Against Torture (“CAT”). We have ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472152/ | SUMMARY ORDER
Petitioner Rafiq Lalani Mohammed (“petitioner” or “Mohammed”), a native and citizen of India, appeals from a final removal order by the Board of Immigration Appeals (“BIA”) of August 21, 2008. Petitioner argues that the BIA erred when it denied his application to adjust status on the ground that the BIA l... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472154/ | SUMMARY ORDER
Petitioner Hung Liang Lin, a native and citizen of the People’s Republic of China, seeks review of: (1) the May 5, 2008 order of the BIA denying his second motion to reopen; and (2) the November 17, 2008 order of the BIA denying his third motion to reopen. In re Hung Liang Lin, No. A072 483 889 (B.I.A. M... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472156/ | SUMMARY ORDER
Li Rong Zhuo, a native and citizen of the People’s Republic of China, seeks review of a July 31, 2008 order of the BIA, which: (1) affirmed the April 18, 2007 decision of Immigration Judge (“IJ”) Javier Balasquide denying her application for asylum, withholding of removal, and relief under the Convention... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472158/ | SUMMARY ORDER
Jiabing Gao, a native and citizen of the People’s Republic of China, seeks review of a July 30, 2008 order of the BIA, affirming the March 27, 2003 decision of Immigration Judge (“IJ”) Joanna Miller Bukszpan, which denied her application for asylum and withholding of removal. In re Jiabing Gao, No. A076 ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472160/ | SUMMARY ORDER
Petitioner Anani Ore-Omolere Komi Dos-Reis, a native and citizen of Togo, seeks review of the September 10, 2008 order of the BIA affirming the December 18, 2006 decision of Immigration Judge (“IJ”) William Van Wyke pretermitting his application for asylum and denying his application for withholding of r... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472166/ | SUMMARY ORDER
Ahmed Choullam was convicted of conspiring to import 1,000 kilograms or more of hashish in violation of 21 U.S.C. §§ 960(b)(1)(G), 963 and of conspiring to distribute or possess with intent to distribute 100 kilograms or more of hashish in violation of 21 U.S.C. §§ 841(b)(l)(B)(vii), 846. The facts and pr... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472170/ | *623
SUMMARY ORDER
Petitioner Shusil Thapa, a native and citizen of Nepal, seeks review of the October 31, 2008 order of the BIA affirming the July 31, 2007 decision of Immigration Judge (“IJ”) Thomas J. Mulligan, denying his application for asylum, withholding of removal, and relief under the Convention Against Tortu... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472171/ | SUMMARY ORDER
Petitioner Mei Ping Zheng, a native and citizen of China, seeks review of an October 23, 2008 order of the BIA affirming the April 26, 2007 decision of Immigration Judge (“IJ”) Paul A. DeFonzo denying her application for asylum, withholding of removal, and CAT relief. In re Mei Ping Zheng, No. A 099 667 ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472452/ | MEMORANDUM **
Mark Allen MeMillion appeals from the 188-month sentence imposed by the district court, following his jury-trial conviction for violations of the Mann and Transportation Acts, 18 U.S.C. §§ 1952, 2421, 2422(a), 2423(a). We have jurisdiction under 28 U.S.C. § 1291. We affirm.
The record supports the conclus... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472173/ | SUMMARY ORDER
Petitioner Fu Zheng, a native and citizen of the People’s Republic of China, has filed a timely petition for review of the BIA’s October 15, 2008 order denying his motion to reopen his removal proceedings. In re Fu Zheng, No. A78 864 409 (B.I.A. Oct. 15, 2008). We assume the parties’ familiarity with the... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472177/ | SUMMARY ORDER
Petitioners Nen Mei Lin and Chao Rui Lin, natives and citizens of the People’s Republic of China, seek review of the September 18, 2008 order of the BIA, which: (1) affirmed the February 7, 2007 decision of Immigration Judge (“IJ”) Steven R. Abrams insofar as he denied their applications for asylum; (2) ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472179/ | SUMMARY ORDER
Petitioner Mao Lin Zhang, a native and citizen of the People’s Republic of China, seeks review of a September 30, 2008 order of the BIA denying his motion to reopen. In re Mao Lin Zhang, No. A077 309 222 (B.I.A. Sept. 30, 2008). We assume the parties’ familiarity with the underlying facts and procedural ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472181/ | SUMMARY ORDER
Petitioner Guo Heng Huang, a native and citizen of the People’s Republic of China, seeks review of a September 24, 2008 order of the BIA affirming the July 23, 2007 decision of Immigration Judge (“IJ”) Joanna Miller Bukszpan denying Huang’s application for asylum, withholding of removal, and relief under... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472183/ | SUMMARY ORDER
Petitioner Joseph Nick Bosquet, pro se, a native and citizen of Haiti, seeks review of the May 30, 2008 order of the BIA denying his motion to reconsider as untimely filed. We assume the parties’ familiarity with the underlying facts and the procedural history of the case.
This Court previously dismissed ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472185/ | SUMMARY ORDER
Petitioners Zanyu Jin and Dongchun Cui, natives and citizens of the People’s Republic of China, seek review of the May 30, 2008 order of the BIA dismissing for lack of jurisdiction their appeal from the January 17, 2006 decision of Immigration Judge (“IJ”) Robert D. Weisel: (1) granting Jin’s application... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472187/ | SUMMARY ORDER
William A. Bonilla (“Bonilla”) seeks review of a final order of deportation of the Board of Immigration Appeals (“BIA”). Bonilla contends that the Immigration Judge (“IJ”) and the BIA committed errors of law and constitutional errors in determining that he did not warrant relief under former section 212(... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472189/ | SUMMARY ORDER
Mei Zheng, a native and citizen of the People’s Republic of China (“China”), seeks review of an April 1, 2008 order of the BIA, affirming the May 18, 2006. decision of Immigration Judge (“IJ”) Steven R. Abrams, which denied her application for asylum, withholding of removal, and relief under the Conventi... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472191/ | SUMMARY ORDER
Petitioner Yang Fa Chen, a native and citizen of the People’s Republic of China, seeks review of the February 4, 2008 order of the BIA, affirming the October 30, 2007 decision of Immigration Judge (I J) Gabriel C. Videla, denying his motion to reopen. In re Yang Fa Chen, No. A070 122 473 (B.I.A. Feb. 4, ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472174/ | SUMMARY ORDER
Petitioner Fu Zheng, a native and citizen of the People’s Republic of China, has filed a timely petition for review of the BIA’s October 15, 2008 order denying his motion to reopen his removal proceedings. In re Fu Zheng, No. A78 864 409 (B.I.A. Oct. 15, 2008). We assume the parties’ familiarity with the... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472180/ | SUMMARY ORDER
Petitioner Mao Lin Zhang, a native and citizen of the People’s Republic of China, seeks review of a September 30, 2008 order of the BIA denying his motion to reopen. In re Mao Lin Zhang, No. A077 309 222 (B.I.A. Sept. 30, 2008). We assume the parties’ familiarity with the underlying facts and procedural ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472186/ | SUMMARY ORDER
Petitioners Zanyu Jin and Dongchun Cui, natives and citizens of the People’s Republic of China, seek review of the May 30, 2008 order of the BIA dismissing for lack of jurisdiction their appeal from the January 17, 2006 decision of Immigration Judge (“IJ”) Robert D. Weisel: (1) granting Jin’s application... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472188/ | SUMMARY ORDER
William A. Bonilla (“Bonilla”) seeks review of a final order of deportation of the Board of Immigration Appeals (“BIA”). Bonilla contends that the Immigration Judge (“IJ”) and the BIA committed errors of law and constitutional errors in determining that he did not warrant relief under former section 212(... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472190/ | SUMMARY ORDER
Mei Zheng, a native and citizen of the People’s Republic of China (“China”), seeks review of an April 1, 2008 order of the BIA, affirming the May 18, 2006. decision of Immigration Judge (“IJ”) Steven R. Abrams, which denied her application for asylum, withholding of removal, and relief under the Conventi... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472194/ | SUMMARY ORDER
Omar Farooq petitions this Court for review of the September 3, 2008 order of the BIA which denied his petition for a continuance of his removal proceedings pending the adjudication of his application for adjustment of status, which application is based upon his wife’s United States citizenship, pursuant ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472196/ | *652SUMMARY ORDER
Robert W. Murray, Jr. appeals from: (1) the February 20, 2008, 536 F.Supp.2d 225, ruling of the district court granting defendants’ motion for summary judgment on Murray’s claim that his removal from office as the Business Manager/Financial Secretary of International Brotherhood of Electrical Workers ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472197/ | SUMMARY ORDER
Plaintiffs-Appellants Employers Insurance of Wausau and National Casualty Company appeal from a September 29, 2008, 2008 WL 4443899, order of the United States District Court for the Southern District of New York (Scheindlin, J.) granting the defendants’ motion to transfer the action pursuant to 28 U.S.C.... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472199/ | SUMMARY ORDER
Plaintiffs-appellants Timothy J. Deebs and William Drake appeal from the judgment, dated April 30, 2008, of the United States District Court for the Western District of New York (Larimer, J.), granting the summary judgment motion of defendant-appellant ALSTOM Transportation, Inc. (“ALSTOM”) as to all of t... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472201/ | SUMMARY ORDER
Plaintiff-Appellant Susan N. Burgess appeals from the judgment, dated March 31, 2008, of the United States District Court for the Western District of New York which granted the defendants’ motions to dismiss her federal law claims. The judgment memorializes Judge Siragusa’s decision and order, dated March... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472203/ | SUMMARY ORDER
Plaintiff appeals the decision granting Defendants’ motion for summary judgment on her employment discrimination claim pursuant to the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. § 621 et seq. Plaintiff also challenges the district court’s separate dismissal of her state-law defamation claim ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472205/ | SUMMARY ORDER
This is an insider trading case brought by the Securities and Exchange Commission (“SEC”) pursuant to section 17(a) of the Securities Act of 1933 and Section *66510(b) of the Securities and Exchange Act of 1934. Defendant Mitchell Drucker is the former Associate General Counsel of NBTY, Inc., a publicly t... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472209/ | SUMMARY ORDER
Petitioner, a native and citizen of El Salvador, seeks review of a November 10, 2008 order of the Board of Immigration Appeals (“BIA”), which affirmed a June 5, 2007 decision by an Immigration Judge (“IJ”) denying Petitioner’s application for cancellation of removal. We presume the parties’ familiarity wi... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472211/ | SUMMARY ORDER
Asaiah Neptune petitions this Court for review of the July 29, 2008 order of the BIA which denied his application, pursuant to Section 245(e)(2)(B) of the Immigration and Nationality Act (“INA”), for adjustment of status based upon his wife’s United States citizenship, and which ordered him removed from t... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472213/ | SUMMARY ORDER
Petitioner Maryia Vladimirovna Simonchyk, a native and citizen of Belarus, seeks review of a July 8, 2008 order of the BIA denying her motion to reopen her removal proceedings. In re Maryia, Vladimirovna Simonchyk, No. A79 326 070 (B.I.A. July 8, 2008). We assume the parties’ familiarity with the underly... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472215/ | SUMMARY ORDER
Xhevdet Nuzi, a native and citizen of Albania, seeks review of a June 30, 2008 order of the BIA affirming the July 24, 2006 decision of Immigration Judge (“IJ”) Sandy K. Horn, which denied his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). In re X... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472217/ | SUMMARY ORDER
Xiu Mei Chen, a native and citizen of the People’s Republic of China, seeks review of a May 15, 2008 order of the BIA denying her motion to reopen. In re Xiu Mei Chen, No. A98 255 788 (B.I.A. May 15, 2008). We assume the parties’ familiarity with the underlying facts and procedural history of the case.
I... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472221/ | SUMMARY ORDER
Petitioner An Guoc Chun, a native and citizen of China, seeks review of the June 5, 2008 order of the BIA denying his motion to reopen. In re An Guoc Chun, No. A29 554 086 (B.I.A. June 5, 2008). We assume the parties’ familiarity with the underlying facts and procedural history of the case.
We review the... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472227/ | SUMMARY ORDER
Appellant Walter Spagnola appeals from a final judgment of the district court after a June 21, 2007 jury verdict awarding Appellee Julia Basile $150,000.00 in compensatory damages and $50,000.00 in punitive damages in her action against Spagnola pursuant to 42 U.S.C. § 1983. We assume the parties’ familia... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472200/ | SUMMARY ORDER
Plaintiffs-appellants Timothy J. Deebs and William Drake appeal from the judgment, dated April 30, 2008, of the United States District Court for the Western District of New York (Larimer, J.), granting the summary judgment motion of defendant-appellant ALSTOM Transportation, Inc. (“ALSTOM”) as to all of t... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472202/ | SUMMARY ORDER
Plaintiff-Appellant Susan N. Burgess appeals from the judgment, dated March 31, 2008, of the United States District Court for the Western District of New York which granted the defendants’ motions to dismiss her federal law claims. The judgment memorializes Judge Siragusa’s decision and order, dated March... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472204/ | SUMMARY ORDER
Plaintiff appeals the decision granting Defendants’ motion for summary judgment on her employment discrimination claim pursuant to the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. § 621 et seq. Plaintiff also challenges the district court’s separate dismissal of her state-law defamation claim ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472208/ | SUMMARY ORDER
Plaintiff-Appellant Fernand Lalanne, pro se, appeals from the judgment of the United States District Court for the Southern District of New York (Buchwald, J.), granting summary judgment in favor of the defendant and dismissing Appellant’s complaint brought pursuant to Title VII, 42 U.S.C. §§ 2000e et se... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472210/ | SUMMARY ORDER
Petitioner, a native and citizen of El Salvador, seeks review of a November 10, 2008 order of the Board of Immigration Appeals (“BIA”), which affirmed a June 5, 2007 decision by an Immigration Judge (“IJ”) denying Petitioner’s application for cancellation of removal. We presume the parties’ familiarity wi... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472212/ | SUMMARY ORDER
Asaiah Neptune petitions this Court for review of the July 29, 2008 order of the BIA which denied his application, pursuant to Section 245(e)(2)(B) of the Immigration and Nationality Act (“INA”), for adjustment of status based upon his wife’s United States citizenship, and which ordered him removed from t... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472216/ | SUMMARY ORDER
Xhevdet Nuzi, a native and citizen of Albania, seeks review of a June 30, 2008 order of the BIA affirming the July 24, 2006 decision of Immigration Judge (“IJ”) Sandy K. Horn, which denied his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). In re X... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472220/ | *680
SUMMARY ORDER
Jian Yuan Wang, a native and citizen of the People’s Republic of China, seeks review of a May 27, 2008 order of the BIA, affirming the January 18, 2007 decision of Immigration Judge (“IJ”) Barbara A. Nelson, who denied Wang’s applications for asylum, -withholding of removal, and relief under the Con... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472222/ | SUMMARY ORDER
Petitioner An Guoc Chun, a native and citizen of China, seeks review of the June 5, 2008 order of the BIA denying his motion to reopen. In re An Guoc Chun, No. A29 554 086 (B.I.A. June 5, 2008). We assume the parties’ familiarity with the underlying facts and procedural history of the case.
We review the... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472224/ | *685SUMMARY ORDER
Defendant-Appellant Nadine Whittingham appeals from her conviction following a jury trial in the United States District Court for the Southern District of New York (McMahon, J.) for (1) conspiring to commit bank fraud, in violation of 18 U.S.C. § 1349; and (2) the substantive offense of bank fraud, in... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472226/ | SUMMARY ORDER
Defendant appeals from his conviction entered by the United States District Court for the Southern District of New York (Kaplan, J.). We assume the parties’ familiarity with the facts, procedural history, and scope of the issues presented on appeal.
Defendant argues: (1) the District Court erred in admitt... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472228/ | SUMMARY ORDER
Appellant Walter Spagnola appeals from a final judgment of the district court after a June 21, 2007 jury verdict awarding Appellee Julia Basile $150,000.00 in compensatory damages and $50,000.00 in punitive damages in her action against Spagnola pursuant to 42 U.S.C. § 1983. We assume the parties’ familia... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472234/ | SUMMARY ORDER
Petitioner, Xin Hua Pan, a native and citizen of the People’s Republic of China, seeks review of a February 13, 2008 order of the BIA affirming the March 31, 2006 decision of Immigration Judge (“IJ”) Annette S. Elstein denying petitioner’s application for asylum, withholding of removal, and relief under ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472236/ | SUMMARY ORDER
Petitioner, Mohamed Djoulde Barry, a native and citizen of Guinea, seeks review of the June 30, 2008 order of the BIA affirming the October 11, 2006 decision of Immigration Judge (IJ) Sandy K. Horn pretermitting his application for asylum and denying his application for withholding of removal and relief ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472237/ | SUMMARY ORDER
Petitioner, Su-Mei Li, a native and citizen of the People’s Republic of China, seeks review of the April 22, 2008 order of the BIA affirming the May 25, 2006 decision of Immigration Judge (“IJ”) Helen Sichel denying Li’s application for asylum, withholding of removal, and relief under the Convention Agai... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472240/ | SUMMARY ORDER
Petitioner Hui Ming Lin, a native and citizen of the People’s Republic of China, seeks review of the October 31, 2008 order of the BIA affirming the June 11, 2007 decision of Immigration Judge (“IJ”) Sandy K. Horn denying his applications for asylum, -withholding of removal, and relief under the Conventi... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472241/ | SUMMARY ORDER
Bao Ying Cai, a native and citizen of the People’s Republic of China, seeks review of an August 21, 2008 order of the BIA, affirming the April 25, 2007 decision of Immigration Judge (“IJ”) Javier Balasquide, which denied his application for asylum, withholding of removal, and relief under the Convention ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472244/ | SUMMARY ORDER
Petitioners Agim, Fljorije, and Benjamin Balidemaj, all natives and citizens of the former Serbia and Montenegro,2 seek review of the October 20, 2008 order of the BIA affirming the December 13, 2005 decision of Immigration Judge (“IJ”) Adam Opaciueh denying their application for asylum, withholding of r... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472245/ | SUMMARY ORDER
Thauo Lin, a native and citizen of the People’s Republic of China, seeks review of an October 31, 2008 order of the BIA, affirming the August 2, 2007 decision of Immigration Judge (“IJ”) Barbara A. Nelson, which denied his application for asylum, withholding of removal, and relief under the Convention Ag... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472253/ | SUMMARY ORDER
E.E. Cruz, NAB Construction Corporation, Frontier-Kemper Construction, Inc., AETNA Casualty & Surety Company, and Travelers Casualty and Surety Company, appeal from a judgment of the United States District Court for the Southern District of New York. To the extent not discussed below, we assume the partie... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472257/ | SUMMARY ORDER
Dong Jiang, a native and citizen of China, seeks review of a September 11, 2008, order of the BIA affirming the June 21, 2006, decision of Immigration Judge (“IJ”) Sandy K. Horn, which denied his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). In r... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472426/ | MEMORANDUM **
Mersen Georgievich Maryanyan, his wife, Marina Nikolayevna Maryanyan, and their children, natives of the former Soviet Union and citizens of Russia, petition for review of the Board of Immigration Appeals’ decision dismissing their appeal from an immigration judge’s order denying their application for asy... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472232/ | SUMMARY ORDER
Plaintiff-Appellant Vincent F. Rivera, pro se, appeals from an order denying reconsideration of the District Court’s earlier order dismissing his complaint as frivolous pursuant to the Prison Litigation Reform Act (“PLRA”), 28 U.S.C. § 1915(e)(2)(B)(i). We assume the parties’ familiarity with the underlyi... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472235/ | SUMMARY ORDER
Petitioner, Mohamed Djoulde Barry, a native and citizen of Guinea, seeks review of the June 30, 2008 order of the BIA affirming the October 11, 2006 decision of Immigration Judge (IJ) Sandy K. Horn pretermitting his application for asylum and denying his application for withholding of removal and relief ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472238/ | SUMMARY ORDER
Petitioner, Su-Mei Li, a native and citizen of the People’s Republic of China, seeks review of the April 22, 2008 order of the BIA affirming the May 25, 2006 decision of Immigration Judge (“IJ”) Helen Sichel denying Li’s application for asylum, withholding of removal, and relief under the Convention Agai... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472239/ | SUMMARY ORDER
Petitioner Hui Ming Lin, a native and citizen of the People’s Republic of China, seeks review of the October 31, 2008 order of the BIA affirming the June 11, 2007 decision of Immigration Judge (“IJ”) Sandy K. Horn denying his applications for asylum, -withholding of removal, and relief under the Conventi... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472242/ | SUMMARY ORDER
Bao Ying Cai, a native and citizen of the People’s Republic of China, seeks review of an August 21, 2008 order of the BIA, affirming the April 25, 2007 decision of Immigration Judge (“IJ”) Javier Balasquide, which denied his application for asylum, withholding of removal, and relief under the Convention ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472243/ | SUMMARY ORDER
Petitioners Agim, Fljorije, and Benjamin Balidemaj, all natives and citizens of the former Serbia and Montenegro,2 seek review of the October 20, 2008 order of the BIA affirming the December 13, 2005 decision of Immigration Judge (“IJ”) Adam Opaciueh denying their application for asylum, withholding of r... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472246/ | SUMMARY ORDER
Thauo Lin, a native and citizen of the People’s Republic of China, seeks review of an October 31, 2008 order of the BIA, affirming the August 2, 2007 decision of Immigration Judge (“IJ”) Barbara A. Nelson, which denied his application for asylum, withholding of removal, and relief under the Convention Ag... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472248/ | SUMMARY ORDER
Petitioner Abdourahamane Dia, a native and citizen of Guinea, seeks review of the November 5, 2008 order of the BIA affirming the July 9, 2007 decision of the Immigration Judge (“IJ”) Paul A. Defonzo, denying his applications for asylum, withholding of removal, and relief under the Convention Against Tor... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472252/ | SUMMARY ORDER
Appellant Mary Viscusi, pro se, appeals from the district court’s grant of P & G— Clairol, Inc.’s (“P & G”) motion for summary judgment on Viscusi’s complaint alleging New York state law claims for strict *716products liability, negligence, and breach of warranty incident to injuries Viscusi allegedly su... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472254/ | SUMMARY ORDER
E.E. Cruz, NAB Construction Corporation, Frontier-Kemper Construction, Inc., AETNA Casualty & Surety Company, and Travelers Casualty and Surety Company, appeal from a judgment of the United States District Court for the Southern District of New York. To the extent not discussed below, we assume the partie... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472256/ | SUMMARY ORDER
Plaintiff-appellant Sly Magazine, LLC (“Plaintiff’) appeals from the December 18, 2007 judgment of the district court granting summary judgment to defendants-appellees Weider Publications L.L.C. and American Media, Inc. (“Defendants”). See SLY Magazine LLC v. Weider Publ’ns L.L.C., 529 F.Supp.2d 425 (S.D.... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472258/ | SUMMARY ORDER
Dong Jiang, a native and citizen of China, seeks review of a September 11, 2008, order of the BIA affirming the June 21, 2006, decision of Immigration Judge (“IJ”) Sandy K. Horn, which denied his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). In r... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472260/ | SUMMARY ORDER
Petitioner Eon Cox, a native and citizen of Guyana, seeks review of the November 6, 2008 order of the BIA affirming the September 21, 2006 decision of Immigration Judge (“IJ”) Philip J. Montante, Jr. finding him removable as an aggravated felon and denying his application for asylum, withholding of remov... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472262/ | SUMMARY ORDER
Petitioner Zou Qin Liang, a native and citizen of the People’s Republic of China, seeks review of a November 26, 2008 order of the BIA denying his motions to reconsider and reopen. In re Zou Qin Liang, No. A098 885 907 (B.I.A. Nov. 26, 2008). We assume the parties’ familiarity with the underlying facts a... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472433/ | MEMORANDUM **
Pablo Colin-Silva, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s order denying him adjustment of status under 8 U.S.C. § 1255®. We have jurisdiction pursuant to 8 U.S.C. § 1252. Reviewing de novo que... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472267/ | SUMMARY ORDER
Petitioner Ling Zheng, a native and citizen of the People’s Republic of China, seeks review of a February 6, 2009 order of the BIA denying her motion to reopen. In re Ling Zheng, No. A077 283 074 (B.I.A. Feb. 6, 2009). We assume the parties’ familiarity with the underlying facts and procedural history of... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472269/ | SUMMARY ORDER
Petitioner Nasiba Zokirjon Qizi Madaminova, a native and citizen of Uzbekistan, seeks review of a July 22, 2008 order of the BIA affirming the January 8, 2007 decision of Immigration Judge (“IJ”) Steven R. Abrams, which denied her application for asylum, withholding of removal, and relief under the Conve... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472273/ | SUMMARY ORDER
Plaintiff-Appellant Saundra V. White, pro se, appeals from the district court’s sua sponte dismissal of her complaint pursuant to 28 U.S.C. § 1915(e)(2). We assume the parties’ familiarity with the underlying facts, the procedural history of the case, and the issues on appeal.
We review de novo the distr... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472275/ | SUMMARY ORDER
Appellants Tyheem Keesh and Jesus Jova, pro se and incarcerated, appeal a judgment of the district court granting the Defendants’ motion for summary judgment and dismissing their 42 U.S.C. § 1983 complaint alleging violations of their rights under the First, Eighth, and Fourteenth Amendments, as well as ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472278/ | AMENDED SUMMARY ORDER
Kevin Waltzer and Stewart Grossman appeal from a judgement of the district court, affirming the judgement of the Bankruptcy Court for the Southern District of New York, finding that their claims for damages against the debtor, MarketXT Holdings, were subject to mandatory subordination pursuant to... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472280/ | SUMMARY ORDER
Petitioner Qing Duan Zheng, a native and citizen of the People’s Republic of China, seeks review of a February 27, 2009 order of the BIA denying his motion to reopen. In re Qing Duan Zheng, No. A077 354 304 (B.I.A. Feb. 27, 2009). We assume the parties’ familiarity with the underlying facts and procedura... | 01-04-2023 | 11-05-2022 |
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