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https://www.courtlistener.com/api/rest/v3/opinions/8472418/
MEMORANDUM *** In September 2004, appellants Tony and Carol Henderson defaulted on a refinanced home loan that had been sold and assigned to GMAC Mortgage Corporation and was being serviced by First Mortgage Loan Servicing (collectively “GM FMLS”). The Hendersons claim that, after they missed two payments, they entered...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472420/
MEMORANDUM ** Levon Garabed Agopian, a native and citizen of Bulgaria, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision dismissing his appeal from an immigration judge’s decision denying his applications for asylum, withholding of deportation, and relief under the Convention Against Torture (“...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472422/
MEMORANDUM ** Mukesh Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen and to reissue its previous .decision. Our jurisdiction is governed by 8 U.S.C. § 1252. Reviewing for abuse of discretion, Iturribarria v. INS, 321 F.3d 889, 89...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8480365/
ON MOTION ORDER Tessera, Inc. moves for leave to file a reply brief not to exceed 12,000 words. The intervenors oppose. Tessera replies. Upon consideration thereof, It Is ORDERED That: The motion is granted in part; Tessera’s reply brief, not to exceed 10,000 words, is due within 14 days of the date of filing of this o...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472427/
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/8472429/
MEMORANDUM ** Eyama Linda Bih Authur, a native and citizen of Cameroon, 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 asylum, with*309holding of removal, and relief under the Convention Against Tortur...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472431/
MEMORANDUM ** Ernesto Colima Maya, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, Ordonez v. INS, 345...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472428/
MEMORANDUM ** Eyama Linda Bih Authur, a native and citizen of Cameroon, 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 asylum, with*309holding of removal, and relief under the Convention Against Tortur...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472430/
MEMORANDUM ** Ernesto Colima Maya, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, Ordonez v. INS, 345...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472432/
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/8472434/
MEMORANDUM ** Jie Zhou, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ decision affirming an immigration judge’s (“IJ”) order denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C....
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472435/
MEMORANDUM ** Jie Zhou, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ decision affirming an immigration judge’s (“IJ”) order denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C....
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472437/
MEMORANDUM ** Chaoyuan Cen and Juanhong Luo, natives and citizens of China, petition pro se for review of the Board of Immigration Appeals’ order dismissing an appeal from an immigration judge’s (“IJ”) decision denying their application for asylum, withholding of removal, and protection under the Convention Against Tor...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472439/
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/8472441/
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/8472443/
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/8472445/
MEMORANDUM * This is an employment discrimination case challenging events that occurred while the plaintiff-appellant Cheryl Lynn Rice was employed by the United States Postal Service between 1977 and 1989. She filed this case in 2005, and the district court dismissed the case for failure to ex*321haust administrative ...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472444/
MEMORANDUM * This is an employment discrimination case challenging events that occurred while the plaintiff-appellant Cheryl Lynn Rice was employed by the United States Postal Service between 1977 and 1989. She filed this case in 2005, and the district court dismissed the case for failure to ex*321haust administrative ...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472450/
MEMORANDUM ** Kristiani Purnomo, her husband Hoo Sehoko Iffan Augusta, aka Iffan Augusta Hoo Sehoko, and their two children, natives and citizens of Indonesia, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s (“IJ”) decision denying their applica...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8473104/
Affirmed by unpublished PER CURIAM opinion. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Maricacus Dewayne McNeill appeals the district court’s order denying his motion for reduction of sentence under 18 U.S.C. § 3582(c)(2) (2006). We have reviewed the record and find no reversible error....
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472449/
MEMORANDUM ** In these consolidated cases, Rogelio De Anda Cruz, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) orders denying his motions to reopen (No. 06-71801) and reconsider (No. 06-72969). Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of di...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472451/
MEMORANDUM ** Kristiani Purnomo, her husband Hoo Sehoko Iffan Augusta, aka Iffan Augusta Hoo Sehoko, and their two children, natives and citizens of Indonesia, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s (“IJ”) decision denying their applica...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472453/
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/8472455/
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/8473303/
SUMMARY ORDER Petitioner Shi Yong Fang, a native and citizen of the People’s Republic of China, seeks review of a September 19, 2008 order of the BIA denying his motion to reopen. In re Shi Yong Fang, No. A073 569 259 (B.I.A. Sept. 19, 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/8473305/
SUMMARY ORDER Petitioners Ljindita Vuljaj and Nikola Vuljaj, both natives of Montenegro and citizens of the former Yugoslavia, seek review of an October 30, 2008 order of the BIA denying their motion to reopen. In re Ljindita Vuljaj, Nikola Vuljaj, Nos. A072 413 523, A029 445 544 (B.I.A. Oct. 30, *5592008). We assume ...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472458/
MEMORANDUM ** Rocío Delgado Rivera, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her 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, Iturribarria v. INS, 321 F.3d 889, 894...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472460/
MEMORANDUM ** Rony Djoenaedi, a native and citizen of Indonesia, 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 withholding of removal and relief under the Convention Against Torture (“CAT”). We have j...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472462/
MEMORANDUM ** Eduard Beglaryan, a native and citizen of Armenia, and his wife, Tatiana Golovatskaya, a native of Russia and a citizen of Armenia, petition for review of the Board of Immigration Appeals’ order dismissing their appeal from an immigration judge’s (“IJ”) decision denying their application for asylum. We ha...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472464/
MEMORANDUM * Frank Baldizan was convicted in California state court of manslaughter and shooting at an inhabited dwelling. The trial court sentenced Baldizan to a term of six years imprisonment for the manslaughter offense with a four-year firearm use enhancement. It sentenced Baldizan to a five-year term on the shooti...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472466/
MEMORANDUM ** Marshall Charles Richmond appeals from the district court’s orders denying his pro se motions for a new trial and to set aside the verdict. Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Richmond’s counsel has filed a brief stating there are no grounds for relief, al...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472468/
MEMORANDUM ** Jose Alfredo Padilla appeals from the judgment revoking his supervised release and imposing a 12-month sentence followed by 24 months of supervised release. Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Padilla’s counsel has filed a brief stating there are no ground...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472470/
MEMORANDUM ** Mohammed Tahir Naser, an ethnic Tajik and Shiite Moslem citizen of Afghanistan, petitions for review of the Board of Immigration Appeals’ '(“BIA”) affirmance of the Immigration Judge’s (“IJ”) denial of his application for asylum, withholding of removal, and protection under the Convention Against Torture ...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8473307/
SUMMARY ORDER Petitioner Yi Fu Zheng, a native and citizen of the People’s Republic of China, seeks review of the February 11, 2009 order of the BIA denying his motion to reopen. In re Yi Fu Zheng, No. A077 224 443 (B.I.A. Feb. 11, 2009). We assume the parties’ familiarity with the underlying facts and procedural hist...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8473309/
SUMMARY ORDER Petitioner Zhuo Zheng, a native and citizen of the People’s Republic of China, seeks review of a February 11, 2009 order of the BIA, In re Zhou Zheng, No. A079 436 630 (B.I.A. Feb. 11, 2009), issued on remand from this Court. Zhou Zheng v. Mukasey, 285 Fed.Appx. 780 (2d Cir.2008). We assume the parties’ ...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8473313/
SUMMARY ORDER Guang Chen-Jiang, a native and citizen of the People’s Republic of China, seeks review of a July 31, 2008 order of the BIA affirming the September 16, 2005 decision of Immigration Judge (“IJ”) Phillip L. Mo-race, denying 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/8473317/
SUMMARY ORDER Petitioner Soudi Gahutu, a native and citizen of Burundi, seeks review of an April 4, 2008 order of the BIA affirming the October 16, 2006 decision of Immigration Judge (“IJ”) Paul A. DeFonzo pretermitting his application 'for asylum and denying his application for withholding of removal. In re Soudi Gah...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8473319/
SUMMARY ORDER Petitioner Juniarti Iskandar (“petitioner” or “Iskandar”), a native and citizen of Indonesia, seeks review of an April 28, 2008 order of the BIA, affirming the May 30, 2006 decision of an immigration judge (“IJ”), which pretermitted her application for asylum and denied her application for withholding of ...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472459/
MEMORANDUM ** Rocío Delgado Rivera, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her 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, Iturribarria v. INS, 321 F.3d 889, 894...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472461/
MEMORANDUM ** Rony Djoenaedi, a native and citizen of Indonesia, 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 withholding of removal and relief under the Convention Against Torture (“CAT”). We have j...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472463/
MEMORANDUM ** Eduard Beglaryan, a native and citizen of Armenia, and his wife, Tatiana Golovatskaya, a native of Russia and a citizen of Armenia, petition for review of the Board of Immigration Appeals’ order dismissing their appeal from an immigration judge’s (“IJ”) decision denying their application for asylum. We ha...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472465/
MEMORANDUM * Frank Baldizan was convicted in California state court of manslaughter and shooting at an inhabited dwelling. The trial court sentenced Baldizan to a term of six years imprisonment for the manslaughter offense with a four-year firearm use enhancement. It sentenced Baldizan to a five-year term on the shooti...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472467/
MEMORANDUM ** Marshall Charles Richmond appeals from the district court’s orders denying his pro se motions for a new trial and to set aside the verdict. Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Richmond’s counsel has filed a brief stating there are no grounds for relief, al...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472469/
MEMORANDUM ** Jose Alfredo Padilla appeals from the judgment revoking his supervised release and imposing a 12-month sentence followed by 24 months of supervised release. Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Padilla’s counsel has filed a brief stating there are no ground...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472471/
MEMORANDUM ** Mohammed Tahir Naser, an ethnic Tajik and Shiite Moslem citizen of Afghanistan, petitions for review of the Board of Immigration Appeals’ '(“BIA”) affirmance of the Immigration Judge’s (“IJ”) denial of his application for asylum, withholding of removal, and protection under the Convention Against Torture ...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8473314/
SUMMARY ORDER Wen Fang Shi, a native and citizen of the People’s Republic of China, seeks review of a November 25, 2008 order of the BIA denying her motion to reopen and reissue. In re Wen Fang Shi, No. A077 550 393 (B.I.A. Nov. 25, 2008). We assume the parties’ familiarity with the underlying facts and procedural his...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8473316/
SUMMARY ORDER Petitioner Soudi Gahutu, a native and citizen of Burundi, seeks review of an April 4, 2008 order of the BIA affirming the October 16, 2006 decision of Immigration Judge (“IJ”) Paul A. DeFonzo pretermitting his application 'for asylum and denying his application for withholding of removal. In re Soudi Gah...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8473318/
SUMMARY ORDER Petitioner Juniarti Iskandar (“petitioner” or “Iskandar”), a native and citizen of Indonesia, seeks review of an April 28, 2008 order of the BIA, affirming the May 30, 2006 decision of an immigration judge (“IJ”), which pretermitted her application for asylum and denied her application for withholding of ...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472472/
MEMORANDUM ** Ingris Gomez, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (BIA) order affirming the Immigration Judge’s (IJ) denial of her motion to reopen. We have jurisdiction under 8 U.S.C. § 1252 to hear this converted habeas corpus claim as a timely filed petition for...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472476/
MEMORANDUM ** Cyrus Braswell appeals pro se from the district court’s order granting his 18 U.S.C. § 3582(c)(2) motion for reduction of sentence. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm. Braswell contends that he was denied his Sixth Amendment right to self-representation during his § 3582(c)(2...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472478/
MEMORANDUM ** Charles T. Davis, a California state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action for failure to exhaust administrative remedies as required by 42 U.S.C. § 1997e(a). He also appeals the district court’s order denying his motion for reconsideration. We ...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472489/
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/8473378/
SUMMARY ORDER Plaintiff-Appellant Farah Jaquith appeals from a judgment of the United States District Court for the Southern District of New York (Seibel, J.), entered following a jury verdict in favor of Defendant-Appellee, South Orangetown Central School District (“School District”). We assume the parties’ familiarit...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8473380/
SUMMARY ORDER Michael McMillan appeals his sentence for racketeering, racketeering conspiracy, and conspiracy to distribute and possess with intent to distribute cocaine base (“crack”) and cocaine on the grounds that the sentence, imposed after remand pursuant to United States v. Crosby, 397 F.3d 103 (2d Cir.2005), wa...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472473/
MEMORANDUM ** Ingris Gomez, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (BIA) order affirming the Immigration Judge’s (IJ) denial of her motion to reopen. We have jurisdiction under 8 U.S.C. § 1252 to hear this converted habeas corpus claim as a timely filed petition for...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472475/
MEMORANDUM ** California state prisoner Enrique Algal-on appeals from the district court’s judgment dismissing his 28 U.S.C. § 2254 habeas petition. We have jurisdiction under 28 U.S.C. § 2253(a). We review the dismissal of a mixed habeas petition de novo, and a district court’s grant or denial of a stay for abuse of d...
01-04-2023
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https://www.courtlistener.com/api/rest/v3/opinions/8472477/
MEMORANDUM ** Cyrus Braswell appeals pro se from the district court’s order granting his 18 U.S.C. § 3582(c)(2) motion for reduction of sentence. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm. Braswell contends that he was denied his Sixth Amendment right to self-representation during his § 3582(c)(2...
01-04-2023
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https://www.courtlistener.com/api/rest/v3/opinions/8472479/
MEMORANDUM ** Charles T. Davis, a California state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action for failure to exhaust administrative remedies as required by 42 U.S.C. § 1997e(a). He also appeals the district court’s order denying his motion for reconsideration. We ...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472480/
*346MEMORANDUM ** Darren Henderson, a California state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action .alleging deliberate indifference to his serious medical needs. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, Hearns v. Terhune, 413 F.3d 1036, 1040...
01-04-2023
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https://www.courtlistener.com/api/rest/v3/opinions/8472484/
MEMORANDUM ** Julio Cortes appeals from the 120-month sentence imposed following his guilty-plea conviction for receipt of child pornography, in violation of 18 U.S.C. § 2252A(a)(2). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm. Cortes contends that the district court erred by failing to grant his r...
01-04-2023
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https://www.courtlistener.com/api/rest/v3/opinions/8472486/
MEMORANDUM ** Raju Narayan Dangol, a native and citizen of Nepal, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reissue a previous decision. Our jurisdiction is governed by 8 U.S.C. § 1252. Reviewing for abuse of discretion, Perez v. Mukasey, 516 F.3d 770, 773 (9th Cir.20...
01-04-2023
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https://www.courtlistener.com/api/rest/v3/opinions/8472578/
*691SUMMARY ORDER Defendant-Appellant Miguel OrlandoMena appeals from a judgment of the district court (Cote, J.) entered October 21, 2008, sentencing him principally to fifty-seven months’ imprisonment. OrlandoMena argues that the district court improperly included a prior Florida youthful offender adjudication in cal...
01-04-2023
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https://www.courtlistener.com/api/rest/v3/opinions/8472580/
SUMMARY ORDER Petitioner Howard Brett Berger seeks review of two orders of the SEC, the first sustaining disciplinary action against him by the National Association of Securities Dealers (“NASD”)1, and the second affirming that sanction after our remand for reconsideration. We assume the parties’ familiarity with the ...
01-04-2023
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https://www.courtlistener.com/api/rest/v3/opinions/8472582/
SUMMARY ORDER Petitioner-Appellant Kareem Smith appeals from a judgment of the United States District Court for the Southern Dis*696trict of New York (Pauley, J.), entered on December 11, 2008, 2008 WL 5203726, denying his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. We assume the parties’ familia...
01-04-2023
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https://www.courtlistener.com/api/rest/v3/opinions/8473379/
SUMMARY ORDER Plaintiff-Appellant Farah Jaquith appeals from a judgment of the United States District Court for the Southern District of New York (Seibel, J.), entered following a jury verdict in favor of Defendant-Appellee, South Orangetown Central School District (“School District”). We assume the parties’ familiarit...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8473381/
SUMMARY ORDER Michael McMillan appeals his sentence for racketeering, racketeering conspiracy, and conspiracy to distribute and possess with intent to distribute cocaine base (“crack”) and cocaine on the grounds that the sentence, imposed after remand pursuant to United States v. Crosby, 397 F.3d 103 (2d Cir.2005), wa...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8473389/
SUMMARY ORDER Bi Qi Liu, a citizen of the People’s Republic of China, seeks review of a September 8, 2008 order of the BIA affirming the April 11, 2007 decision of Immigration Judge (“IJ”) Sandy K. Horn denying Liu’s 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/8472481/
*346MEMORANDUM ** Darren Henderson, a California state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action .alleging deliberate indifference to his serious medical needs. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, Hearns v. Terhune, 413 F.3d 1036, 1040...
01-04-2023
11-05-2022
https://www.courtlistener.com/api/rest/v3/opinions/8472483/
MEMORANDUM ** Marquis Lee Johnson appeals pro se from the district court’s judgment denying his 28 U.S.C. § 2254 habeas petition. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253, and we affirm. Johnson contends that his appellate counsel was ineffective for failing to raise on direct appeal the various clai...
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https://www.courtlistener.com/api/rest/v3/opinions/8472485/
MEMORANDUM ** Julio Cortes appeals from the 120-month sentence imposed following his guilty-plea conviction for receipt of child pornography, in violation of 18 U.S.C. § 2252A(a)(2). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm. Cortes contends that the district court erred by failing to grant his r...
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https://www.courtlistener.com/api/rest/v3/opinions/8472577/
SUMMARY ORDER Jamal Scott appeals from a judgment of conviction entered in the United States District Court for the Eastern District of New York (Townes, J.). Scott was convicted of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1) and was sentenced principally to imprisonment for 100 month...
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https://www.courtlistener.com/api/rest/v3/opinions/8472579/
*691SUMMARY ORDER Defendant-Appellant Miguel OrlandoMena appeals from a judgment of the district court (Cote, J.) entered October 21, 2008, sentencing him principally to fifty-seven months’ imprisonment. OrlandoMena argues that the district court improperly included a prior Florida youthful offender adjudication in cal...
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SUMMARY ORDER Petitioner-Appellant Kareem Smith appeals from a judgment of the United States District Court for the Southern Dis*696trict of New York (Pauley, J.), entered on December 11, 2008, 2008 WL 5203726, denying his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. We assume the parties’ familia...
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https://www.courtlistener.com/api/rest/v3/opinions/8473384/
SUMMARY ORDER Petitioner Mei Yun Ni, a citizen of China, seeks review of an August 1, 2008 order of the Board of Immigration Appeals (“BIA”) affirming Immigration Judge (“IJ”) Philip L. Morace’s October 24, 2006 decision denying Ni’s application for asylum, withholding of removal, and relief under the Convention Again...
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https://www.courtlistener.com/api/rest/v3/opinions/8473386/
SUMMARY ORDER Fiqiri Nela, a native and citizen of Albania, seeks review of a July 28, 2008 order of the BIA affirming the February 26, 2007 decision of Immigration Judge (“IJ”) Alan A. Vomacka, which denied his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). In...
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https://www.courtlistener.com/api/rest/v3/opinions/8473388/
SUMMARY ORDER Bi Qi Liu, a citizen of the People’s Republic of China, seeks review of a September 8, 2008 order of the BIA affirming the April 11, 2007 decision of Immigration Judge (“IJ”) Sandy K. Horn denying Liu’s application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”...
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https://www.courtlistener.com/api/rest/v3/opinions/8473390/
SUMMARY ORDER Petitioner Bing Xin Lin, a native and citizen of China, seeks review of a September 11, 2008 order of the BIA affirming the March 2, 2007 decision of Immigration Judge (“IJ”) Joanna Miller Bukszpan denying her application for asylum, withholding of removal, and relief under the Convention Against Torture...
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https://www.courtlistener.com/api/rest/v3/opinions/8473392/
SUMMARY ORDER Bhupendrakumar Ambalal Patel, a native and citizen of India, seeks review of the BIA’s order affirming Immigration Judge Sandy Horn’s (the “IJ”) decision, which denied Patel’s motion to reopen his removal proceedings. In re Bhupendra-*669kumar Patel, No. A73-604-399 (B.I.A. Nov. 29, 2006), aff'g No. A73-6...
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https://www.courtlistener.com/api/rest/v3/opinions/8472493/
MEMORANDUM ** Henry Estuardo Fuentes Coronado, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing an immigration judge’s (“IJ”) decision denying his application for relief under the Nicaraguan Adjustment and Central American Relief Act of 1997 (“NACARA”...
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MEMORANDUM ** Avelino Fernandes, a native and citizen of India, petitions pro se for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his motion to reopen removal proceedings conducted in absentia. We have jurisdiction pursuant to 8 U.S.C. § 1252. We r...
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https://www.courtlistener.com/api/rest/v3/opinions/8472497/
MEMORANDUM ** Felipe Ramiro Angón Martinez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reconsider. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of discretion both the denial of a motion to reconsider, Cano-Merida ...
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https://www.courtlistener.com/api/rest/v3/opinions/8472492/
MEMORANDUM ** Henry Estuardo Fuentes Coronado, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing an immigration judge’s (“IJ”) decision denying his application for relief under the Nicaraguan Adjustment and Central American Relief Act of 1997 (“NACARA”...
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https://www.courtlistener.com/api/rest/v3/opinions/8472496/
MEMORANDUM ** Felipe Ramiro Angón Martinez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reconsider. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of discretion both the denial of a motion to reconsider, Cano-Merida ...
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https://www.courtlistener.com/api/rest/v3/opinions/8472613/
OPINION PER CURIAM. Appellant Daniel L. Spuck, a pro se prisoner, appeals from the District Court’s order granting Defendants’ motions to dismiss. For the reasons set forth below, we will summarily affirm. See I.O.P. 10.6. I. On November 6, 2007, Spuck, who is incarcerated at the State Regional Correctional Facility at...
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MEMORANDUM ** Luis Enriquez-Corral appeals from his guilty-plea conviction and 78-month sentence for illegal reentry after deportation, in violation of 8 U.S.C. § 1326(a). Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Enriquez-Corral’s counsel has filed a brief stating there are ...
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https://www.courtlistener.com/api/rest/v3/opinions/8472776/
MEMORANDUM * Loren Goldtooth (“Goldtooth”) appeals his conviction and sentence for violation of 18 U.S.C. § 1163. We affirm. Viewed in the light most favorable to the prosecution, a rational trier of fact could have found from the evidence that Goldtooth had the requisite intent to defraud or injure the Tohono O’Odham ...
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IKUTA, J., dissenting. Although the ALJ made two factual errors in stating his reasons for discrediting the testimony of Kennedy and Dr. Bothamley (one of his treating physicians), our analysis cannot stop there; we must still determine “whether the ALJ’s decision remains legally valid, despite such error.” Carmickle v...
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MEMORANDUM ** Rita M. Hymes and Donald L. Hymes appeal pro se from the district court’s summary judgment in an action brought by the United States to reduce to judgment unpaid income taxes, penalties, and interest assessed against appellants and to foreclose tax liens against certain real property. We have jurisdiction...
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https://www.courtlistener.com/api/rest/v3/opinions/8472504/
MEMORANDUM ** Melanie Hughes, an attorney, appeals pro se from the district court’s judgment affirming the bankruptcy court’s partial summary judgment that her debt to defendants was nondischargeable in bankruptcy pursuant to 11 U.S.C. § 523(a)(6). We have jurisdiction pursuant to 28 U.S.C. § 158(d). We review de novo ...
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ON MOTION PER CURIAM. ORDER Willie E. Turner responds to the court’s order directing him to show cause why his appeal should not be dismissed as untimely. The Secretary of Veterans Affairs moves to dismiss Turner’s appeals. Turner opposes. The Board of Veterans’ Appeals denied Turner’s application to reopen claims fo...
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https://www.courtlistener.com/api/rest/v3/opinions/8472510/
SUMMARY ORDER Plaintiff-Appellant Dov Levine appeals from the entry of judgment after a jury trial in the United States District Court for the Southern District of New York (Fox, Mag. J.). Levine claims that Reader’s Digest Association, Inc. (“RDA”) is liable for discrimination and retaliation in violation of the Age D...
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https://www.courtlistener.com/api/rest/v3/opinions/8472512/
SUMMARY ORDER Yemisi Akinyemi, an American citizen of Nigerian origin, appeals from a judgment dismissing her employment discrimination complaint against her former employer, United States Customs and Border Protection (“CBP”), a component of the Department of Homeland Security, pursuant to a *607jury verdict. We assum...
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https://www.courtlistener.com/api/rest/v3/opinions/8472515/
SUMMARY ORDER Appellant George W. Drance, pro se, appeals the district court’s order denying his motion for reconsideration of the district court’s March 2007 order granting the defendants’ motion to dismiss and denying Drance’s cross-motion to amend his 42 U.S.C. §§ 1983 and 1985 complaint. We assume the parties’ fam...
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https://www.courtlistener.com/api/rest/v3/opinions/8472518/
SUMMARY ORDER Plaintiff-appellant Carol F.C. Paladino, a former letter carrier for the United States Postal Service (“USPS”), appeals the December 3, 2007 judgment of the United States District Court of the Eastern District of New York (Bianco, J.), granting summary judgment to defendant-appellee, John E. Potter, Postm...
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https://www.courtlistener.com/api/rest/v3/opinions/8472520/
SUMMARY ORDER This appeal seeks review of the September 10, 2008, order of the District Court for the Southern District of New York (Shirley Wohl Kram, District Judge), prohibiting disclosure of documents that Defendant-Appellee National Association of Securities Dealers (“NASD”) turned over to Plaintiff-Appellant Stan...
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https://www.courtlistener.com/api/rest/v3/opinions/8472522/
SUMMARY ORDER Plaintiff Panther Partners Inc. and all others similarly situated (“Panther Partners”) appeals from the March 8, 2008, 538 F.Supp.2d 662, and June 12, 2008, 2008 WL 2414047, orders of the District Court dismissing plaintiffs amended complaint with prejudice, denying leave to amend the complaint, and denyi...
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https://www.courtlistener.com/api/rest/v3/opinions/8472525/
SUMMARY ORDER Defendants-appellants-eross-appellees Certain Underwriters at Lloyd’s London and London Market Insurance Companies (collectively “defendants” or “LMI”) appeal from the judgment of September 8, 2008 and from the order of September 25, 2008 denying LMI’s motion for judgment as a matter of law or for a new t...
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https://www.courtlistener.com/api/rest/v3/opinions/8472527/
SUMMARY ORDER Petitioner-Appellant Carrington Capital Management, LLC (“Carrington”) filed a petition to compel arbitration pursuant to 9 U.S.C. § 4 and Respondent-Appellee Spring Investor Services, Inc. (“Spring”) moved to dismiss the petition. The District Court for the District of Connecticut (Eginton, J.) adopted a...
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https://www.courtlistener.com/api/rest/v3/opinions/8472529/
SUMMARY ORDER Appellants Clarke et al. appeal from judgments by the United States District Court for the Southern District of New York (Lynch, J.), after a jury verdict, dismissing the complaint and denying judgment as a matter of law. We assume the parties’ familiarity with the underlying facts, the procedural histor...
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https://www.courtlistener.com/api/rest/v3/opinions/8472531/
SUMMARY ORDER Defendant Stanford Frederick Brown was convicted, after a jury trial, of one count of making a false statement for the purpose of influencing an insured state-chartered credit union, see 18 U.S.C. § 1014, and one count of aggravated identity theft, see id. § 1028A. Sentenced principally to 32 months’ inca...
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