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1000 99-4210 -- U.S. V. HARDMAN -- 08/08/2001

That the Act is enforced in a discriminatory fashion in violation of his equal protection rights. Hardman is not of Native American descent. His ex wife and two children are. His ex wife and children are enrolled members of the S'Kallum Tribe. Hardman was still married to and living with his ex wife. He was informed that he would not be allowed to apply as he was not a member of a federally recognized tribe.

Years later. Hardman and his wife were separated. Ute tribal officers were informed by Mr. Officer Murray was a cross commissioned federal law enforcement officer acting under the authority of the United States Bureau of Indian Affairs. Which were hanging from the rear view mirror of his truck.

On March 10. Hardman was issued a federal violation notice for possessing golden eagle feathers without a permit in violation of the Migratory Bird Treaty Act. A bench trial was held before a magistrate judge. Hardman was found guilty of violating the Migratory Bird Treaty Act and sentenced to pay a small fine.

1000 OPINION/ORDER
Circuit Judge: No holiday season is complete. At issue in this case is the holiday display policy promulgated by the Department of Education (
997 95-4084 -- BAUCHMAN V. WEST HIGH SCHOOL (SALT LAKE CITY) -- 12/18/1997

The Religion and Speech clauses of the Utah Constitution.

The constitutional issues raised in this appeal are issues of acute public interest issues which evoke diverse opinions and strong emotions. Bauchman's claims focus on religious neutrality in public schools only intensifies that interest and emotion.

980 OPINION/ORDER
In violation of the Establishment Clause of the First Amendment.1 Plaintiffs sought a declaration that the displays were unconstitutional. Shortly after the complaint was filed. Some of which were excerpted. Defendants responded to Plaintiffs' motion by arguing that the new displays were not similar to the previous displays. Contended that the
965 OPINION/ORDER
The Virginia legislature amended § 22.1 203 to require that every school division provide a minute of silence in the State's public school classrooms and to direct the Attorney General to defend the statute when it is challenged in court. Code Ann. § 22.1 203 was amended in 2000: In order that the right of every pupil to the free exercise of religion be guaranteed within the schools and that the freedom of each individual pupil be subject to the least possible pressure from the Commonwealth either to engage in. The school board of each school division is authorized to shall establish the daily observance of one minute of silence in each classroom of the division. Where During such one minute period of silence is instituted. Senator Barry responded that his intent was not to force prayer in schools.
943 OPINION/ORDER
Issue 3 In this case we are called upon to decide whether or not the official motto of the State of Ohio.
939 ADLER V. DUVAL COUNTY SCH. BD. (3/15/2000, NO. 98-2709)

Circuit Judge:

At issue today is whether the Duval County. The total absence of state involvement in deciding whether there will be a graduation message. Who will speak. Is not state sponsored. Nor how autonomous the speaker may be in crafting her message.

I.

The facts of this case are straightforward. Other religious prayers or messages were traditionally offered. Student led prayer during the graduation ceremony so long as the administration and faculty were not involved in the decision making process. The memorandum was entitled

939 ADLER V. DUVAL COUNTY SCH. BD. (3/15/2000, NO. 98-2709)

Circuit Judge:

At issue today is whether the Duval County. The total absence of state involvement in deciding whether there will be a graduation message. Who will speak. Is not state sponsored. Nor how autonomous the speaker may be in crafting her message.

I.

The facts of this case are straightforward. Other religious prayers or messages were traditionally offered. Student led prayer during the graduation ceremony so long as the administration and faculty were not involved in the decision making process. The memorandum was entitled

934 ADLER V. DUVAL COUNTY SCH. BD. (5/11/1999, NO. 98-2709)

Challenge the Duval County school system's policy of permitting graduating students to vote on whether to have unrestricted student led messages at the beginning and closing of graduation ceremonies as facially and as applied violative of the Establishment Clause.
934 ADLER V. DUVAL COUNTY SCH. BD. (5/11/1999, NO. 98-2709)

Challenge the Duval County school system's policy of permitting graduating students to vote on whether to have unrestricted student led messages at the beginning and closing of graduation ceremonies as facially and as applied violative of the Establishment Clause.
906 OPINION/ORDER
We are asked to decide whether a policy adopted by the Black Horse Pike Regional Board of Education that allows a vote of the senior class to determine if prayer will be included in high school graduation ceremonies is constitutional. For the reasons that follow we hold that this policy is inconsistent with the First Amendment of the United States Constitution. We will affirm. These prayers have historically been delivered by local clergy on a rotating basis in an attempt to afford different denominations the opportunity to be represented. Two policies were presented to the Board at its May 23. The other proposal would not have allowed
900 OPINION/ORDER
P.C. were on brief. Knight LLP were on brief. It is brought by a group of residents of Belmont. We affirm.


900 UNITED STATES V. MEYERS

David Meyers (Meyers) appeals from his conviction and sentence entered following a jury trial wherein he was found guilty of conspiracy to possess with intent to distribute and to distribute marijuana. The attempt failed and the marijuana was discovered. Agent Freel testified to the grand jury that Jones was involved in storing and packaging marijuana in various quantities for Meyers between January and August. It was Meyers who advised Jones and inspected the packages. Meyers was indicted by a grand jury on Count I and Count II. Meyers pled not guilty and trial was set for October 2. Who was acting at the direction of Meyers. Recore testified that he was receiving all the marijuana he distributed to Jones from Meyers and that he was acting at Meyers' direction by delivering the marijuana to Jones. Meyers testified that he is the founder and Reverend of the Church of Marijuana and that it is his sincere belief that his religion commands him to use. The district court concluded that the neutral drug laws at issue were not subject to a First Amendment free exercise challenge and that Meyers' beliefs did not constitute a religion for purposes of the RFRA.
898 OPINION/ORDER
2000 9:54:01 AM
871 OPINION/ORDER
The table displays are set up and stocked entirely by private citizens who are not affiliated in any way with the schools. No one is allowed to enter classrooms to announce the availability of the religious or political material. No school announcement or assembly is allowed to mark the availability of the Bibles or any other religious or political material. School principals are charged with ensuring strict compliance with these guidelines. Westfall or school activity personnel
871 OPINION/ORDER
Pennsylvania Department of Corrections OPINION OF THE COURT PER CURIAM: This is an appeal from an order of the District Court granting defendants summary judgment on claims that defendants infringed upon. 1 contend that the Pennsylvania Department of Corrections' former policy of limiting inmates' access to religious material while they were confined in a special unit for highrisk inmates was unconstitutional both as applied and facially because defendants used
867 OPINION/ORDER
Homeowners who live across from a Roman Catholic school which is constructing improvements and additions to the school without obtaining a
867 OPINION/ORDER
Circuit Judge: This appeal is the latest chapter in a protracted saga centered around a 43 foot high Latin cross that stands atop Mt. A 170 acre parcel of land that was dedicated to public use in 1916 as
867 OPINION/ORDER
Circuit Judge: This appeal challenges Washington law that denies a statefunded
867 OPINION/ORDER
42 U.S.C. § 2000cc et seq.1 We first hold that the SZO's provision excluding churches and synagogues from locations where private clubs and lodges are permitted violates the equal terms provision of RLUIPA. We must decide whether RLUIPA is a constitutional exercise of Congress's authority under the First. Finding that it is. Midrash and Young Israel (collectively the
867 OPINION/ORDER
863 OPINION/ORDER
Thou shalt have no other gods before me. Nor his cattle nor anything that is thy neighbor's. Above the inscription are two small tablets engraved with the Ten Commandments written in a Semitic script. Below it are two six point stars. Plattsmouth's briefs say it is Phoenician. It matters not which Semitic language is reproduced on the small tablets. This image is also referred to as the Egyptian
863 OPINION/ORDER
Each of whom is sued in their official capacities as CHESTER COUNTY COMMISSIONERS. Was designed by Thomas Ustick Walter. The plaque was affixed near what was then the entrance to the Courthouse. That entrance was closed.
861 OPINION/ORDER
Circuit Judge: The primary issues presented in this appeal from the District Court's order denying preliminary injunctive relief are whether the Free Speech and Free Exercise Clauses of the First Amendment allow the Borough of Tenafly. Because there is no evidence that the acts in question are expressive. Because the other requirements for injunctive relief are satisfied. In practice they have often done so. House number signs nailed to utility poles in plain view are 1. Our description of the facts is based on our independent review of the record because. Local churches are tacitly allowed to post permanent directional signs bearing crosses on municipal property. Orange ribbons were affixed to utility poles
861 OPINION/ORDER
Which are usually intended to convey an individual's interpretation of the holiday season. This right is reinforced by the Establishment Clause. Which prevents the government from imposing its religious will upon its citizens. Citizens will find themselves embroiled in legal and political disputes over the content of municipal displays. Threats of municipal display lawsuits and restraining orders have become almost as much a part of the holiday season as last minute shopping sprees. We will affirm the district court's holding that the City's original display of the crèche and the menorah violated the Establishment Clause. We will hold that the district court applied the wrong standard to determine that the City's second display. As well as the property on which the displays are located. Are owned by the City. The crèche is a depiction of the day Jesus was born in a manger in Bethlehem. The City's display is approximately twelve feet long by eight feet wide and includes replicas of Joseph. A menorah is used by Jews to commemorate the Miracle of the Oils.
856 OPINION/ORDER
I. BACKGROUND Hamilton is incarcerated at the maximum security Potosi The facility provides crossCorrectional Center (Potosi).1 denominational religious facilities inside prison buildings. American Indian inmates at Potosi are allowed to pray. American Indians are also allowed to carry medicine bags containing ceremonial items and have access to a ceremonial pipe and kinnikinnik (a ceremonial
852 OPINION/ORDER
This is an appeal from an injunction enjoining the operation of a public school. Factual Background Independent School District No. 640 (the district) is a rural school district located in southwestern Minnesota. Which is approximately fourteen miles from Vesta. 2 Lloyd Paskewitz bought the old Vesta elementary school building in 1991. Paskewitz and several other Vesta families are members of a religious group known as the Brethren. W.) It is undisputed that the Brethren have a sincerely held religious belief in avoiding the use of technology.
843 OPINION/ORDER
Plaintiffs in these three consolidated cases are Ohio prisoners who contend. That various Ohio corrections officials have violated the Religious Land Use and Institutionalized Persons Act (RLUIPA). Their motions were denied by the district court. The facts of the individual cases are not particularly relevant. What is relevant to this case is the history and substance of RLUIPA. The Supreme Court held that the United States Constitution does not require that government have a compelling state interest in order to enact a law of general applicability that incidentally burdens the exercise of religion. That
835 OPINION/ORDER
2003 is amended as follows: Insert at Slip. Judges McKeown and Rawlinson have voted to deny the petition for rehearing en banc and Judge KONG v. The petition for rehearing is DENIED and the petition for rehearing en banc is DENIED. 2004 in which to file a reply brief is GRANTED. The district court held that these amendments were not an establishment of religion. SCULLY 1739 (1) The term
835 OPINION/ORDER
The district court held that these amendments were not an establishment of religion. The cross referenced section x(ss)(1) reads in relevant part as follows: Religious nonmedical health care institution (1) The term
835 00-4015 -- U.S. V. WILGUS -- 08/08/2001

The Secretary of the Interior to promulgate regulations which authorize takings or possession of these eagles when such possession is compatible with eagle preservation and
824 OPINION/ORDER
Application for Annexation Vision is a religious corporation of the State of Illinois currently located in Mundelein. It was founded in 1981. The Village of Long Grove is an 18 square mile community located in Lake County.
819 OPINION/ORDER
Bush is substituted for his predecessor. Is ordered amended. The Clerk is instructed to file the amended opinion with Judge Fernandez's amended concurrence/dissent. The Clerk is also instructed not to accept for filing any new petitions for rehearing and petitions for rehearing en banc in this case. The petitions for rehearing are DENIED and the petitions for rehearing en banc are DENIED. Concurring in the order: My views as to the merits of this issue are set forth in the amended majority opinion authored by Judge Goodwin. I disagree with the notion that the importance of an issue is a sufficient reason to take a case en banc. The rule begins by stating that a
819 CHANDLER V. JAMES (7/13/1999, NO. 97-6898)

Because the states are bound by the First Amendment. We shall affirm the judgment of the district court as to the Governor's appeal.
819 CHANDLER V. JAMES (7/13/1999, NO. 97-6898)

Because the states are bound by the First Amendment. We shall affirm the judgment of the district court as to the Governor's appeal.
819 OPINION/ORDER
Claim to have had regular and unwelcome contact with the plaque while entering and walking past the courthouse. Would not have viewed Chester County's refusal to remove the plaque as an endorsement of religion. Is not highlighted or displayed prominently. Is one of several historical relics displayed on the courthouse. A bronze plaque containing the text of the Ten Commandments and other biblical passages (
815 OPINION/ORDER
Circuit Judge: We are presented with the issue of whether the presence of a Latin cross on private property surrounded by publicly maintained park land atop Mount Soledad in San Diego. I. BACKGROUND Mount Soledad Natural Park is approximately 170 acres of land forming a mountain with a flat cleared area at the top. The current cross was dedicated to veterans of World Wars I & II and the Korean War. Immediately outside the parking area surrounding the cross is a cleared area with benches and a public sidewalk. The cross is visible from various places in the park and around the city including a portion of the interstate highway. A more complete history of the events involved in the previous litigation is set forth in our decision in Ellis v. Holding that the mere designation of the cross as a war memorial was not enough to satisfy the separationist No Preference Clause of the California Constitution. The sale gave the appearance that the city was preferring the Christian religion by trying to save the cross. Directly under the cross while the remaining developed land surrounding the cross was still owned and maintained by the city.
815 OPINION/ORDER
Circuit Judge: We are presented with the issue of whether the presence of a Latin cross on private property surrounded by publicly maintained park land atop Mount Soledad in San Diego. I. BACKGROUND Mount Soledad Natural Park is approximately 170 acres of land forming a mountain with a flat cleared area at the top. The current cross was dedicated to veterans of World Wars I & II and the Korean War. Immediately outside the parking area surrounding the cross is a cleared area with benches and a public sidewalk. The cross is visible from various places in the park and around the city including a portion of the interstate highway. A more complete history of the events involved in the previous litigation is set forth in our decision in Ellis v. Holding that the mere designation of the cross as a war memorial was not enough to satisfy the separationist No Preference Clause of the California Constitution. The sale gave the appearance that the city was preferring the Christian religion by trying to save the cross. Directly under the cross while the remaining developed land surrounding the cross was still owned and maintained by the city.
809 OPINION/ORDER
O'Regan were on brief. Were on brief. We affirm the district court's grant of summary judgment.
809 99-4210 -- U.S. V. HARDMAN -- 08/05/2002

Jr. were convicted for unrelated counts of illegally possessing eagle feathers in violation of sections 703 and 668(a) of Title 16 of the United States Code. Was not criminally prosecuted.
804 96-4087 -- SNYDER V. MURRAY CITY CORP. -- 10/27/1998

Circuit Judge.

798 OPINION/ORDER
Bush is substituted for his predecessor. By his daughter's public school teacher are violations of the Establishment Clause of the First Amendment to the United States Constitution. FACTUAL AND PROCEDURAL BACKGROUND Newdow is an atheist whose daughter attends public elementary school in the Elk Grove Unified School District (
793 OPINION/ORDER
Circuit Judge: The pivotal question in this case is whether a city may. Between Tucson and recipients of Civic Events Fund support is such that Tucson was correct in concluding that the requested funding would have fallen on the Establishment Clause side of that
793 OPINION/ORDER
While this appeal was pending. Because the challenged display here is identical in all material respects to the third and final display in McCreary County. The display was to 1 include the Mayflower Compact. The National Motto 1 The version at issue reads: THE TEN COMMANDMENTS Thou shalt have no other gods before me. Or any likeness of any thing that is in heaven above. Or that is in the earth beneath. Or that is in the water underneath the earth: Thou shalt not bow down thyself to them. Thou shalt not take the name of the LORD thy God in vain: for the LORD will not hold him guiltless that taketh his name in vain. Nor any thing that is thy neighbour's. Included in the display is a commentary page that contains an explanation for each of the nine items. The following is the explanation for the Ten Commandments: The Ten Commandments have profoundly influenced the formation of Western legal thought and the formation of our country. That influence is clearly seen in the Declaration of Independence. That all men are created equal.
793 OPINION/ORDER
Circuit Judge: The San Francisco Peaks in the Coconino National Forest in northern Arizona have long standing religious significance to numerous Indian tribes of the American Southwest. The Arizona Snowbowl is a ski area on Humphrey's Peak. Plaintiffs appellants are the Navajo Nation. Defendantsappellees are the United States Forest Service. Humphrey's Peak is the highest point in the state. The Peaks are located within the 1.8 million acres of the Coconino National Forest. A traditional cultural property is one
793 OPINION/ORDER
Is amended by inserting the following after
793 OPINION/ORDER
Circuit Judge: The pivotal question in this case is whether a city may. Between Tucson and recipients of Civic Events Fund support is such that Tucson was correct in concluding that the requested funding would have fallen on the Establishment Clause side of that
783 OPINION/ORDER
ORDER The Opinion in this case was filed November 9. A timely petition for panel rehearing and for rehearing en banc was filed. Is deleted. A substituted footnote 2 is inserted in its place. The question of whether the FHA generally applies to homeless shelters was not at issue because the parties did not dispute that the FHA applied. We have never squarely addressed the issue of whether all temporary shelters fit within the Act's definition of
783 OPINION/ORDER
Which was managed by CHI and provided housing to men. The women and families were removed from Community House. The plaintiffs assert that the district court abused its discretion by denying a preliminary injunction that (1) would have COMMUNITY HOUSE v. (2) would have voided the City's lease with the BRM. We have jurisdiction under 28 U.S.C. § 1292(a)(1). We reverse the district court's denial of a preliminary injunction that would have required reinstatement of all former residents. Because the City's men only policy is facially discriminatory. We conclude that the district court abused its discretion by determining that only a limited injunction was necessary to avoid an Establishment Clause violation. A broader preliminary injunction is required. Which they have raised for the first time in this appeal. I. BACKGROUND CHI is a non profit corporation that provides housing services to homeless and low income persons. About seventy five percent of its residents were disabled. The BRM is a Christian non profit organization that has served the homeless population of Boise.
783 OPINION/ORDER
Died before it was released. 2 1 Attorney for Appellant Evan C. The ministerial exception was created to protect church autonomy and avoid entangling government in religious affairs. Where otherwise illegal discrimination is based on religious belief. Or the internal regulations of a church is simply the exercise of intolerance. Demoted her because she is a woman and because 5 she opposed sexual harassment by Gannon officials. A motion such as Gannon's is more properly dealt with under Rule 12(b)(6). We will therefore reverse the dismissal of her Title VII claims. What we deal with here is functionally a Rule 12(b)(6) dismissal. 6 2 religion clauses removed jurisdiction. We cannot conclude at this stage of litigation that these claims will require an examination of matters of faith. They are not barred by the religion clauses.3 I. The facts set forth below are drawn from Petruska's First Amended Complaint. Gannon University is a Catholic diocesan college located in Erie. Petruska was appointed permanent chaplain on July 1.
776 OPINION/ORDER
Plaintiffs alleged that the City and County of San Francisco violated the First Amendment and the California Constitution by formally disapproving of an advertising campaign that espoused the view that homosexuality is a sin and that homosexuals could change their sexual orientation. A full page advertisement was carried in the San Francisco Chronicle in 1998.
770 OPINION/ORDER
The Supreme Court held that RFRA was unconstitutional as applied to state law because Congress THE HONORABLE ANDREW W. RFRA is constitutional as applied to federal law. I. Bruce and Nancy Young are active members of the Crystal Evangelical Free Church (the Church). Both the bankruptcy court and the district court held that the tithes to the church were avoidable transactions. The Trustee had the burden of proving that
770 OPINION/ORDER
I. Appellee Kelvin Ray Love (
763 OPINION/ORDER
The statue in question is entitled Holier Than Thou and depicts the head and upper torso of what appears to be a Roman Catholic bishop. Vacates the judgment of the district court as to those claims since subject matter jurisdiction is now lacking. BACKGROUND Washburn University is a municipal university in Topeka. The university is governed by a nine member Board of Regents. Which is responsible for appointing the university president. Depicts a Roman Catholic bishop with a contorted facial expression and a miter that some have interpreted as a stylized representation of a phallus. The bronze statue measures thirty seven inches high by twenty seven inches wide and is inscribed with the words.
763 OPINION/ORDER
Who are New Jersey prison officials. The New Jersey Department of Corrections promulgated a policy in 1998 that was designed to isolate and rehabilitate gang members. The goal of this policy is to
763 OPINION/ORDER
757 OPINION/ORDER
Appellant in this action is a sophomore at Poway High School who was ordered not to wear a T shirt to school that read.
757 OPINION/ORDER
That person will immediately think of Chicago's O'Hare International Airport. It is one of the busiest airports in the world: in 2005. It is also of central importance to the economy of Chicago and Northern Illinois. Its claims against the Federal Aviation Administration (FAA) were resolved in the FAA's favor by the court of appeals for the District of Columbia Circuit in Village of Bensenville v. By approving the City's plan and determining that the plan was eligible for federal funding. Which is owned by the City. Was prepared and will be implemented by the City. Which is prepared to proceed without federal funds if necessary.
757 OPINION/ORDER
The style of the posters is identical. Are the words
757 OPINION/ORDER
Was on the briefs for appel lant. With her on the brief were Wilma A. Circuit Judge: Ben Kalka was a federal prison er. He was incarcerated in seven different Federal Correctional Institutions (
757 OPINION/ORDER
We are called upon to navigate between two equally important interests: the church's right to access a government building that is open to other groups. We conclude that the district court erred when it found that the church was likely to succeed on the merits of its First Amendment claim and therefore abused its discretion in granting preliminary injunctive relief. We have FAITH CENTER CHURCH v. I. The relevant facts are not disputed. The County's goal in making these meeting rooms available is
757 OPINION/ORDER
This Court was notified that Koenick was no longer employed as a public school teacher in Montgomery County. That is not always possible. The official school calendar indicates that from the Friday before Easter to the Monday after Maryland public schools are closed for
750 OPINION/ORDER
750 OPINION/ORDER
Below the text are two Stars of David. O. The Plattsmouth monument is one of many other Ten Commandments monuments given The Honorable Richard Sheppard Arnold died on September 23. This opinion is filed by the remaining judges of the en banc court. Neb. 2002) (noting that Plattsmouth monument is identical in content to monument at issue in Books v. In which nonsectarian nature of text is discussed). 22 1 by the Eagles to towns. Even states in the 1950s and 1960s.3 The Eagles is a national social. The monument was erected in a corner of Plattsmouth's forty five acre Memorial Park. Although it is not known whether these City employees were acting in their personal or official capacities. The monument is located two hundred yards away from the park's public parking lot. There are no roads or walkways from the parking lot to the monument. It is too far away to be read by passing motorists. If repairs are required. A large plaque inscribed with the names of all donors to Memorial Park is located near the park's entrance.
744 OPINION/ORDER
Because the DOC is unable to show that its ten book policy is the least restrictive means to further its compelling governmental interest in the safety and health of prisoners and prison employees. We will reverse the District Court's order dismissing Washington's RLUIPA claim and remand with instructions to consider whether any factual issues remain when that claim is evaluated under the proper legal standard. I. Henry Unseld Washington is an inmate in the custody of the Pennsylvania DOC who has attempted to practice his religion while incarcerated. Washington's Church states that
744 OPINION/ORDER
The one that has prompted the issuance of this opinion is his claim that the defendants infringed on his right to practice his religion when they refused to allow him to create an After an examination of the briefs and the record. We have concluded that oral argument is unnecessary. The appeal is submitted on the briefs and the record. Kaufman also argues that the defendants used an overly broad definition of
737 OPINION/ORDER
Prince's club was recognized only as a
737 OPINION/ORDER
Worldwide organization composed of born again believers whose purpose is to evangelize boys and girls with the Gospel of the Lord Jesus Christ and to establish (disciple) them in the local church for Christian living.
737 OPINION/ORDER
Line 7 the word
737 OPINION/ORDER
We will reverse the judgment of the District Court and remand the case for further proceedings consistent with this opinion. 2 I. DeHart is currently serving a life sentence at SCI at Greene. Which are Buddhist religious texts. Challenge whether vegetarianism is a central tenet of any recognized Buddhist sect. A brief overview of the process by which Pennsylvania prisons provide meals to inmates is necessary for a proper understanding of DeHart's request. The food for those meals is obtained through bulk purchases. The therapeutic diet consists of the same foods (in different proportions) that are served on the master menu. The therapeutic meals are prepared individually. All inmates who have been prescribed a therapeutic diet eat together in one dining hall after it has been cleared of the other inmates. DeHart proposes that he be served a vegetarian meal when other inmates are served the therapeutic meals. As she 3 is not currently purchased by the Department of Corrections (
737 OPINION/ORDER
Was denied his requests for kosher meals that he claims his religious beliefs require. Church members are commonly known as Hebrew Israelites. What is clear is that in July 2000 and again in March 2001. Both requests were approved by local prison officials. Unless the government demonstrates that imposition of the burden on that person (1) is in furtherance of a compelling government interest. (2) is the least restrictive means of furthering that compelling government interest.
737 OPINION/ORDER
Claimed she was subjected to harassment and ultimately terminated. Is an undergraduate and graduate educational institution. Is a state college of New Jersey. 2 considered the evidence and applied certain legal principles. We will therefore reverse the grant of summary judgment and remand for further proceedings. Facts Most of the underlying facts are undisputed. Where there is a dispute. Abramson was the only Orthodox Jew employed in the School of Education at WPC. The days she missed on account of Jewish holidays were not counted as sick days. An untenured professor's academic performance was to be reviewed on an annual basis. Retention and tenure decisions in Abramson's department are first considered by the Curriculum and Instruction Retention Committee (
728 SNYDER V. MURRAY CITY CORP.

Snyder's proposed speech was a prayer and whether Murray City denied his request. An invitation to participate in our opening ceremonies will not be forthcoming.
728 OPINION/ORDER
Were on the briefs. Were on the brief. Were on the brief for amicus curiae The DKT Liberty Project. Was on the brief for amicus curiae Senator Vincente C.
722 OPINION/ORDER
€the€City€would€be€entitled€to€qualified€immunity€onÐ
713 OPINION/ORDER
The Good News Club (
713 OPINION/ORDER
Glasson & Dineen was on brief for appellant Guadalupe Rojas. Were on brief for appellee Cynthia A. Cobleigh were on brief for appellee Salvation Army. BACKGROUND BACKGROUND The following facts are not disputed. Rojas was a paid employee of the Salvation Army. Rojas was not. Was not required to be. The DET found that Rojas was ineligible because her former employer. Was exempt from contributing to Rhode Island's unemployment insurance scheme under sections 28 42 8(4) and 28 44 11 of the Rhode Island General Laws.1 Pursuant to the exemption for religious employers under section 28 42 8(4). No taxes were withheld from Rojas's wages by the Salvation Army. Her income was not reported to the DET. The DET's denial of benefits was upheld by a DET referee after a hearing. Later the referee's determination was upheld by the DET Board of Review. The DET determined that the Salvation Army is a
713 OPINION/ORDER
Circuit Judge: This is an appeal by John Watts from the dismissal under Fed. That because of his religious beliefs he was terminated from a practicum position. Are what count. He was scheduled to graduate in May of 1997. Field Practicum II was a
713 OPINION/ORDER
The Property is the only location within Morgan Hill actually zoned for hospital use. Provided such uses are shown on the development plan for a particular PUD district as approved by the city council.
713 OPINION/ORDER
I. This matter is before the en banc court to review issues emanating from the panel opinion in O Centro Espirita Beneficiente Uniao Do Vegetal v. The underlying facts relating to the parties and the issues are fully described in the panel opinion and are therefore unnecessary to reiterate here. The en banc court is divided over the outcome of this case. The en banc court holds that courts in this Circuit must recognize that any preliminary injunction fitting within one of the disfavored categories must be more closely scrutinized to assure that the exigencies of the case support the granting of a remedy that is extraordinary even in the normal course. Movants seeking such an injunction are not entitled to rely on this Circuit's modified likelihood of success on the merits standard. A majority of the en banc court is of the view that the district court's entry of a preliminary injunction in this case should be affirmed. The decision of the United States District Court for the District of New Mexico to grant UDV's request for a preliminary injunction is hereby AFFIRMED.
704 OPINION/ORDER
Denied the college's request for money because the Commission believed that Columbia Union was a
704 OPINION/ORDER
Was violating his rights under the First Amendment of the United States Constitution and Title VII of the Civil Rights Act of 1964. We also hold that the public employer was not required to further accommodate Mr. Berry that its policy was that employees in his position were not allowed to talk about religion with clients and the agencies the employees contacted. He initially thought that he was prohibited from talking about religion from the moment he arrived at work until the moment he left. Berry testified that one day his daughter called him on the phone when she was sick at home and he felt that he was prohibited from praying with his daughter. Was uncomfortable with the restriction and requested to be relieved from it. DEP'T OF SOCIAL SERVICES 4883 a counseling memorandum instructing him to
696 00-1040 -- WELLS V. CITY AND COUNTY OF DENVER -- 07/02/2001

The East Steps
696 OPINION/ORDER
Zimmerman were on brief. P.A. was on brief. These are cross appeals in a Title VII religious discrimination case. The sum of which was reduced to the statutory cap of $300. Johnson was repeatedly harassed over the course of his nine year employment in Spencer Press's janitorial department by his supervisor. Arguing that the evidence did not show that the harassment was because of Johnson's religion and did not show that it was severe and pervasive. We reject these contentions and affirm.

Johnson cross appeals the district court's holding that he was not entitled to any back pay or front pay after he was fired from his next job. He also argues that the district court erred in rejecting the contention that he was unable to get a subsequent job because he was psychologically disabled. That Spencer Press is responsible for this disability because it stems from the harassment he endured while he was an employee there.

We affirm the limitation on Johnson's front pay and back pay.

696 OPINION/ORDER
The church under 11 U.S.C. were not avoidable Minn. 1992). Minn. 1993). § 548(a)(2) because the contributions were not made in exchange for less than
696 OPINION/ORDER
He claimed that his rights under the First Amendment's Speech Clause were violated when Allred and Harland punished him for silently raising his fist during the daily flag salute instead of reciting the Pledge of Allegiance with the rest of his class. He further claims that his Establishment Clause rights were violated by Allred's daily
696 99-1284 -- KIKUMURA V. HURLEY -- 03/09/2001

Because the district court committed legal error in holding Plaintiff did not have a substantial likelihood of success on his RFRA claim and would not be irreparably harmed absent an injunction. FACTS AND PROCEDURAL HISTORY

Plaintiff appellant Yu Kikumura is an inmate in the United States Penitentiary. Defendant John Hurley is Warden at the Penitentiary. Gallegos is an Associate Warden at the Penitentiary. Who is originally from Japan. Rickard's request to visit Plaintiff was denied by prison officials.

During the next several months Plaintiff. Defendant Hurley then sent letters to Plaintiff and Yasutake explaining that the requests were denied because they did not meet the criteria for pastoral visits established by Bureau of Prisons (

696 OPINION/ORDER
The statute prescribes that
687 OPINION/ORDER
We hold that the Religious Freedom Restoration Act of 1993 is constitutional as applied to federal law. Hankins was a clergy member ordained by appellee New York Annual Conference of the United Methodist Church (
687 OPINION/ORDER
We hold that the Religious Freedom Restoration Act of 1993 is constitutional as applied to federal law. Hankins was a clergy member ordained by appellee New York Annual Conference of the United Methodist Church (
687 OPINION/ORDER
Concurrence by Judge Wallace *Mike Johanns is substituted for his predecessor. Is sitting by designation. 10525 10528 THE ACCESS FUND v. Is many things to many people. It is a site of powerful religious and cultural signifi THE ACCESS FUND v. Cave Rock is a culturally. Native Americans who have lived in the Tahoe area for at least 1500 years. Traditional Washoe view Cave Rock as the site of important mythological events that are central to their cosmology. It is also a symbol of their cultural and religious identity. Cave Rock is
687 OPINION/ORDER
Were ordered removed by the Immigration and Naturalization Service (
687 02-2323 -- O CENTERO ESPRITA BENEFICIENTE UNIAO DO VEGETAL V. ASHCROFT -- 09/04/2003

The district court granted UDV's motion for a preliminary injunction in a unpublished Memorandum Opinion and Order.
687 OPINION/ORDER
Were ordered removed by the Immigration and Naturalization Service (
687 OPINION/ORDER
That a) The District's censorship of Antonio's assignment was viewpoint neutral. B) the censorship was justified by legitimate pedagogical concerns. Those claims have been abandoned on appeal. 2 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 We now affirm the district court's determination that no Establishment Clause violation attended The District's actions. Are recounted in the light most favorable to the Pecks. THE POSTER ASSIGNMENT AND THE SCHOOL RESPONSE During the 1999 2000 school year Antonio was a kindergarten student at the Catherine McNamara Elementary School. Part of the kindergarten curriculum taught by Weichert was a two month environmental unit that. In an assignment in which students in the class were instructed to create a poster showing what they had learned about the environment. An annual event to which parents of the students were invited. We are writing to inform you about our environmental program that we will be presenting to the parents on June 11th. . . . We will plant a tree on the school grounds.
687 OPINION/ORDER
Were ordered removed by the Immigration and Naturalization Service (
687 OPINION/ORDER
Were ordered removed by the Immigration and Naturalization Service (
678 98-3236 -- STEWART V. THOMAS -- 04/12/1999

The case is therefore ordered submitted without oral argument.

Plaintiff Stephen Allen Stewart. Stewart is an inmate in the El Dorado Correction Facility. Stewart was denied special meals served after sunset in observance of Ramadan in 1997.

During the Islamic month of Ramadan. Ramadan is important in the Muslim faith because it is the month in which the first verses of the Holy Qur'an (often spelled

678 OPINION/ORDER
LOS ANGELES COUNTY of the LA County Seal that included the image of the cross was first adopted on January 2. A black and white image of the 1957 seal is attached as Appendix A to this opinion. A black and white image of the 2004 seal is attached as Appendix B to this opinion. Their decision to remove the cross from the seal was motivated by a desire to
678 OPINION/ORDER
The question presented by this appeal is whether a taxpayer can ever have standing under Article III of the Constitution to litigate an alleged violation of the First Amendment's establishment clause unless Congress has earmarked money for the program or activity that is challenged. Would have been correct in his thinking under an earlier view of Article III's limitation of the federal judicial power to deciding
678 OPINION/ORDER
The court found that the Inmates' RFRA claim was untimely. I. The Inmates are members of the Sunni Muslim religion. All Muslim sects are invited to attend services. Claiming that there are fundamental differences between the Muslim sects that prevent them from worshiping together in one service. The Sunni Muslim sect at SCI Huntingdon approximates 75 in number and is one of the two largest at the institution. The Inmates claim that several empty rooms are available at the prison at times when they wish to worship. That they are one of the larger Muslim sects in the installation. Who are provided facilities for separate services at Huntingdon. Stating that the institution did not have the space or the resources to accommodate separate worship services. The Inmates submitted numerous unsworn written statements by prisoners asserting that the teachings of the institution's current Muslim worship service leader are in direct contradiction to their faith. Dress Code and teachings of Iman Wallace Deem Muhammad) which are in direct conflict with the four (4) School's [sic] of Thought of the Sunni Muslim Brotherhood.
678 OPINION/ORDER
Is subdivided into numbered districts and subdistricts. A majority of Chicago land available for development is zoned R. Churches are permitted uses as of right in all R zones. Are termed Variations in the Nature of Special Uses (
678 OPINION/ORDER
Morrison alleged that defendants refused to consider his request to obtain Native American religious items because he is not of Native American heritage. Inmates are required to specify their claimed religion. The purpose for which each item is used. Why each item is necessary. Whether each item is mandated by their religion. A religious leader of the professed faith is contacted to verify the relevance of and need for the item. Morrison is not a Native American Indian by birth. He is. HEART is not a religion. The majority of its members at GCC are not Native Americans and. That everything has a spirit and is connected.
670 OPINION/ORDER
Circuit Judge.
Plaintiff Appellee Rex Shrum is both a law enforcement officer and a clergyman. Officer Shrum was also a member of the local lodge of the Fraternal Order of Police (FOP). Which was the certified bargaining agent for its members in the Coweta Police Department.
Problems arose over Officer Shrum's time sheets. He was supposed to put his time sheets in the report box of Assistant Chief of Police Derrick Palmer on Friday night. Officer Shrum was suspended by the Department for three days without pay. His suspension was announced in a letter from Assistant Chief Palmer. Which the City denied and which was submitted to arbitration on September 12. Officer Shrum was again suspended by Assistant Chief Palmer. He was suspended for five days without pay and put on probation for six months. This grievance was later settled. With the City agreeing to pay Officer Shrum for the days he was suspended.
In early 2002 Officer Shrum was reassigned to work as a patrolman under Sergeant Joe Gist.
670 LUBETSKY V. APPLIED CARD SYS., INC. (7/12/2002, NO. 01-17203)

Asserts the decision maker was not aware of Appellant's religion when he decided to rescind the offer. The district court granted summary judgment in favor of Appellee because Appellant was unable to establish a
670 LUBETSKY V. APPLIED CARD SYS., INC. (7/12/2002, NO. 01-17203)

Asserts the decision maker was not aware of Appellant's religion when he decided to rescind the offer. The district court granted summary judgment in favor of Appellee because Appellant was unable to establish a
659 OPINION/ORDER
P. 3(c)(4) provides that an appeal should not be dismissed
659 OPINION/ORDER
No. 02 1267 ORDER Before the Court is the appellant's petition for rehearing and rehearing en banc. Panel rehearing is hereby denied. Rehearing en banc is also hereby denied. Which are filed herewith. This Order is entered for the Court at the direction of Judge King. Any disagreement I have with them is in matters of inconsequential detail. I. I am struck with the reliance by the panel on what it obviously believes is some kind of impure motivation on the part of VMI. Although stating that it agreed with the conclusion of the district court that part of VMI's educational mission in the eyes of General Bunting is
659 OPINION/ORDER
We will reverse the judgment of the District Court and remand 2 the case for further proceedings consistent with this opinion. I. DeHart is currently serving a life sentence at SCI at Greene. Which are Buddhist religious texts. Challenge whether vegetarianism is mandated by any recognized Buddhist sect. A brief overview of the inmate meal process at DeHart's institution is necessary to understand his request. The food for those meals is obtained through bulk purchases. The therapeutic diet consists of the same foods (in different proportions) that are served on the master menu. The therapeutic meals are prepared individually. All inmates who have been prescribed a therapeutic diet eat together in one dining hall after it has been cleared of other inmates. DeHart proposes that he be served a vegetarian meal when other inmates are served therapeutic meals. Which is not currently purchased by the Department of Corrections (
648 OPINION/ORDER
Dissenting: The Religious Freedom and Restoration Act (
648 OPINION/ORDER
With him on the briefs were Peter D. With him on the briefs were Stephen J. With him on the brief were Irvin B. Schaeffer were on the brief for amici curiae Americans United for Separation of Church and State in support of affirmance. The issue in this appeal from an order granting summary judgment in favor of the American Jewish Congress (
648 OPINION/ORDER
This appeal presents another variation on the question whether taxpayers have standing to challenge a governmental action that allegedly violates the Establishment Clause an issue that arises with some regularity. Each of these cases addresses challenging issues in an area of law in which the law is by no means clear. The taxpayers' target is a federal statute. Plaintiff Eugene Winkler and others (to whom we refer collectively as Winkler) sued the Secretary of Defense claiming that the Jamboree statute violates the Establishment Clause because it requires the government to support an organization BSA that conditions membership upon a belief in God and thus that excludes believers in religions that are not based on one or more Deities. The district court ruled that standing was proper. It then found that BSA is a religious organization and that the direct public subsidy of the Jamborees violated the Establishment Clause. We conclude that Winkler does not have standing to challenge the Jamboree statute. There are three elements of Article III standing: injury in fact.
648 OPINION/ORDER
Even though Ricky Inouye is now deceased. 1 INOUYE v. Was released on parole on November 20. Nanamori was added to the prison case in the third amended complaint. Judge Mollway initially held that Nanamori was not entitled to qualified immunity. Nanamori was dismissed. The case was ultimately settled and dismissed on August 12. Because there was no final judgment on the merits in the case. Inouye is a Buddhist. Enclosed is a copy of the decision in Kerr v. Is not limited to. Inouye is required to participate in the prayer. Please assure that there is no religious content in any substance abuse program that is imposed as a requirement of Mr. Inouye's parole. under the law of the State in which the judgment was rendered.
648 OPINION/ORDER
LLP were on brief for appellee Puerto Rico Aqueduct and Sewers Authority.

648 OPINION/ORDER
It is upon these findings and the trial evidence that we base the account set forth below.1 First.
648 OPINION/ORDER
The modifications were designed to modernize classrooms and to reduce class size. Were intended specifically for religious exercises. Which would have allowed the application to proceed to the next phase of consideration without requiring the School to submit an Environmental Impact Statement. Alleging that the Board's rescission of the negative declaration was unlawful. Among reasons cited by the Board for denying the permit were: the potential for increased intensity of use due to increased enrollment at WDS. Unless the government demonstrates that imposition of the burden . . . is in furtherance of a compelling governmental interest. . . . [the burden imposed] is the least restrictive means of furthering that compelling governmental interest.
648 OPINION/ORDER
The school authorities have offered no lawful justification for banning Harper's t shirt and the district court should therefore have enjoined them from doing so pending the outcome of this case. The district court should have enjoined the policy as well. Which is governed by Hazelwood School District v. It is governed by Bethel School District No. 403 v. All other speech falls into the third category and is governed by Tinker v. Harper's t shirt was clearly not school sponsored. It was a closer question whether Harper's t shirt involved plainly offensive speech. Explaining that
648 OPINION/ORDER
Circuit Judge: The primary issue in this appeal is whether the government violated the Equal Protection Clause when it peremptorily struck two African American. The District Court held that race was not a factor in the strikes and that the government's religion related reasons for the strikes were permissible. Because we are satisfied that the government's peremptory strikes in this case were based on the jurors' heightened religious involvement rather than a specific religious affiliation. Because they were not racially motivated. We will affirm. Jerry DeJesus was stopped. DeJesus was charged with the illegal possession of a firearm by a convicted felon in violation of 18 U.S.C. § 922(g)(1). DeJesus' first trial ended in a mistrial after the jury was unable to reach a verdict. DeJesus was sentenced to a prison term of 110 months. We will set forth only the facts that relate to these two issues. A. Jury Selection Jury selection for DeJesus' retrial was conducted in three phases. The prospective jurors were asked to complete a questionnaire.
648 DANIEL J. LEVITAN V. JOHN ASHCROFT

Argued the cause as amicus curiae on the side of appellants.
648 OPINION/ORDER
Opinion filed 9/19/02 is reinstated. Opinion filed 9/19/02 is vacated. That it is void for vagueness. Was summarized more fully in Bryant I. A regulated abortion clinic is defined as
648 OPINION/ORDER
Finding that Child Evangelism was likely to succeed in showing that Stafford was engaging in viewpoint discrimination and that this discrimination was not required by the Establishment Clause. The principal is authorized to duplicate scheduled memos and send the m home with the children. The following non profit organizations are permitted to distribute 3 See
648 OPINION/ORDER
I. Murphy is incarcerated at the Crossroads Correctional Center in Cameron. He is a practicing member of the Christian Separatist Church Society (CSC). A religious group that holds as a central tenet the belief that its members must all be Caucasian because they are uniquely blessed by God and must separate themselves from all non Caucasian persons. MDOC contends that its decision was necessary to preserve security and to reduce the likelihood of racial violence. To have access to clergy visits. He claims that he was improperly denied privileges that have been given to other separatist groups. Was improperly censored. Summary judgment is proper if. There is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. If the moving party has presented evidence establishing that there is no genuine issue of material fact. We consider only admissible evidence and disregard portions of various affidavits and depositions that were made without personal knowledge. Constitutional claims that would otherwise receive strict scrutiny analysis if raised by a member of the general population are evaluated under a lesser standard of scrutiny in the context of a prison setting.
648 OPINION/ORDER
WILL ACKLES. Judges Trott and Gould have voted to grant the petition for rehearing en banc. The full court was advised of the petition for rehearing en banc. Is DENIED. I write to emphasize that the rule announced in Bollard and applied in this case is consistent with the constitutional underpinnings of the ministerial exception. That every court that has addressed a minister's ability to recover damages for sexual harassment has reached the same conclusion we have. The
648 OPINION/ORDER
With him on the briefs was Richard P. With him on the brief were Roscoe C. Circuit Judge: Appellants are federal prisoners who are practicing Catholic Christians. Prison officials have allowed inmates to consume wine under supervision during Communion. Only the supervising chaplain is per mitted to consume the wine. A prison regulation that impinges on inmates' constitutional rights is valid if it is reasonably related to legitimate penolog ical interests. The District Court granted summary judgment for the prison officials on the ground that consuming wine during Communion is not an essential aspect of appellants' religious practice. I. Background Appellants are incarcerated at the Federal Prison Camp in Pensacola. They are self described Catholic Christians who were baptized as children. Which is also called Holy Communion. Communion is traditionally adminis tered by a priest. This transformation is called transubstantiation. Appellants stated their belief that it was
637 OPINION/ORDER
Unpublished opinions are not binding precedent in this circuit. Under Title VII for refusing to allow her to wear a head scarf at work that was mandated by her religion. Cooper told Ali that she would have to stop wearing the head scarf or be transferred to a position in ALI v. Claiming that Alamo's refusal to allow her to wear a head scarf was employment discrimination in violation of Title VII. Ali claims that Alamo's refusal to allow her to wear a head scarf was in violation of 42 U.S.C. § 2000e 2(a). That section provides that it is an unlawful employment practice for an employer (1) to fail or refuse to hire or to discharge any individual. She concedes that her termination was lawful and unrelated to the events that form the basis for this suit. 1 4 ALI v. The adverse employment action requirement is derived from the statute's requirement that the employer's practice relate to
637 OPINION/ORDER
Inc. were on brief. Were on brief. It is appropriate that we keep in mind that
637 OPINION/ORDER
O:\Slip\WP\2005\05 1383 Village of BENSENVILLE 9 7 06.odl.wpd
637 OPINION/ORDER
90 L.Ed.2d 735 (1986) (plurality opinion) (
637 OPINION/ORDER
We have jurisdiction pursuant to 28 U.S.C. § 1292(a)(1). FACTUAL AND PROCEDURAL BACKGROUND The facts here are undisputed by the parties. Billy Soza Warsoldier is a Cahuilla Native American. He further believes that if he were to cut his hair. The deceased members of his tribe will subject him to taunting and ridicule. Warsoldier was an inmate at California's Adelanto Community Correctional Facility (
626 OPINION/ORDER
P.A. was on brief. Were on brief. The contract gives Minot the right to send up to 10% of its high schoolers to other approved nonsectarian secondary schools (private or public) so long as those students can demonstrate that they have educational needs that PRHS cannot satisfy. MacKinnon are parents residing in Minot who. A Catholic secondary school that is indisputably sectarian. The parents have not submitted formal applications for such funding because section 2951(2). The doctrine of stare decisis precludes the relitigation of legal issues that have previously been heard and authoritatively determined.
626 ADLER V. DUVAL COUNTY SCH. BD. (5/11/2001, NO. 98-2709)

The Court vacated our decision and remanded it for further consideration in light of
626 OPINION/ORDER
A Pentecostal Christian who is a citizen of Eritrea. We will grant the petition and remand for further proceedings consistent with this opinion. He was denied admission because he presented a false Italian passport that had been manufactured for him. Ghebrehiwot was born in Asmara. Is one of eight children. I don't have nothing. If I go home and I show them where I live and they find out that I fled to Sudan they will kill me.
626 OPINION/ORDER
Circuit Judge: This is the Cobb County. They have appealed asking us to reverse the district court's judgment. Whether we should reverse or affirm the judgment depends on the evidence that was before the district court. We cannot tell from the record what that evidence was. The attorneys have not been able to identify what was omitted. The problems presented by a record containing significant evidentiary gaps are compounded because at least some key findings of the district court are not supported by the evidence that is contained in the record. We have concluded that the unfilled gaps in the record. For reasons we will explain. We have decided the best thing to do is remand 3 the case to the district court in order for it to conduct new evidentiary proceedings and enter a new set of findings based on evidence in a record that we will be able to review. The difficulty of an uncertain record and missing evidence is especially vexing in an Establishment Clause case because in this area of the law the devil is in the details.
626 OPINION/ORDER
Plaintiffs are inmates at the Iowa State Penitentiary (ISP) in Fort Madison. CONS was founded in the early 1970s by a federal prisoner named Harry Theriault. 3 Though Theriault testified that CONS was initially established as a
626 ADLER V. DUVAL COUNTY SCH. BD. (5/11/2001, NO. 98-2709)

The Court vacated our decision and remanded it for further consideration in light of
613 OPINION/ORDER
General Motors developed what is now known as its Affinity Group program. I. BACKGROUND The allegations that follow are set forth in the complaint and in the General Motors Affinity Group Guidelines attached as an exhibit to the complaint. Affinity Groups
613 OPINION/ORDER
Judge Roth assumed senior status. ** This case was argued before the panel of Judges Fuentes. The decision is filed by a quorum of the panel. 28 U.S.C. § 46(d) (Filed: June 7. Was fired after she signed her name to a pro choice advertisement in the local newspaper. Curay Cramer asserts both that signing the advertisement was conduct protected by 42 U.S.C. § 2000e 3(a) and that she was fired for conduct less egregious under Catholic doctrine than conduct of male employees who were treated less harshly. We will affirm but. I. Factual Background Ursuline Academy is a private. That right is under 3 attack. We urge all Delawareans and elected officials at every level to be vigilant in the fight to ensure that women now and in the future have the right to choose. Following the text were the names of the individuals endorsing it. Curay Cramer was called into the office of Barbara C. Griffin informed Curay Cramer that the school was deeply troubled by her public support of a position inimical to accepted Catholic doctrine and that Griffin was considering terminating Curay Cramer's employment with the school.
613 00-2166 -- SAENZ V. DEPT. OF INTERIOR -- 08/08/2001

We have jurisdiction pursuant to 28 U.S.C.
613 OPINION/ORDER
The City allowed public expression on Main Street before it was sold. Main Street was sold to enable the Church to build a Plaza. The Plaza's objective attributes and primary purpose are different from the former Main Street. The entrances are marked by large planters. The Plaza's stated
purpose is to act as an ecclesiastical park. The property was valued at $8.124 million without reduction for the value of the easement. After the Plaza was built. Holding that the easement was a public forum upon which content based restrictions on speech could not be enforced. The settlement agreement and amended deed specifically stated:
613 UNIVERSITY OF GREAT FALLS V. NLRB

In
support of petitioner.
613 99-6271 -- PRYOR V. COATS -- 02/09/2000

The case is therefore ordered submitted without oral argument.

Plaintiff Jack I. The court determined that defendant was entitled to qualified immunity with respect to plaintiff's claims. We have jurisdiction pursuant to 28 U.S.C.

613 OPINION/ORDER
With him on the brief were James D. With him on the brief were Arthur F. Strom were on the brief for intervenor. The University argues that it is exempt from NLRB jurisdiction under the doctrine of NLRB v. Concluded that the University did not
600 BOWN V. GWINNETT COUNTY SCH. DIST.

This document was created from RTF source by rtftohtml version 2.7.5 > Bown v. Conduct a brief period of quiet reflection for not more than 60 seconds with the participation of all the pupils therein assembled.<p> <p> (b) The moment of quiet reflection authorized by subsection (a) of this Code section is not intended to be and shall not be conducted as a religious service or exercise but shall be considered as an opportunity for a moment of silent reflection on the anticipated activities of the day.<p> <p> (c) The provisions of subsections (a) and (b) of this Code section shall not prevent student initiated voluntary school prayers at schools or school related events which are nonsectarian and nonproselytizing in nature.<p> <p> O.C.G.A. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=06-4057.wpd">OPINION/ORDER</A><BR> These matters are before the court on two separate petitions for rehearing. The petitions were filed separately and correspond to the two opinions issued in these appeals on April 17. The requests for panel rehearing are denied by the original panel which decided these cases. The en banc petitions were transmitted to all of the judges of the court who are in regular active service. A poll was requested. The decisions of the panel will stand. The en banc requests are denied. Judges Lucero and McConnell have filed dissents to the denial. They are attached and incorporated in this order. That response is also incorporated in this order. Because the panel's opinion will leave our circuit unnecessarily entangled in future review of time. It is important to distinguish between transitory and permanent speech. Not unlike most public parks in America in which permanent monuments have been placed. The government must have exercised some control over the form and content of the speech before the fact. 1141 43 (10th Cir. 2001) (holding sign was government speech where the city had </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/dc/opinions/00opinions/00-5070a.html">AUGUSTINE DAVID HENDERSON V. ROGER KENNEDY<BR></A><BR> Argued the cause for appellees.<span style= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//may97/95-9595.man.html">BOWN V. GWINNETT COUNTY SCH. DIST.<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Bown v. Conduct a brief period of quiet reflection for not more than 60 seconds with the participation of all the pupils therein assembled.<p> <p> (b) The moment of quiet reflection authorized by subsection (a) of this Code section is not intended to be and shall not be conducted as a religious service or exercise but shall be considered as an opportunity for a moment of silent reflection on the anticipated activities of the day.<p> <p> (c) The provisions of subsections (a) and (b) of this Code section shall not prevent student initiated voluntary school prayers at schools or school related events which are nonsectarian and nonproselytizing in nature.<p> <p> O.C.G.A. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200415152.pdf">OPINION/ORDER</A><BR> I. Brunskill is a Native American that practices the Tobacco Indian religion. It is against his religious belief to cut or allow another to cut or touch his hair except in the case of the loss of a loved one. Brunskill is required to cut his hair. He indicated that these materials were necessary for the practice of his religion. Are unconstitutional prior restraints on the exercise of his religion. He contends that non Indians </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/02/02-3572.PDF">OPINION/ORDER</A><BR> The district court held that RLUIPA was a constitutional exercise of Congress' power under the Spending Clause and that it did not violate the Tenth Amendment or the First Amendment's Establishment Clause. BACKGROUND Charles is a practicing Muslim inmate at the Oshkosh Correctional Institute. Managed by the correctional institution in which the inmate is being held. Though other kinds of fragrant body oils and lotions were made available to inmates. None of which was directed to religious programs. These procedures are designed to ensure that the requested item is permissible. Unless the government demonstrates that imposition of the burden on that person (1) is in furtherance of a compelling governmental interest. (2) is the least restrictive means of furthering that compelling governmental interest. 42 U.S.C. § 2000cc 1(a) (2000). Congress invoked the Spending and Commerce Clauses and hinged the applicability of RLUIPA on whether: </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Oct1999/985061.txt">OPINION/ORDER</A><BR> Impermissibly restricted Z.H.'s freedom of expression while he was a student in kindergarten and first grade. She also contends that the defendants' actions were so hostile toward religion as to violate the Establishment Clause. We will affirm. I. BACKGROUND Because we are reviewing the District Court's Rule 12(c) judgment on the pleadings. The following facts are affirmatively alleged in the complaint. This case arises from two incidents that occurred while Z.H. was a student at the Haines Elementary School in Medford. The first incident occurred while Z.H. was a kindergarten student. Z.H.'s teacher asked the students to make posters depicting what they were </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/common/opinions/200106/00-5070a.txt">OPINION/ORDER</A><BR> With her on the brief were Wilma A. Attorney at the time the brief was filed. Circuit Judge: Plaintiffs Henderson and Phillips allege that they are evangelical Christians. Buttons and bumper stickers </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/051077np.pdf">OPINION/ORDER</A><BR> We will remand the case for further proceedings in accordance with this opinion. The motion for a stay of removal was granted. The motion for a stay of the voluntary departure period was referred to the merits panel. We conclude that this court does not have jurisdiction to extend or reinstate or stay the voluntary departure period. Again Chinese people and businesses were attacked. Who represent approximately 3 percent of the population by far the largest nonindigenous minority group historically have played a major role in the economy. The Megawati government has failed to pursue the 1999 recommendations of the joint fact finding team (TGPF) that was commissioned to investigate the 1998 attacks. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/04a0171p-06.pdf">OPINION/ORDER</A><BR> Whose motto is </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1999/07/98-1272.htm">98-1272 -- MAKIN V. COLORADO DEPT. OF CORRECTIONS -- 07/12/1999<BR></A><BR> Makin was incarcerated under the jurisdiction of the Colorado Department of Corrections. He is a follower of Islam. Critical to the observance of Ramadan is the requirement that Muslims fast between dawn and sunset each day. Sullivan was the deputy director of operations for the Department of Corrections. Johnson was the superintendent of the Colorado Territorial Correctional Facility and Mr. Makin does not cross appeal the district court's conclusion there was no violation in 1994. We focus only on activities relating to Ramadan in 1993. <p> As part of the settlement agreement resolving a lawsuit alleging that the Department of Corrections was inattentive to the needs of its Muslim inmates. Imam Kharrubi worked with food service and security personnel to arrange for provision of timely and nutritional meals to Muslim inmates participating in Ramadan that is. Meals provided between sunset and dawn that were nutritionally equivalent to the three meals provided each day at the regular times. 1993 memo to the kitchen staff at the Territorial Correctional Facility explained meal procedures to be generally followed during Ramadan that year: <p> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/5E8062E92D0210668825734D007E25AA/$file/0555852.pdf?openelement">OPINION/ORDER</A><BR> ** District Judge. *Dirk Kempthorne is substituted for his predecessor Gail Norton as Secretary of the Department of the Interior. Dennis Schramm is substituted for his predecessor Mary Martin as the Superintendent of the Mojave National Preserve. Including the land where the cross is situated violates the Establishment Clause of the United States Constitution. Congress enacted a statute directing that the land on which the cross is situated be transferred to a private organization in exchange for a parcel of privately owned land located elsewhere in the Preserve. That land exchange is already in progress and would leave a little donut hole of land with a cross in the midst of a vast federal preserve. The issue we address today is whether the land exchange violates the district court's permanent injunction. BACKGROUND1 1 Further background detail is found in the district court's order and our prior opinion on the merits of the Establishment Clause challenge. Both the BLM and the NPS are federal agencies under the Department of the Interior ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19939345.OPA.pdf">OPINION/ORDER</A><BR> Senior Circuit Judge: The appellant Robin Joy Shahar is a homosexual female who was offered employment with the Department of Law of the State of Georgia to begin at a future date. The court unanimously agrees to affirm the conclusion of the district court that Shahar's right of intimate association was burdened. That the district court erred in applying a balancing test to determine whether Shahar's rights under the Constitution were violated and that the case must be remanded to the district court for it to consider these issues under a strict scrutiny standard.1 The court affirms the summary judgment for the Attorney General on Shahar's free expression and equal protection claims for reasons set out by Judges Kravitch and Morgan in their separate opinions. Shahar's claim of violation of substantive due process is not substantially presented on appeal. Worked as a law clerk in the Department of Law during the summer of 1990. clerkship she told other clerks that she was a lesbian. Then that issue would have to be addressed. 1 Shahar was working. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/3DF6F4B472111BB088256CBF0003C664/$file/0230008.pdf?openelement">OPINION/ORDER</A><BR> Is spending two years in prison for violating the Bald and Golden Eagle Protection Act (BGEPA). Antoine is a member of the Cowichan Band of the Salish Indian Tribe in British Columbia. Antoine claims that these exchanges are part of the native custom of </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/043094p.pdf">OPINION/ORDER</A><BR> Ruslan Ivanovich Ilchuk ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/05/05/033457P.pdf">OPINION/ORDER</A><BR> Al Zubaidy claims he was discharged and harassed based on his race. Al Zubaidy also asserts he was subjected to unlawful retaliation. BACKGROUND Al Zubaidy is a male Shiite Muslim of Iraqi descent serving a prison sentence for first degree assault. TEK is a private corporation with a manufacturing facility in Fremont. Who are not inmates or Penitentiary employees. Prison guards are present at all times in TEK's workplace. Unger is TEK's Production Manager at the facility located at the Penitentiary. AlZubaidy's direct supervisor was Unger. Al Zubaidy acknowledges TEK's work space at the Penitentiary is loud. Al Zubaidy jokingly told another employee TEK was going to serve </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/4CB220513C76DEEF882571A9007D3CA7/$file/0473295.pdf?openelement">OPINION/ORDER</A><BR> Zehatye's Arrival in the United States Zehatye is a native and citizen of Eritrea. Explaining that she was a Jehovah's Witness and feared being </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/10circuit/jan96/95-1033.html">GAYLOR V. UNITED STATES<BR></A><BR> We do not feel compelled to resolve that question here because the facts in this case are insufficient to support the Foundation's claims under either a de novo or a clearly erroneous standard. A statute must (1) have a secular legislative purpose. (2) have a primary effect that neither advances nor inhibits religion. The statutes establishing the national motto and directing its reproduction on U.S. currency clearly have a secular purpose. The motto's primary effect is not to advance religion. It is a form of </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=05-4604_018.pdf">OPINION/ORDER</A><BR> 2006* * This opinion is being released initially in typescript form. This matter is before the court on the motion of the appellant for a stay pending his appeal to this court. The underlying action was brought by four Indiana taxpayers against the Speaker of the Indiana House of Representatives. The district court issued a declaratory judgment that Indiana's practice is unconstitutional and permanently enjoined the Speaker from permitting further sectarian prayer at the beginning of House meetings. The plaintiffs have responded to the motion for a stay. The matter is therefore ready for resolution. We have departed from our usual practice of deciding preliminary matters such as this one by a short order and have elected to set forth our views in more plenary fashion. The tentative nature of our analysis at this very early point in the litigation will be plain to all. I BACKGROUND Nos. 05 4604 & 05 4781 Page 3 The facts in this case are not disputed. Usually delivered by a cleric from an Indiana community who is sponsored by a state representative. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/062120np.pdf">OPINION/ORDER</A><BR> We will dismiss Bekhit's petition in part and deny it in part. I Petitioner is a twenty nine year old male citizen of Egypt. Petitioner stated that he had been persecuted in Egypt because he was a Coptic Christian. He said that Children of lottery winners who are derivative beneficiaries must accompany or follow the principal beneficiary. The branch of Christianity of which Bekhit claims to be a member. 2 2 1 a high school teacher had given him failing grades on tests because he was a Christian. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Feb2001/994081.txt">OPINION/ORDER</A><BR> Concluding that the policy prohibited no more speech than was already unlawful under federal and state anti discrimination laws. Held that the policy is constitutional and enter ed judgment for the school district. The full text of the Policy is reproduced in the Appendix to this opinion. We will briefly review the most relevant portions here. Nurturing school environment </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/1998F0C54D1522E488256E5A00707D5F/$file/0070429.pdf?openelement">OPINION/ORDER</A><BR> Denied Popova's petition because she failed to establish that this treatment was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/00a0199p-06.pdf">OPINION/ORDER</A><BR> The evidence shows that the College president had a list of available positions she offered to help Hall obtain if Hall would have agreed to resign her position as a Student Services Specialist. Hall declined this reasonable accommodation and was terminated. The judgment of the district court granting defendant's motion for summary judgment is AFFIRMED. I. Baptist Memorial Health Care Corporation ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/0D1EC2F0EAE243B288256F0200589D7A/$file/0315423.pdf?openelement">OPINION/ORDER</A><BR> We have jurisdiction under 28 U.S.C. § 1291. Who is Cholla's sole shareholder. The Arizona Department of Transportation (ADOT) granted a commercial source numThe background is drawn primarily from the complaint. Woodruff Butte was declared eligible for listing on the NRHP in or around 1990. The federal defendants were dismissed by the parties' joint stipulation. The state officials are the only remaining defendants in the case. 2 CHOLLA READY MIX v. The court is not required to accept legal conclusions cast in the form of factual allegations if those conclusions cannot reasonably be drawn from the facts alleged. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/dec95/93-9345.opa.html">SHAHAR V. BOWERS<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Shahar v. Senior Circuit Judge:<p> <p> The appellant Robin Joy Shahar is a homosexual female who was offered employment with the Department of Law of the State of Georgia to begin at a future date. The district court denied plaintiff's motion for summary judgment and granted defendant's motion for summary judgment.<p> The court unanimously agrees to affirm the conclusion of the district court that Shahar's right of intimate association was burdened. That the district court erred in applying a balancing test to determine whether Shahar's rights under the Constitution were violated and that the case must be remanded to the district court for it to consider these issues under a strict scrutiny standard.<a href= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=05-4604_020.pdf">OPINION/ORDER</A><BR> This matter is before the court on the motion of the appellant for a stay pending his appeal to this OE This opinion was released initially in typescript form. 2 Nos. 05 4604 & 05 4781 court. The underlying action was brought by four Indiana taxpayers against the Speaker of the Indiana House of Representatives. The district court issued a declaratory judgment that Indiana's practice is unconstitutional and permanently enjoined the Speaker from permitting further sectarian prayer at the beginning of House meetings. The plaintiffs have responded to the motion for a stay. The matter is therefore ready for resolution. We have departed from our usual practice of deciding preliminary matters such as this one by a short order and have elected to set forth our views in more plenary fashion. The tentative nature of our analysis at this very early point in the litigation will be plain to all. I BACKGROUND The facts in this case are not disputed. Usually delivered by a cleric from an Indiana community who is sponsored by a state representative. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/oct2000/97-6898.ma2.html">CHANDLER V. SIEGELMAN (10/19/2000, NO. 97-6898)<BR></A><BR> Remanded the case to us for further consideration in light of </SPAN><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//dec95/93-9345.opa.html">SHAHAR V. BOWERS<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Shahar v. Senior Circuit Judge:<p> <p> The appellant Robin Joy Shahar is a homosexual female who was offered employment with the Department of Law of the State of Georgia to begin at a future date. The district court denied plaintiff's motion for summary judgment and granted defendant's motion for summary judgment.<p> The court unanimously agrees to affirm the conclusion of the district court that Shahar's right of intimate association was burdened. That the district court erred in applying a balancing test to determine whether Shahar's rights under the Constitution were violated and that the case must be remanded to the district court for it to consider these issues under a strict scrutiny standard.<a href= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19944663.OP.pdf">OPINION/ORDER</A><BR> Counsel was appointed. The plaintiff class represented by Lawson (hereinafter </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/FE2EF21DFFB8B02888256E3E0061EB6E/$file/0272311.pdf?openelement">OPINION/ORDER</A><BR> Petitioners argue that (1) the IJ's determination that they did not suffer past persecution is not supported by substantial evidence in the record. Because Petitioners were placed in deportation proceedings before April 1. This case is governed by the transitional rules of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2002/07/01-4022.htm">01-4022 -- SUMMUM V. CITY OF OGDEN -- 07/19/2002<BR></A><BR> The Ten Commandments Monument is just under five feet tall and three feet wide. The Monument bears an inscription of a version of the Ten Commandments: <p> I AM the LORD thy God. <p> Thou shalt have no other gods before me. <p> Thou shalt not make to thyself any graven images. <p> Thou shalt not take the name of the Lord thy God in vain. <p> Remember the Sabbath day. Nor anything that is thy neighbor's. <p> Aples' App. at 87. By Utah State Aerie Fraternal Order of Eagles 1966. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/BE7C1893B2CCA10088256B12005F87C1/$file/0070429.pdf?openelement">OPINION/ORDER</A><BR> Denied Popova's petition because she failed to establish that this treatment was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//oct2000/97-6898.ma2.html">CHANDLER V. SIEGELMAN (10/19/2000, NO. 97-6898)<BR></A><BR> Remanded the case to us for further consideration in light of </SPAN><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/00/09/992986P.pdf">OPINION/ORDER</A><BR> This case was brought by forty seven individuals seeking declaratory and injunctive relief against the State of Minnesota. State funds have been used for these abortions since the Minnesota Supreme Court overturned a state statutory scheme which authorized state spending on medical services related to childbirth but prohibited it for therapeutic abortions. Several amicus briefs have been submitted in support.2 Because the appellants have not established standing. The federal court is without jurisdiction to reach the merits of the issues raised in their complaint. I. Many issues relating to the provision of abortion services have been legislated and litigated since the Supreme Court recognized a constitutional right to abortion in Roe v. A number have related to the use of public funds for abortions. This federal policy is commonly known as the Hyde Amendment after its original sponsor. It is effected by means of an amendment to the annual appropriations bill for the Department of Health and Human Services or by a joint resolution. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/032917p.pdf">OPINION/ORDER</A><BR> Fiadjoe was seven years of age. Fiadjoe was held as a slave of her father. Fiadjoe sought asylum and other relief on the ground that if she were returned to Ghana she. A consequence that Ghanian government authorities were unable or unwilling to prevent. Fiadjoe's testimony was not credible. Fiadjoe failed to establish that the government of Ghana was either unwilling or unable to control her father's sexual abuse. We conclude that these findings are not supported by reasonable. We will grant the petition and remand the case for a new hearing and development of the record before a different IJ. She is a member of the Ewe tribe and a native and citizen of Ghana. She was detained as an arriving alien and interviewed. Fiadjoe conceded that she was removable under §212(a)(7)(A)(i)(I) of the INA for being an intending immigrant not in possession of a valid visa or other entry document. Held an evidentiary hearing on April The enforcement functions of the INS have since been transferred to the Department of Homeland Security. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19944663.MA2.pdf">OPINION/ORDER</A><BR> Counsel was appointed. A class The plaintiff class represented by Lawson (hereinafter </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/2E5F3A673466BE058825734D0052AF1C/$file/0399010.pdf?openelement">OPINION/ORDER</A><BR> The jury unanimously returned a recommendation of a sentence of death as to each of the two victims who were murdered. They were picked up by a trucker who took them part of the way. It is a 35 minute drive that the two made in Slim's pewter colored double cab Sierra GMC pickup truck. Denison was unable to assist her. That is the last time they were seen alive. Slim and Jane were in front. Her body was pulled onto the rear seat. Jane was put next to her. Slim's body was dragged out. Jane was ordered out of the truck and told by Mitchell </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/4F3AFBBA7C4018C388256E8C005AADA8/$file/0171407.pdf?openelement">OPINION/ORDER</A><BR> 2003 is AMENDED as follows: 1. The text of the footnote reads: 11 There is no need to remand to the BIA under INS v. The INS represented that: </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=05-2530_019.pdf">OPINION/ORDER</A><BR> Boctor testified at his immigration hearing that he was repeatedly threatened with beheading and twice was violently attacked and beaten for refusing to disclose the whereabouts of a fellow Coptic Christian and his wife. Because the agency's determination that Boctor was not persecuted because of his religion is not supported by substantial evidence. I. Background Boctor was born in Cairo. Boctor conceded removability and an IJ heard the merits of Boctor's claims at a hearing at which Boctor was the only witness. Boctor is a member of the Coptic Orthodox Christian Church and is readily identifiable as a Copt because of his first name (John or Yohanna) and a crucifix tattoo on his right wrist. As was customary for children in his Coptic community in Egypt. Boctor's efforts were unsuccessful. Boctor believed the callers were part of the same group of Muslim extremists that had been menacing the Mousas. Boctor was attacked by three men. Beating them and demanding to know where the Mousas were hiding. Boctor left Egypt for the United States. 4 No. 05 2530 Boctor testified that he fears returning to Egypt because </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/jan96/92-4773.man.html">UNITED STATES V. BEASLEY<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>United States v. Five codefendants were also charged with a substantive RICO count under 18 U.S.C. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=06-1333_013.pdf">OPINION/ORDER</A><BR> Seventh day Adventists from Romania who are married. An Immigration Judge ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/996398F506EE119C88256D5F00830B55/$file/0171407.pdf?openelement">OPINION/ORDER</A><BR> We grant the petition and hold that Baballah and his family are eligible for asylum and entitled to withholding of removal. I. Abrahim Baballah is an Israeli Arab.1 Baballah's parents Because Baballah was found credible and his testimony is thus accepted as undisputed. The facts recounted here are derived from his testimony. ASHCROFT were the only Jew and Muslim to marry in his hometown of Aka. He was called </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/AFCD893AD616E7E488256F470054EEF4/$file/0370930.pdf?openelement">OPINION/ORDER</A><BR> We have jurisdiction under 8 U.S.C. § 1252(a)(1). Zhang contends that the evidence compels a finding that it is more likely than not that he will be persecuted if returned to China based on his practice of Falun Gong. I. BACKGROUND Zhang was born in 1962 in Tianjin. Zhang's wife was forced to undergo an abortion in 1988 under China's one child policy. Zhang testified that his wife's abortion was not related to his decision to leave China in 1996. Which is part of the administrative record. Zhang stated that the basic principles of Falun Gong are truthfulness. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//oct2001/99-13730.opn.html">WARNER, MIRIAM WARNER V. CITY OF BOCA RATON (10/1/2001, NO. 99-13730)<BR></A><BR> We will ask the Florida Supreme Court for some advice about Florida law. Because it is possible that after we hear from the Florida Supreme Court. We will determine that the City's regulations violate state law and will have no reason to reach the federal questions. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/02/02-3172.PDF">OPINION/ORDER</A><BR> Were citizens of Bar. As a visitor using a passport and visa The Attorney General has been substituted for the Immigration and Naturalization Service. 1 2 No. 02 3172 he later admitted were fraudulent. Which was eventually denied by the INS on February 15. Elvis Capric were placed in deportation proceedings for remaining in the United States beyond their authorized periods of stay. 8 U.S.C. § 1251(a)(1)(C)(I) (Supp. Capric was also placed in deportation proceedings for having procured entry into the United States by fraud or by wilfully misrepresenting a material fact. 8 U.S.C. § 1251(a)(1)(A). This second asylum application was not actually filed until a hearing on July 18. His wife and sons were included in that application.2 Two hearings were held on Capric's asylum application. We will refer to the singular Petitioner or Capric to describe all of the Petitioners as well as Mr. The substantive outcome of Capric's claims is determinative for all Petitioners. 8 U.S.C. §§ 1153(d). Was conducted in English at the suggestion of Capric's counsel. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//may97/96-6238.opa.html">KILLINGER V. SAMFORD UNIV.<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Killinger v. Killinger is a professor. Defendant Samford University ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//may97/93-9345.op2.html">SHAHAR V. BOWERS<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Shahar v. 90 L.Ed.2d 735 (1986) (plurality opinion) ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=04-1475.01A">OPINION/ORDER</A><BR> With whom <SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/may97/93-9345.op2.html">SHAHAR V. BOWERS<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Shahar v. 90 L.Ed.2d 735 (1986) (plurality opinion) ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//jan96/92-4773.man.html">UNITED STATES V. BEASLEY<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>United States v. Five codefendants were also charged with a substantive RICO count under 18 U.S.C. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/oct2001/99-13730.opn.html">WARNER, MIRIAM WARNER V. CITY OF BOCA RATON (10/1/2001, NO. 99-13730)<BR></A><BR> We will ask the Florida Supreme Court for some advice about Florida law. Because it is possible that after we hear from the Florida Supreme Court. We will determine that the City's regulations violate state law and will have no reason to reach the federal questions. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/may97/96-6238.opa.html">KILLINGER V. SAMFORD UNIV.<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Killinger v. Killinger is a professor. Defendant Samford University ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/May2003/021812p.pdf">OPINION/ORDER</A><BR> We will deny the Petition for Review on some claims and remand to the BIA on other claims for further proceedings consistent with this opinion. 3 II. FACTS AND PROCEDURAL HISTORY Lukwago is a native and citizen of Uganda. When he was 15 years old. Lukwago stayed in a tent with other kidnapped children where they were guarded by armed rebels. Both adults and children were held captive at the camp. 342 (9th Cir. 1994) ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/97/07/964286P.pdf">OPINION/ORDER</A><BR> Under the agreement the livestock production specialist working with United was to be an employee of Farmland. United was to pay a significant portion of the person's salary. United wanted Farmland to assign someone to the job who was knowledgeable about the business. Farmland did not have a livestock production specialist to assign to United so it sought to hire one for the position. Farmland was impressed with Vetter's experience and scheduled an employment interview with him. Vetter was told during the interview that the job would require him to live in the Webster City area and Vetter expressed a willingness to move there. Vetter testified on the other hand that he was told that he had to relocate. Which is about forty miles from Webster City. United reiterated its need to have the specialist live in the Webster City area. Glecker then told Vetter that Ames was too far from Webster City. There was testimony at trial that just before the employment papers were completed. Vetter testified that he knew that Farmland wanted him to move to the Webster City area but that he 2 personally had not been told directly that this was company policy.2 Vetter accepted the job and moved to a room in Webster City. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/July2003/023897p.pdf">OPINION/ORDER</A><BR> Such that the EAA's limited open forum mandates were not triggered. 1 we conclude that her request for injunctive and declaratory relief is moot. The opening briefs were filed and oral argument took place while she was still a student. During which time she was referred to as such. We will do the same. 4 justify PAHS's preventing the Bible club from meeting during the activity period. Punxsutawney Area High School (PAHS) is a Punxsutawney Area School District public secondary school that receives federal financial assistance. Students have free reign in a closed universe. Each club must have a faculty sponsor who monitors but is not required to participate actively in club meetings. Noncurriculum related groups that meet during the activity period are the ski club. Appellant Melissa Donovan is a PAHS senior who leads a Bible club known as FISH. Former PAHS Principal Allen Towns and current PAHS Principal David 5 London have stipulated that FISH may not meet during the activity period due to the club's religious ties. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/10circuit/oct95/94-6237.wpd.html">ROBINSON V. CITY OF EDMOND<BR></A><BR> BACKGROUND At issue in this case is the official seal of the City of Edmond. The seal was first adopted in 1965 following a competition sponsored by the City Council and a local newspaper. Plaintiffs are non Christians who live or work in Edmond. Feldman is a Jew who lives in Edmond. Miller is a member of the Unitarian Congregation who lives and is self employed in Edmond. Battles is a member of the Unitarian Congregation who lives in Edmond. Robinson is the minister of the Channing Unitarian Church in Edmond. The mayor and City Council members were sued in both their official and individual capacities. Is an appellant in No. 95 6008. Was unavailable for trial and her claim was dismissed by the district court. She has therefore joined appeal No. 95 6008 challenging those fees and costs. (2) The Old North Tower is a well known local landmark of what is now the University of Central Oklahoma. It is where the first higher education classes were conducted in the Oklahoma Territory. (3) The significance of the covered wagon and the number 1889 is that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=03-1211.01A">OPINION/ORDER</A><BR> PA</SPAN> was on brief for appellants.</SPAN> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/10circuit/oct96/93-2315.wpd.html">CITY OF ALBUQUERQUE V. BROWNER<BR></A><BR> Muys of Will & Muys. 101 Stat. 76 (codified at 33 U.S.C. 1251 1387). (2) The other two critical elements to tribal sovereignty are land and mineral rights. (3) See Amicus Curiae Br. of the New Mexico Municipal League in Support of Appellant City of Albuquerque. One measure is an </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/FCBC8852737F7208882571B100812DBF/$file/0274417.pdf?openelement">OPINION/ORDER</A><BR> Gonzales is substituted for his predecessor. Is withdrawn. GONZALES 8047 All pending Petitions for Panel Rehearing and for Rehearing En Banc are denied as moot. We have jurisdiction pursuant to 8 U.S.C. § 1252. Was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2003/11/02-5009.htm">02-5009 -- HAMMONS V. SAFFLE -- 11/13/2003<BR></A><BR> Hammons is incarcerated at the Dick Conner Correctional Center in Hominy. 1983 seeking a declaratory judgment that his First Amendment right to freely exercise his religion was violated. That Hammons' First Amendment rights were not violated and that defendant Saffle was entitled to qualified immunity. Hammons appealed and was appointed counsel on appeal. <p> Exercising jurisdiction pursuant to 28 U.S.C. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1997/11/96-4191a.htm">96-4191A -- SUMMUM V. CALLAGHAN -- 11/28/1997<BR></A><BR> In the first line of the slip opinion there is a typographical error. We reverse and remand for further proceedings. <p align= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/062520np.pdf">OPINION/ORDER</A><BR> Chen failed to demonstrate that he had been subjected to past persecution because Chinese Government officers arrested and beat him based on a disgruntled co worker's report that he was spreading a Christian cult at his workplace. Chen's own testimony was sufficient to overcome the presumption that he had a well founded fear of persecution. That there was a clear probability that he would be subjected to future persecution. It also concluded that he would not be subjected to torture if he were to return to China. We will affirm because we conclude that the substantial evidence supports the BIA's conclusion and does not compel a contrary one. Chen is a citizen of the People's Republic of China. He was born on February 4. He was baptized as a Christian on July 15. He began attending this church with his grandmother when he was young. 2002 [he] was arrested by the police because of [his] belief in religion. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=05-9539.wpd">OPINION/ORDER</A><BR> Bastian is appealing the decision of the Immigration Judge (IJ) denying his application for asylum based on his Chinese ethnicity and his (1) After examining the briefs and appellate record. The case is therefore ordered submitted without oral argument. This order and judgment is not binding precedent. Whichever is later. 8 C.F.R. 208.4(a)(2)(ii). An asylum application that is filed outside of the one year limitations period may. We </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/EAFE7E5C4FE18386882570C90083D2DF/$file/0274417.pdf?openelement">OPINION/ORDER</A><BR> Gonzales is substituted for his predecessor. We have jurisdiction pursuant to 8 U.S.C. § 1252. Was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/May2003/014477p.pdf">OPINION/ORDER</A><BR> We are primarily presented with the question whether the BIA improperly deviated from its existing interpretation of the Immigration and Naturalization Act's ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/docs/common/opinions/200306/02-5307a.pdf">OPINION/ORDER</A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/04/04/032497P.pdf">OPINION/ORDER</A><BR> This is the White Aryan People's Party. We are going to take over the planet. We will burn down your synagogue this coming week. This is not a threat. This week the (unintelligible) synagogue is going up in smoke and dynamite. Corum was subsequently indicted by a federal grand jury for six violations of federal law. That 18 U.S.C. § 844(e) as applied to him was unconstitutional. The district court concluded Sections 247 and 844(e) were constitutional. Corum moved for a judgment of acquittal on the grounds the evidence presented at trial was insufficient to satisfy the interstate commerce elements of the Church Arson Prevention Act and18 U.S.C. §844(e). Corum asserted the Church Arson Prevention Act and Section 844(e) were unconstitutional. The government had failed to meet its burden of proving beyond a reasonable doubt that the offenses were in or affected interstate commerce. The threats were not conveyed through an instrumentality of interstate commerce. Added the government was not required to prove The Honorable Franklin L. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1997/11/96-4191.htm">96-4191 -- SUMMUM V. CALLAGHAN -- 11/28/1997<BR></A><BR> We reverse and remand for further proceedings. <p align= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/FD89E0111BECD15888256D8E005A3A94/$file/0230079.pdf?openelement">OPINION/ORDER</A><BR> Were socializing at Pioneer Park. When approximately nine white supremacists who were </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/97/06/952708P.pdf">OPINION/ORDER</A><BR> I. Weir is a practicing fundamentalist Christian and. Weir is a member of a particular sect of fundamentalists that believes in the doctrine of </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=05-3228_021.pdf">OPINION/ORDER</A><BR> Who was then a part time instructor of cosmetology at Carl Sandburg College. The student was offended and complained to college officials. Whose offense was to clean out Piggee's refrigera 2 No. 05 3228 tor and throw away her noodles at some point during the spring of 2003) under 42 U.S.C. § 1983. That the college's sexual harassment policy was constitutionally infirm. Noting that none of the facts was seriously in dispute. I Carl Sandburg College ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/7D6F0511D7C0026A88256D2000562D0C/$file/0035999.pdf?openelement">OPINION/ORDER</A><BR> ORDER Raad's petition for rehearing is denied. Fairbanks North Star Borough School District's petition for rehearing is granted to clarify the opinion to the following extent: At slip op. page 4382. Is reversed. The district court's grant of summary judgment to the District on Raad's retaliation claim based on her complaints to the EEO counselor is affirmed. The case is remanded for further proceedings consistent with this opinion. Instead alleges that the report to the police was fraudulently made because Raad is a Muslim of Lebanese descent. Raad was suspended RAAD v. Many of these facts are. With area high school principal Andre Layral and was awarded the highest possible rating by the team of principals who interviewed her (i.e. There is no evidence in the summary judgment record that Raad's accent ever interfered with her performance while she served either as a substitute teacher or as a temporary full time teacher in 199293. Raad received numerous requests from full time District teachers that she serve as a substitute teacher in their classes when they were absent. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/06/06/042894P.pdf">OPINION/ORDER</A><BR> This opinion is being filed by the remaining judges of the panel pursuant to 8th Cir. I. Woldemichael was the only witness who testified at the hearing. Where many Eritreans were living to avoid the growing conflict between Ethiopians and Eritreans. Where Woldemichael worked as a housekeeper until her son was born in 1993. Ultimately obtained a divorce from the Eritrean embassy because Woldemichael was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/019004p.pdf">OPINION/ORDER</A><BR> Circuit Judge: Antuan Bronshtein was convicted in a Pennsylvania court for first degree murder and sentenced to death. The District Court found merit in some but not all of Bronshtein's claims and ordered that a writ of habeas corpus be granted unless Bronshtein was retried within a specified time. Antuan Bronshtein was tried in the Court of Common Pleas of Montgomery County on charges stemming from the robbery and shooting death of Alexander Gutman. These prints were later identified as Bronshtein's. He was convicted for that offense. Bronshtein admitted that he was acquainted with him and that he knew that he owned a jewelry store. He and Bronshtein were riding in Bronshtein's car on Roosevelt Boulevard in Philadelphia when Bronshtein said that he had killed a man in a jewelry store </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDAzLTQwNzUwX29wbi5wZGY=/03-40750_opn.pdf">OPINION/ORDER</A><BR> Gonzales is automatically substituted for former Attorney General John Ashcroft as the respondent in this case. 1 Decided: March 21. Circuit Judge: This case calls upon us to decide whether a certain degree of doctrinal knowledge of an asylum applicant's claimed religion is necessarily a prerequisite for asylum eligibility on grounds of religious persecution. Rizal argues that the IJ's determination that he had failed to sustain his burden of proof to qualify for asylum or withholding of deportation was not supported by substantial evidence. The IJ appears to have erroneously viewed Rizal's lack of detailed doctrinal knowledge about Christianity as automatically rendering incredible his claim of religious persecution. It was not supported by substantial evidence. He stated that he had enrolled in a Christian high school in 1983 and was baptized as a Christian in 1984. There was an </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//sept96/95-6227.opa.html">FOY V. HOLSTON<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Foy v. Circuit Judge:<p> <p> The issue in this interlocutory appeal is whether certain Alabama officials are entitled to qualified immunity for their acts involving the Holyland. Because Plaintiffs have failed to demonstrate that a defendant violated clearly established federal law. We remand for further proceedings on claims which are not foreclosed by the granting of qualified immunity.<p> I. Facts<a href= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/99/10/982707P.pdf">OPINION/ORDER</A><BR> Rouse was convicted of second degree murder in Iowa and incarcerated there. He was transferred to the Minnesota Correctional Facility in Stillwater on March 31. Because some complaints were incomprehensible. Because it threatens prison security in the event an inmate is dissatisfied with a hired inmate's work product. Rouse indicated he was generally dissatisfied with his placement at Stillwater. While the transfer request was being processed. Rouse was transferred to the Iowa Department of Corrections on October 27. Benson's only involvement in the transfer was to sign the paperwork. Rouse was acting as a behind the scenes agitator. Whether these gatherings related to Native American spiritual practices or whether they were simply social. Security reasons prohibit inmates from congregating in the cell halls. 3 Lanz has continued to maintain that although Rouse claims to have drafted the initial complaint in an action brought by other inmates against prison officials entitled Chambers. Lanz was not aware of this lawsuit at the time the September 26. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/sept96/95-6227.opa.html">FOY V. HOLSTON<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Foy v. Circuit Judge:<p> <p> The issue in this interlocutory appeal is whether certain Alabama officials are entitled to qualified immunity for their acts involving the Holyland. Because Plaintiffs have failed to demonstrate that a defendant violated clearly established federal law. We remand for further proceedings on claims which are not foreclosed by the granting of qualified immunity.<p> I. Facts<a href= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/199910603.MAN.pdf">OPINION/ORDER</A><BR> Alleging he was retaliated against and constructively discharged in violation of Title VII of the Civil Rights Act of 1964. I. BACKGROUND Appellant is an ordained minister of the Christian Methodist Episcopal (CME) Church. CME Church is divided into ten Episcopal districts. Which is part of the Fifth Episcopal district. One of Appellant's co workers at the Mobile church was Veronica Little. Who also was employed as a minister. Appellant was reassigned to a church over 800 miles away from his home at a substantial reduction in salary. Appellant states that he could not comply with this reassignment and consequently was forced to resign. There is no question that the district court's grant of summary judgment would have been correct prior to 1990. Established that Title VII is not applicable to the employment relationship between a church and its ministers. Alleging she was discriminated against on the basis of sex and discharged because of her complaints regarding this alleged discrimination. That there is a long history of allowing churches to be free from state interference in matters of church governance. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2003/03/01-7103.htm">01-7103 -- ABDULHASEEB V. SAFFLE -- 03/27/2003<BR></A><BR> Circuit Judges. <p> <hr align= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/01/05/001168P.pdf">OPINION/ORDER</A><BR> Kenneth Yackly are employees of the Minnesota Department of Corrections assigned to the correctional facility in Shakopee. Which we will refer to as MCFS. They sought a declaratory judgment that their discipline was illegal and unconstitutional. We will hereafter refer to them collectively as </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/feb2000/99-10603.man.html">GELLINGTON V. CHRISTIAN METHODIST EPISCOPAL CHURCH (2/17/2000, NO. 99-10603)<BR></A><BR> Alleging he was retaliated against and constructively discharged in violation of Title VII of the Civil Rights Act of 1964. BACKGROUND</CENTER> </P> <P> Appellant is an ordained minister of the Christian Methodist Episcopal (CME) Church. CME Church is divided into ten Episcopal districts. Which is part of the Fifth Episcopal district. One of Appellant's co workers at the Mobile church was Veronica Little. Who also was employed as a minister. Appellant was reassigned to a church over 800 miles away from his home at a substantial reduction in salary. Appellant states that he could not comply with this reassignment and consequently was forced to resign.</P> <P> Appellant brought this action. 1285 (11th Cir.1997).</P> <P> There is no question that the district court's grant of summary judgment would have been correct prior to 1990. <EM>McClure v. Established that Title VII is not applicable to the employment relationship between a church and its ministers. <EM>See id.</EM> at 560.<A HREF= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/3B44E697564FA0F688256D2D006C038F/$file/0117518.pdf?openelement">OPINION/ORDER</A><BR> Permitted brochures are either made available for students to pick up or placed in teachers' in house mailboxes and then distributed by the teachers to their students. Material from community organizations or of a general nature that is not of a commercial. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/034106p.pdf">OPINION/ORDER</A><BR> Petition for review of an order of the Board of Immigration Appeals (BIA) denying their application for asylum and withholding of removal. 1 This case tracks a now familiar fact pattern: Lie is an Indonesian citizen who alleges that she and her husband were persecuted because they are ethnically Chinese and Christian. As is common in these cases. That she and her husband were robbed on Lie filed the application with the former Immigration and Naturalization Service (INS). We deem her appeal of the CAT claim to have been waived. 143 (3d Cir. 1993) (holding that absent </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/199910603.OPN.pdf">OPINION/ORDER</A><BR> Alleging he was retaliated against and constructively discharged in violation of Title VII of the Civil Rights Act of 1964. I. BACKGROUND Appellant is an ordained minister of the Christian Methodist Episcopal (CME) Church. CME Church is divided into ten Episcopal districts. Which is part of the Fifth Episcopal district. One of Appellant's co workers at the Mobile church was Veronica Little. Who also was employed as a minister. Appellant was reassigned to a church over 800 miles away from his home at a substantial reduction in salary. Appellant states that he could not comply with this reassignment and consequently was forced to resign. 1285 (11th Cir. 1997). 3 There is no question that the district court's grant of summary judgment would have been correct prior to 1990. Established that Title VII is not applicable to the employment relationship between a church and its ministers. Alleging she was discriminated against on the basis of sex and discharged because of her complaints regarding this alleged discrimination. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/971471.U.pdf">OPINION/ORDER</A><BR> Unpublished opinions are not binding precedent in this circuit. We hold that the school board has provided an adequate reason for its failure to rehire and that Lee has failed to create a triable dispute over whether that reason is pretextual. I. Lee was head coach of the men's basketball team since 1979 at Powell Valley High School. The parents complained that Lee was not devoting enough time or attention to the basketball program due to other pur2 suits such as work for a company named Amway and his own painting business. The parents also observed that the basketball team was unable to attend a camp in North Carolina because Lee had failed to submit a timely application. Dowdy told Graham that he believed Lee was distracted from coaching by a number of things and had lost the desire to coach. Who eventually was hired as the interim head coach for that year. The plaintiff then must prove that this justification is a mere pretext for an actual discriminatory motive. The school board advanced a legitimate nondiscriminatory justification for its decision not to rehire him Lee was spending too much time on outside activities and was not sufficiently dedicated to the Powell Valley basketball program. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/August2003/021665p.pdf">OPINION/ORDER</A><BR> Daniel Walz was a student in pre kindergarten in the spring of 1998. There was usually an exchange of small gifts. The children's parents were encouraged to donate gifts to the local Parent Teacher Organization. [our student body is] very diverse. Kids would see other kids doing it and feel they have to do it. Walz had purchased the pencils at a local store because she thought 3 the pencils were </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200415898.pdf">OPINION/ORDER</A><BR> Sitting by designation. 2 * The essential facts developed at trial are these. Use and development of land in unincorporated Broward County is regulated by the Broward County Zoning Code ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/962597.U.pdf">OPINION/ORDER</A><BR> Unpublished opinions are not binding precedent in this circuit. Goad surmised this emphasis was a result of Dr. Goad was the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/7ACE985610E84B3188256ED900685F91/$file/0235805.pdf?openelement">OPINION/ORDER</A><BR> WILL ACKLES. North Puget Sound Presbytery (together the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200611668.pdf">OPINION/ORDER</A><BR> PER CURIAM: The main issue presented in this petition for review is whether the Immigration Judge and the Board of Immigration Appeals (BIA) gave reasoned consideration to the application for asylum of Kakha Mezvrishvili. He requested asylum in the United States and was found to have a credible fear of persecution. Mezvrishvili and a group of Jehovah's Witnesses were on buses headed to a large meeting of Jehovah's Witnesses and were stopped by police in civilian clothes who broke the windows of the buses and beat and stoned individuals. The officers told Mezvrishvili that he was beaten because he was a Jehovah's Witness. The Immigration Judge found Mezvrishvili to be credible and to have described </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/01/01-3693.PDF">OPINION/ORDER</A><BR> Sargis is a seventy one year 1 During oral argument before this court. We find not to have been part of the administrative record. Counsel stated that revolutionary guards were stationed not only outside the church. Sargis nor her niece testified that guards were inside the church building. There was no testimony that the guards engaged in such activity. Sargis was forced to go to a mosque to receive her ration coupons. The testimony in the record was that government agents took the coupons at the stores and did not stop store owners from forcing Armenians to the back of the line (and may have done this themselves as well). There is no testimony in the record concerning where Ms. We understood counsel to say that there was a government sanctioned hierarchy of punishment for failing to adhere to the Islamic dress code: For the first offense. Sargis' niece was that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//feb2000/99-10603.man.html">GELLINGTON V. CHRISTIAN METHODIST EPISCOPAL CHURCH (2/17/2000, NO. 99-10603)<BR></A><BR> Alleging he was retaliated against and constructively discharged in violation of Title VII of the Civil Rights Act of 1964. BACKGROUND</CENTER> </P> <P> Appellant is an ordained minister of the Christian Methodist Episcopal (CME) Church. CME Church is divided into ten Episcopal districts. Which is part of the Fifth Episcopal district. One of Appellant's co workers at the Mobile church was Veronica Little. Who also was employed as a minister. Appellant was reassigned to a church over 800 miles away from his home at a substantial reduction in salary. Appellant states that he could not comply with this reassignment and consequently was forced to resign.</P> <P> Appellant brought this action. 1285 (11th Cir.1997).</P> <P> There is no question that the district court's grant of summary judgment would have been correct prior to 1990. <EM>McClure v. Established that Title VII is not applicable to the employment relationship between a church and its ministers. <EM>See id.</EM> at 560.<A HREF= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/02/02-3597.PDF">OPINION/ORDER</A><BR> She was born to a Christian family in Eritrea in 1974. At a time when it was a province of Ethiopia. When she was about 17 she moved with her family to Addis Ababa. They were married in the Kingdom Hall (the name the Witnesses give to their house of worship) 2 No. 02 3597 in Addis Ababa. His being a Jehovah's Witness in Saudi Arabia was awkward to say the least. Since under Islamic law it is a capital offense for a Muslim to convert to another religion. It is true that in Tesfu v. Muhur is not bound by findings of fact made in a case to which she was not a party. Ethiopia's Border with Eritrea Is Still Closed. Muhur is afraid that if she is returned to Ethiopia she will quickly be deported to Eritrea. Where he believes she would not be persecuted because she is not an </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/043710p.pdf">OPINION/ORDER</A><BR> At issue in this case is whether the statutory language </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//may96/94-4663.ma2_fn.html">OPINION/ORDER</A><BR> This document was created from RTF source by rtftohtml version 2.7.5 ></head><body><a name= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=06-9586.wpd">OPINION/ORDER</A><BR> The case is therefore ordered submitted without oral argument. This order and judgment is not binding precedent. He was placed in removal proceedings. Lamijan was raised as a Muslim but became interested in the Christian religion while attending the Indonesian Naval Academy. Because he protested that some of the military's actions and techniques were contrary to his principles. Petitioner was baptized with the first name of Jason. He did not have a first name. His name is shown in the caption as FNU LAMIJAN. The court will refer to petitioner as Mr. In the belief that he would have difficulties in obtaining a passport and visa as an unmarried military man. When the request was denied. Brothers were arrested at their home in East Java and interrogated in Jakarta about allegations of his selling state secrets. Lamijan is not entitled <hr> to asylum. Lamijan </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/F1D4C2285FE9C71388256A7E000000C2/$file/9871087.pdf?openelement">OPINION/ORDER</A><BR> Fletcher was drawn to replace him. I. The BIA's factual determinations are reviewed under the substantial evidence standard. We may reverse if the evidence is such that a reasonable factfinder would be compelled to conclude that a well founded fear of persecution has been established. Lal was a prominent member of the Fijian Labor Party. The Labor Party was successful in its 1987 electoral bid. Which was controlled by members of the native Fijian population. Lal was dragged from his 1 The application for asylum is based on Mr. Since the applications of both his wife and child are derivative of his claim. We will focus on Mr. He was placed in detention and held for three days by the army. Explaining that his treatment was in retaliation for his work on behalf of the Labor Party. Lal was stripped of his clothes. Urine was forced into his mouth. He was cut with knives and singed with burning cigarettes. He was deprived of food and water. Lal was in jail. Sometime after he was released from detention. Lal was forced to watch the assault at gunpoint. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/03/03-1550.PDF">OPINION/ORDER</A><BR> Alleges in a 62page complaint that state officials and prison staff are violating his civil rights by preventing him from practicing his religion and forcing him to participate in programs that violate his religious beliefs. Has managed to avoid accumulating three strikes on the basis of his numerous previous lawsuits (though this is something for the district judge to determine on remand). Barred him from bringing any future lawsuit unless he can show that he can afford to prosecute it or that he is in imminent danger of serious physical injury. It is an obscure religion. He sought to have the prison authorities acknowledge Wotanism as a religion. No. 03 1550 3 The district judge reviewed Lindell's prison trust fund records and acknowledged that Lindell was unable to prepay the entire filing fee. That subsection authorizes dismissal at any time if a complaint is frivolous. In her subsequent review of Lindell's complaint the judge concluded that several of his </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/031930p.pdf">OPINION/ORDER</A><BR> Although Li submits that he and his wife were threatened with sterilization. His more significant claim is one of economic persecution: he and his wife were subjected to a fine equivalent to twenty months' salary. Were effectively blacklisted from other government employment. Was deliberate retaliation for having had four children. The BIA assumed that Li was credible. While the contours of the doctrine are still developing. While the issue is close. This rigorous standard was met here. We will grant Li's petition for review and remand to the BIA for further proceedings on the credibility issue. I. FACTS AND PROCEDURAL HISTORY Li is a citizen of the People's Republic of China. He was employed as a mechanic in governmentowned factories since 1970. His wife was employed as a nurse. Their first child was born in 1984. China allowed couples to have two children. Forced his wife to have an IUD implanted. Li testified that the fine was equivalent to twenty months' salary. He submitted a receipt for 1200 yuan that indicated the fine was imposed for </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/06a0283p-06.pdf">OPINION/ORDER</A><BR> Who was sentenced to death by an Ohio jury for the 1987 aggravated murder of Mari Anne Pope. Pope was babysitting two neighborhood children. He did not have the requisite intent for aggravated murder. Are presumed correct unless rebutted by clear and convincing evidence: In the early morning hours of August 13. The victim Mari Anne Pope was awakened in her home by appellant. Were also awakened. The children awoke to the voice of Mari Anne inquiring as to who this person was that had entered her home. The man asked if there were others in the house. To which she replied that there were two children upstairs. Who was lying upon her stomach. The children were admitted into a neighbor's home and police were called. Her nightgown was pulled up around her neck. She was drenched in blood with large holes in her body. The other officer responded that there was no one on the dining room floor and both officers began to search. Bagley Page 3 first officer to react testified that appellant was very quick and agile. The officer was unable to subdue appellant until two other officers entered the fray. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/E20BC6A38029FDAE88256E5A00707D1B/$file/9871087.pdf?openelement">OPINION/ORDER</A><BR> Fletcher was drawn to replace him. ORDER The Government's petition for rehearing is granted to the extent set forth following. Add a footnote at p. 8391 at the end of the last sentence before section </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/02/02-3102.PDF">OPINION/ORDER</A><BR> This is a taxpayer suit to enjoin Wisconsin correctional authorities from funding Faith Works. The district judge rejected the argument after a bench trial. 2 No. 02 3102 If a convicted criminal is out on parole (or probation. The officer can recommend a specific halfway house the one he thinks best for the particular offender but the offender is free to choose one of the others. Parole officers have recommended Faith Works to some parolees. Have been careful to explain that it is a nonbinding recommendation and that Faith Works is a Christian institution and its program of rehabilitation has a significant Christian element. Parole officers who recommend Faith Works are required to offer the offender a secular halfway house as an alternative. Although Faith Works will enroll an offender even if he is not a Christian. A parole officer will not recommend Faith Works to an offender who has no Christian identity and religious interest and will not advise anyone to convert to Christianity in order to get the most out of Faith Works. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2002/04/00-1086.htm">00-1086 -- BEERHEIDE V. SUTHERS -- 04/11/2002<BR></A><BR> Claiming their First Amendment right to free exercise of their religion was violated when they were not provided kosher meals while incarcerated in the Colorado prison system. 1413 (D.Colo. 1998) (<em>Beerheide I</em>). <p> While the case was pending. The Religious Freedom Restoration Act was declared unconstitutional in <em>Flores v. Are adopted for purposes of the trial of the following remaining issues in this case: 1) Plaintiff Beerheide's sincerity of belief in Judaism. The district court found the following facts: <p> Plaintiffs are inmates at Fremont Correctional Facility. Whose father is Jewish. Was not raised Jewish and did not practice Judaism before he was incarcerated. Beerheide was sent to prison. Was raised in an Orthodox Jewish family. Until approximately 10 years before he was incarcerated in 1989. Testified that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/C34D2FBEE728180488256E5A00707D7D/$file/0070525.pdf?openelement">OPINION/ORDER</A><BR> Hakeem was convicted of conspiracy to structure transactions to evade reporting requirements. He claims that he is a member of the Ahmadi Muslim religion. He will face persecution on account of his religion if returned to Pakistan. The Sunni and Shi'ite believe Qadiana is a false prophet and regard the Ahmadi as heretics. The constitution of Pakistan was amended to allow Ahmadis freedom to practice their religion provided they do not represent themselves as Muslim. The State Department profile indicates </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/B1C3B4BFD1CEAE8E88256C3E0057C78C/$file/9816924.pdf?openelement">OPINION/ORDER</A><BR> Circuit Judge: This case presents the question of whether an employee who alleges that he was subjected to severe. Even if that employee also alleges that the motivation for that discrimination was his sexual orientation. We would hold that an employee's sexual orientation is irrelevant for purposes of Title VII. That the harasser is. Motivated by hostility based on sexual orientation is similarly irrelevant. It is enough that the harasser have engaged in severe or pervasive unwelcome physical conduct of a sexual nature. The relevant facts are not in dispute. High profile and famous guests for whom that floor was reserved. Were also male. Rene gave deposition testimony that he was caressed and hugged and that his coworkers would </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/may96/94-4663.ma2_fn.html">OPINION/ORDER</A><BR> This document was created from RTF source by rtftohtml version 2.7.5 ></head><body><a name= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/8D5923F77193B69A88256E5A00707BC6/$file/9871087.pdf?openelement">OPINION/ORDER</A><BR> Fletcher was drawn to replace him. I. The BIA's factual determinations are reviewed under the substantial evidence standard. We may reverse if the evidence is such that a reasonable factfinder would be compelled to conclude that a well founded fear of persecution has been established. Lal was a prominent member of the Fijian Labor Party. The Labor Party was successful in its 1987 electoral bid. Which was controlled by members of the native Fijian population. Lal was dragged from his 1 The application for asylum is based on Mr. Since the applications of both his wife and child are derivative of his claim. We will focus on Mr. He was placed in detention and held for three days by the army. Explaining that his treatment was in retaliation for his work on behalf of the Labor Party. Lal was stripped of his clothes. Urine was forced into his mouth. He was cut with knives and singed with burning cigarettes. He was deprived of food and water. Lal was in jail. Sometime after he was released from detention. Lal was forced to watch the assault at gunpoint. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/8CF724444F7850F888256AED005BBF95/$file/9871087.pdf?openelement">OPINION/ORDER</A><BR> Fletcher was drawn to replace him. ORDER The Government's petition for rehearing is granted to the extent set forth following. Add a footnote at p. 8391 at the end of the last sentence before section </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=03-2548.01A">OPINION/ORDER</A><BR> Dondocambey is a Christian. The petitioner was attacked by a group of individuals on May 14. They then attempted to rape each of the three women. </P> <P> Dondocambey was dragged into the bushes by two attackers. She told them that she was pregnant. She lied and said that she was Muslim. She believes the attackers would have raped and perhaps killed her. Was not raped after she said she was menstruating. They are Christians. They have lived unharmed in Indonesia. Which were affirmed without opinion by the BIA.<A HREF= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/051222pa.pdf">OPINION/ORDER</A><BR> 2006 * This case was originally argued on October 20. An opinion by a majority of the original panel was filed. Before the opinions were filed. Judges Cowen and Greenberg were selected at random to replace Judges Becker and Nygaard. 3 Phillip J. The resolution of which would limit a religious institution's right to choose who will perform particular spiritual functions. 4 Petruska's Title VII discrimination and retaliation claims. Are barred by the ministerial exception insofar as they implicate a church's right to select its ministers under the Free Exercise Clause. They are not precluded by the exception. We will affirm the District Court's order dismissing Petruska's Title VII discrimination and retaliation claims. We will remand her breach of contract claim for further consideration by the District Court. Gannon's motion to dismiss was framed in the alternative. Although we conclude that it is most properly construed as a Rule 12(b)(6) motion. We note that the standard is the same when considering a facial attack under Rule 12(b)(1) or a motion to dismiss for failure to state a claim under Rule 12(b)(6). </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/051405p.pdf">OPINION/ORDER</A><BR> An orchestrated campaign to The last name is a pseudonym to protect the plaintiffs' interest in medical confidentiality. Count I is the only federal law claim and is brought under Title III of the ADA. Abington is </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/05a0005p-06.pdf">OPINION/ORDER</A><BR> He was sentenced to 51 years in prison. Jackson Page 2 Arnett's due process rights were violated when the trial court judge referenced the Bible during petitioner's sentencing hearing. This abuse began when Rachel was only five years old. Arnett was indicted in November 1997 on ten counts of rape of a minor under the age of thirteen. Arnett was additionally indicted on one count of pandering obscenity involving a minor. Arnett entered guilty pleas to all the charges and was sentenced to a prison term of 51 years.1 During Arnett's sentencing hearing. Which is the genesis of Arnett's due process claim. I was struck by the idea of who is James Arnett through this particular case. I thought about it all last evening as I was trying to determine in my mind what type of sentence you deserve in this particular case. ***** Trial Court: I'm looking at the victim's father. Who tells me that basically his daughter's innocence was snatched away by you and you're a thief. You have been molesting his little girl for the last four years. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//apr96/95-6094.opa.html">FAWAAD V. JONES<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Fawaad v. We AFFIRM.<p> The material facts in this case are not disputed and are presented fully by the district court. <i>Fawaad v. It is undisputed that Fawaad's religion requires him to abandon the name Jeffrey Bell and to adopt his new religious name. Who have legally changed their names following incarceration. Is to require inmates to use dual names on all incoming and outgoing mail. Fawaad is required to refer to himself as </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/3AC73D6CDE2DF54488257053004D9E89/$file/0470806.pdf?openelement">OPINION/ORDER</A><BR> Who are all natives and citizens of Russia. We have jurisdiction under 8 U.S.C. § 1252. They were charged with removability for overstaying KROTOVA v. The lead Petitioner was the only witness. She is a 54 year old woman from the far eastern regions of Russia. Her mother was Jewish. Although she was trained as a meteorologist at a technical college. She was placed in unskilled positions because the best jobs were reserved for ethnic Russians. She was sexually harassed by a supervisor and. He told her that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/07a0474n-06.pdf">OPINION/ORDER</A><BR> I. OVERVIEW Petitioner Aurel Vata is a native and citizen of Albania. He was not in possession of a valid unexpired The Honorable James S. We also AFFIRM the Board's denial of Vata's Motion to Reopen because Petitioner failed to offer evidence that was both material and unavailable at the time of his former hearing pursuant to 8 C.F.R. § 1003.2(c)(1). The petitioner was born in Puke. Vata is a citizen of Albania and holds an Albanian passport. Charging him with removability pursuant to 8 U.S.C. § 1227(a)(1)(A) because he was not in possession of a valid unexpired immigrant visa. Vata describes that his brother was the driver for the 4 No. 06 3066 / 06 3734 Vata v. His relative was a deputy of the Democratic Party between 1992 and 1996. Vata was living in the Don Bosco Center of Shkoder. Vata and his associates were forced to leap out of the windows of the second floor in order to escape. He was unaware of any arrests made as a result of this incident. A lot of them were happy for what happened. Cause they see America is the terrorist. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/1CDFF89B8AA679BA88256E3E007A8AF5/$file/0270439.pdf?openelement">OPINION/ORDER</A><BR> He also challenges the BIA's determination that he is ineligible to adjust his status to that of permanent resident as a derivative beneficiary of his parents' visa. The latter denial was based on a determination that Padash was not statutorily eligible for permanent residence because. Having turned twenty one before his visa was adjudicated. Padash was seventeen. His claim is based on two incidents of violence that occurred at his father's restaurant. When Padash told the customers that the item was unavailable. There was a police station across the street. Shortly after the fight Padash was born in India and resided with his parents in Poona. He obtained an Iranian passport because his grandparents were born there. 2 PADASH v. Although Padash was not present on that occasion. Padash testified that because the current regime in India is </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/1387E2AF38C404D288256B18007F8BA3/$file/0070525.pdf?openelement">OPINION/ORDER</A><BR> Hakeem was convicted of conspiracy to structure transactions to evade reporting requirements. He claims that he is a member of the Ahmadi Muslim religion. He will face persecution on account of his religion if returned to Pakistan. The Sunni and Shi'ite believe Qadiana is a false prophet and regard the Ahmadi as heretics. The constitution of Pakistan was amended to allow Ahmadis freedom to practice their religion provided they do not represent themselves as Muslim. The State Department profile indicates </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/100DE273B1D5F01D88256CF60060AEAF/$file/0035999.pdf?openelement">OPINION/ORDER</A><BR> Instead alleges that the report to the police was fraudulently made because Raad is a Muslim of Lebanese descent. Raad was suspended from teaching within the District for one year. With area high school principal Andre Layral and was awarded the highest possible rating by the team of principals who interviewed her (i.e. Many of these facts are. There is no evidence in the summary judgment record that Raad's accent ever interfered with her performance while she served either as a substitute teacher or as a temporary full time teacher in 199293. Raad received numerous requests from full time District teachers that she serve as a substitute teacher in their classes when they were absent. Was not informed that she had been placed in the hiring pool until the end of August. Between the time when Raad resubmitted Kerr Carpenter's recommendation and the time when the District informed her that she was under consideration for a 1992 93 position. Although Raad produced evidence that she was highly qualified. She was not hired to fill the position. 4384 RAAD v. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2004/02/01-4176.htm">01-4176 -- AXSON-FLYNN V. JOHNSON -- 02/03/2004<BR></A><BR> Who is Mormon. The district court granted summary judgment to Defendants on both claims and found that they were also entitled to qualified immunity. Sandy Shotwell asked Axson Flynn if there was anything she would feel uncomfortable doing or saying as an actor. Although the record is unclear as to whether Axson Flynn explained at the time why she had those objections. The district court summarized her reasons as follows: <p> [H]er refusal to use the words </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Nov1996/96a1457p.txt">OPINION/ORDER</A><BR> This appeal offers the en banc court the opportunity to attempt to clarify the quantum and nature of evidence that will permit a jury to find that an employer engaged in impermissible employment discrimination. Who had been an employee of the Hotel du Pont since 1979 and was at the time her employment ceased one of the Head Captains of the hotel's Green Room. That she was not qualified for the position of Manager of Restaurants and that she had not applied for the position. Were pretexts for discrimination. The court concluded that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/10circuit/may96/95-2009.wpd.html">CHURCH ON THE ROCK V. CITY OF ALBUQUERQUE<BR></A><BR> The centers are multipurpose facilities that provide forums for lectures. The sole requirement for membership is that a person be at least fifty five years old or be married to a member who is at least fifty five years old. All of the programs are voluntary. Many of the programs at the Senior Centers are organized and sponsored by private individuals or organizations. Sitting by designation. for classes and other activities if the subject matter is </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/99/08/983782P.pdf">OPINION/ORDER</A><BR> Erected a display at the City Civic Center.1 The display contained many holiday decorations and objects and was located in the small courtyard just in front of the main entrance. We consider the display as it existed when the lawsuit was filed. The City stipulated that it would erect a similar display in subsequent years. 2 1 The display in the front courtyard of the Civic Center was split by a sidewalk and a short set of stairs that led to the main entrance. To the right of the sidewalk as one approached the main entrance was a crèche depicting the birth of Jesus of Nazareth. Nearby was a cut out lamb and donkey in front of a five foot tall arch bearing the words </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19956094.OPA.pdf">OPINION/ORDER</A><BR> The material facts in this case are not disputed and are presented fully by the district court. It is undisputed that Fawaad's religion requires him to abandon the name Jeffrey Bell and to adopt his new religious name. Who have legally changed their names following incarceration. Is to require inmates to use dual names on all incoming and outgoing mail. Fawaad is required to refer to himself as </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=05-4162.wpd">OPINION/ORDER</A><BR> It questioned whether the sale was supported by adequate consideration and was an arm's length transaction (the mayor of the City was also president of the Lions Club). In whose honor the monument was originally donated. Which they are free to use and dispose of as they wish. The court concluded that because the monument was now private speech on private property. Summum was not entitled <hr> to injunctive relief facilitating the display of its monument in the park. The City was violating Summum's free speech rights. Our review of this legal question is de novo. A party asserting federal jurisdiction must establish three elements to have standing to bring a claim. The party must establish an injury in fact by showing </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/04/06/032920P.pdf">OPINION/ORDER</A><BR> He argues that he has been and will be persecuted in Georgia on account of his Russian ethnicity and Baptist religion. No evidence was presented to suggest that they were then being persecuted on account of their religion or ethnicity. The month before his visa was to expire. He was served with a notice to appear on December 23. A hearing was held before an immigration judge (IJ) on May 9. He has not claimed to have suffered persecution there. Because there was a lack of evidence in the record to support his Convention claim. We will not address it further. 2 1 and started fights. Prokopenko also testified that he was repeatedly stopped and harassed by the police in Tblisi because he is Russian. He was taken by the police to a hospital for treatment. He told them he was not required to carry any. He claims he was unable to do anything for about a month after the incident. The IJ also found that it was unlikely Prokopenko would be persecuted on account of his religion because unlike many of his relatives. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/apr96/95-6094.opa.html">FAWAAD V. JONES<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Fawaad v. We AFFIRM.<p> The material facts in this case are not disputed and are presented fully by the district court. <i>Fawaad v. It is undisputed that Fawaad's religion requires him to abandon the name Jeffrey Bell and to adopt his new religious name. Who have legally changed their names following incarceration. Is to require inmates to use dual names on all incoming and outgoing mail. Fawaad is required to refer to himself as </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1998/01/96-6354.htm">96-6354 -- SWANSON V. GUTHRIE INDEPENDENT SCHOOL DISTRICT NO. I-L -- 01/29/1998<BR></A><BR> Were on the briefs). The purpose behind the home schooling is religious </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/06a0144n-06.pdf">OPINION/ORDER</A><BR> Because we find that the IJ's decision was supported by substantial evidence and was not an abuse of discretion. Is a citizen of Iraq who was born in Baghdad. The application alleges that Karomi fled Iraq because he assaulted an Iraqi guard who was assaulting his father. It states that his father was afraid of saying anything because his family's ethnicity (Chaldean) and religion (Assyrian Christian) caused the family to be </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/06a0524n-06.pdf">OPINION/ORDER</A><BR> The petitioners are native Iraqis who arrived illegally in the United States on May 17. Upon their arrival both Toma and Karim were interviewed by officers of No. 05 3748 Toma v. Both interviews were brief. Toma was first asked background questions regarding his citizenship and the circumstances of his entry into the United States. Toma was then asked only two questions relating to allegations of persecution: Q: Do you have any fear or concern about being returned to your home country or being removed from the United States? Because I was accused by the Iraqi government of selling videotapes against the government. Q: Would you be harmed if you are returned to your home country or country of last residence? The same questions were posed to Karim. Who answered in a manner similar to her husband: Q: Do you have any fear or concern about being returned to your home country or being removed from the United States? Because if they hurt my husband they will hurt me. Q: Would you be harmed if you are returned to your home country or country of last residence? </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/07a0222p-06.pdf">OPINION/ORDER</A><BR> Petitioner was a thirty one year old male citizen of Iraq who entered the United States on or about May 1. He is an ethnic Chaldean who practices the Catholic religion. There is evidence that Assyrian and Chaldean Christians are considered by other Iraqis to constitute a distinct non Arab ethnic minority. Which is also considered an application for non discretionary withholding of removal. The parties and the interpreter were all present in a courtroom in Detroit. Petitioner claims that he began to be harassed at the age of 15 when he was forced to attend mandatory religion classes in Islam at his high school. He was arrested one day at school for distributing anti religion and anti government fliers. He was detained for about 33 days at various locations. He was released and1returned home. He claims he was not allowed to return. Petitioner testified that he was conscripted into the Iraqi Army in February 1991. That he was detained for three months. When he was found reading the Bible in his barracks. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/06/09/052009P.pdf">OPINION/ORDER</A><BR> I. Hussein is a man of Indian descent who is a native of the island of Fiji. Where he was raised as a Muslim. Which is based in St. When commercial air travel was suspended as a consequence of the terrorist attacks on September 11. Received what he said was an anonymous phone call regarding Hussein. Reed said that he asked how the caller knew the person was a Trans States pilot. Reed said he asked a manager on his staff to verify that Hussein was in St. He received a report that Hussein should have been in the St. That he was a probationary employee. Swoboda recalled telling Reed that Hussein was a first officer based in St. That he was probably a probationary employee. He was in a bar in uniform. It was later revealed that the anonymous caller was a pilot employed by Trans World Airlines named Emmet Conrecode. Conrecode was staying at the Howard Johnson's hotel in St. He testified in this case that while he was in a bar at the hotel eating dinner. The man announced that he was going to fly an airplane the next day. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/02/05/011833P.pdf">OPINION/ORDER</A><BR> The question for review is whether Volodymyr Fisher and his wife. Have established that they qualify as refugees from religious or ethnic persecution. Hansen. 1 account of Fisher's German ethnicity and Lutheran religion if they were repatriated to the Ukraine. Because that finding is supported by substantial evidence. Fisher was born in Uzbekistan in 1937. His father was an ethnic German and his mother was Russian. Fisher is the principal asylum applicant. Fisher's claims of ethnic persecution are predicated both on his identity as a German. On the perception by other Ukrainians that anyone with a German name is Jewish. Fisher contends that he was denied various educational and career opportunities as a result of his German ethnicity. Fisher testified that he was educated after high school. He was employed as an engineer in Kiev until he left for the United States. Fisher also testified that he was frequently insulted with anti Jewish slurs by neighbors and co workers. Fisher explained to people that he was not Jewish. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/docs/common/opinions/200607/05-5143b.pdf">OPINION/ORDER</A><BR> With him on the brief were Peter D. We have no jurisdiction to review its denial of partial summary judgment. Because we conclude Appellants have satisfied the requisite showing of irreparable harm for an Establishment Clause violation. Any officer a promotion selection board considers but does not recommend for promotion is deemed to have </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/July1995/95a1097p.txt">OPINION/ORDER</A><BR> Are equally applicable. I. Facts and Procedural History Koreh was born on September 4. An area that moved between Romania and Hungary but which was part of Hungary in 1940. As did the district court we rely only on facts that the parties do not dispute.[fn1] Because the relevant facts are set forth in detail in the district court's comprehensive published opinion. Hungary was the site of virulent anti Semitism during the late 1930s and early 1940s. This legislation was followed in 1939 by a second law that attempted to define </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//apr98/96-2788.man.html">KIMEL V. FLORIDA BD. OF REGENTS (4/30/1998, NO. 96-2788)<BR></A><BR> Circuit Judge:<A HREF= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Sept1994/94a0850p.txt">OPINION/ORDER</A><BR> Because we believe that the pivotal issue in a case alleging deliberate interference with religious activity is not the extent of the burden on religious exercise. Scout Park and the Penn Central property are divided by a dirt road owned by the Borough. Reverend Brown was also negotiating to purchase the Penn Central property. Brown also informed the council that he was negotiating to purchase the Penn Central property. A gate was erected on July 29. Attendees of that night's meeting were unable to drive up to the tent. They were forced to park outside the gate and walk 100 to 200 feet to reach the tent. Plaintiffs contend that disabled individuals seeking the Ministry's faith healing were among the expected attendees. May have been deterred from further attendance during the week because of the difficulty in reaching the tent. Council member Bakaysa testified that he was aware that disabled individuals were among the expected worshippers. Plaintiffs were never informed of the council members' decision to lock the gate. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=05-1570.wpd">OPINION/ORDER</A><BR> The case is therefore ordered submitted without oral argument. <hr> EBEL. Boles is an Orthodox Jew serving time at the Freemont Correctional Facility in Ca¤on City. I. The relevant facts are not disputed. While he was incarcerated at FCF. Boles was scheduled to have eye surgery at an off site hospital. 515 (10th Cir. 1998) ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=05-2370.wpd">OPINION/ORDER</A><BR> This matter is before the court on Appellant Traxler's petition for rehearing en banc. The petition for rehearing en banc was circulated to all judges of the court who are in regular active service. The petition for rehearing en banc is denied. Is also denied. <hr> The panel shall. A copy of the amended opinion is attached to this order. Defendants Appellants Jerry Traxler and Dennis Denning were convicted of conspiracy to possess methamphetamine with the intent to distribute. Denning was also convicted of possession with intent to distribute. Both Traxler and Denning appeal the district court's denial of their motion to suppress evidence recovered from their vehicles when they were arrested outside Las Cruces. So the evidence was properly admitted. (2) his sentence is contrary to United States v. (3) his sentence is otherwise unreasonable. The informant explained in great detail that Jerry Traxler and Adam Ladue were planning to buy a quantity of methamphetamine from an Arizona based dealer named Dennis in Mayhill. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=00-2478.01A">OPINION/ORDER</A><BR> Were on brief for appellant.</FONT> <P><FONT FACE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=91-1861.01A">OPINION/ORDER</A><BR> The question in this appeal is whether the federal government can. (c) refuse to extend that exemption to people who are not Native Americans but who also seek to use eagle feathers for religious purposes. The government can craft an exemption that is limited to Native Americans because such an exemption serves two important governmental goals. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19962788.MAN.pdf">OPINION/ORDER</A><BR> Circuit Judge:1 Three cases presenting the same or similar issues of Eleventh Amendment immunity were consolidated and are addressed in this appeal. The issues in this appeal are whether Congress abrogated States' Eleventh Amendment immunity for suits under the Age Discrimination in Employment Act ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19962788.OPN.pdf">OPINION/ORDER</A><BR> Circuit Judge: 1 1 Judge Edmondson announces the judgment for the Court in this 3 Three cases presenting the same or similar issues of Eleventh Amendment immunity were consolidated and are addressed in this appeal. The issues in this appeal are whether Congress abrogated States' Eleventh Amendment immunity case. We agree with the Northern District of Alabama that suits in by private parties for against ADEA States federal court 6 violations are prohibited by the Eleventh Amendment. The cases were appealed for us to decide whether Congress abrogated sovereign immunity when it enacted the relevant statutes. 3 Because this appeal presents only questions of law. This appeal is properly before this Court under the collateral order doctrine. The facts of each Plaintiff's claim will not be discussed. Discussion A district a court's order to denying dismiss or a granting motion complaint against a State based on the Eleventh Amendment's grant of sovereign immunity is reviewed by this court de novo. 2507 n.7 (1980) (Eleventh Amendment principles are not applicable to suits in state court.). 10 4 Congress pursuant to the Commerce Clause could. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA0LTA1OTEtYWdfb3BuLnBkZg==/04-0591-ag_opn.pdf">OPINION/ORDER</A><BR> Remand the case to the United States Attorney General Alberto Gonzales is substituted as Respondent. They also warned members </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1999/04/98-9035.htm">98-9035 -- KLAASSEN V. COMMISSIONER OF INTERNAL REVENUE -- 04/07/1999<BR></A><BR> The case is therefore ordered submitted without oral argument. <p> David R. and Margaret J. Klaassen appeal from the Tax Court's ruling that they are liable for an alternative minimum tax (AMT) in the amount of $1. We affirm. <p> <center><strong>BACKGROUND</strong></center> <p> The facts are undisputed. The Klaassens were the parents of ten dependent children. Advising the Klaassens that they were liable for a $1. The tentative minimum tax was computed on the excess: 26% x $23. The difference between that figure and the Klaassens' regular tax was $1. 57 preferences are involved. The Klaassens argue that their entitlement to their personal exemptions is mandated by I.R.C. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcU1VNXDAyLTQ0NjJfc28ucGRm/02-4462_so.pdf">OPINION/ORDER</A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/E50237D3832C332B88256F62005DA2A8/$file/0272515.pdf?openelement">OPINION/ORDER</A><BR> Is a derivative applicant whose petition depends MANSOUR v. Mansour and Ewada ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/C1027D97C4AA46F388256E1200823D1F/$file/0135795.pdf?openelement">OPINION/ORDER</A><BR> I. Background Peterson was employed in the Boise. The parties do not dispute that Peterson's job performance was satisfactory. As well as the slogan </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/9C5B86F7465F84B188256E6F005BDF3D/$file/0235796.pdf?openelement">OPINION/ORDER</A><BR> Because the district court correctly ruled that appellees are functionally comparable to judges and prosecutors and are accordingly entitled to the protections of absolute immunity for their quasi judicial and quasi prosecutorial acts. When Olsen's registration was terminated.2 That termination arose out of Olsen's overdose on a combination of prescription and over the counter drugs on January 7. If written notice of a new employment relationship . . . [is] not received and approved by the Board. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/98C7F538AA7B5F6388256EBE004D44B4/$file/0235727.pdf?openelement">OPINION/ORDER</A><BR> As this is an appeal from a denial of a motion to dismiss on grounds largely of qualified immunity. We are asked to decide these weighty questions aided only by the skeletal at best factual picture sketched out in the complaint. 1 2 Pub. The federal courts may not dismiss a complaint unless </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/899FE22747E51B6488256CC5007F49A8/$file/0035458o.pdf?openelement">OPINION/ORDER</A><BR> Is hereby amended to include Judge Berzon's attached dissent from the denial of rehearing en banc. The full court was advised of the petition for rehearing en banc. The petition for rehearing en banc is therefore denied. Unless the employee first refuses because of his or her religious beliefs to comply with an applicable rule and is thereafter fired or disciplined or specifically threatened with firing or discipline. This holding is squarely contrary to Supreme Court precedent. A. The Failure to Accommodate is Itself a Title VII Violation 42 U.S.C. § 2000e(j) Title VII makes it unlawful for an employer </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/021657.P.pdf">OPINION/ORDER</A><BR> Filed this action against the State and five of its employees after he was subjected to disciplinary action for wearing his hair in dreadlocks in violation of his employer's dress code and grooming policy. I. Booth is an African American male employed as a uniformed correctional officer with Maryland's Department of Public Safety and Correctional Services. He is assigned to work at the Baltimore Central Booking and Intake Center in Baltimore. He alleges that he is </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/5B409D97772F677488257075004E70F3/$file/0371600.pdf?openelement">OPINION/ORDER</A><BR> Gonzales is substituted for his predecessor. Did not have a well founded fear of future persecution. The IJ denied Smolniakova's request to review the termination of her conditional resident status on the ground that Smolniakova had not met her </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/46B2079E8BA35E9288256D4E007AA1A8/$file/0270467.pdf?openelement">OPINION/ORDER</A><BR> Circuit Judge: Petitioner Valentina Nagoulko is a 42 year old female native and citizen of the Ukraine. The asylum application was denied on May 18. Which was held on April 10. 1 finding Nagoulko's testimony to be credible but nevertheless determining that Nagoulko was ineligible for asylum and withholding of deportation.2 The IJ reasoned that although Nagoulko demonstrated a subjective fear of persecution. She could not show her fear was objectively reasonable. We have jurisdiction. She testified as follows: Nagoulko was born in the Ukraine in 1960 while the country was under Soviet Communist rule. Her mother was a member of the Pentecostal Christian faith and Nagoulko was raised as a Pentecostal. As a child she was pressured to join the Young Communist League but refused because of her religious beliefs. She was also persistently teased and discriminated against by teachers and other students because of her The IJ's oral decision was initially issued on April 12. While she was employed as a kindergarten teacher. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/061535np.pdf">OPINION/ORDER</A><BR> We have jurisdiction to review the BIA's order pursuant to 8 U.S.C. § 1252(a)(1). We will deny the petition. I. Wowor was admitted to the United States as a non immigrant alien in transit in December of 2002 and was authorized to remain until January 6. Wowor was served a Notice to Appear. He will be killed because he is a Christian. He was assaulted by members of a group called the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/99/10/984112P.pdf">OPINION/ORDER</A><BR> This is an appeal from a preliminary injunction enjoining the enforcement of an ordinance of the City of Lincoln. The District Court1 held that the ordinance was facially invalid because it violated the Free Speech Clause of the First Amendment. I. The plaintiffs are four individuals who have engaged in demonstrations opposing abortion in the vicinity of Westminster Presbyterian Church in Lincoln. The plaintiffs believe that abortion is wrong. The plaintiffs have engaged in protests and demonstrations on the public sidewalk that adjoins the church. Crabb is Unfit to be an Elder. Other protesters (not the plaintiffs) have demonstrated near the church with other kinds of signs. The opinion of the District Court is reported at 23 F. Legislative Intent and Findings. (a) It is the intent of this ordinance to preserve the peace at religious premises in order to protect and secure several significant and compelling interests of this city. Focused picketing disrupts and endangers or outright destroys individual freedom of religion. (e) The mechanism of such injury to individual freedom of religion operates as follows: infants and young children are emotionally vulnerable to focused picketing in close proximity to them. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/04a0089p-06.pdf">OPINION/ORDER</A><BR> The petition for rehearing has been referred to the original panel. 1 The panel has further reviewed the petition for rehearing and concludes that the issues raised in the petition were fully considered upon the original submission and decision of the case. The petition is denied. The Supreme Court held that it was patently insufficient for the government to justify schoolhouse displays of the Ten Commandments merely by asserting that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/98/09/973608P.pdf">OPINION/ORDER</A><BR> Aaron Westendorp is a severely disabled child who requires a full time paraprofessional to function in a school classroom. I. Aaron is a twelve year old boy who lives in Edina. The cost of a paraprofessional is approximately $10. Is the same whether Aaron attends a public school or a private school. Aaron was able to attend the school from 1991 until 1994. The Westendorps were forced to transfer Aaron to a public school in Edina. Or any other location off the nonpublic school premises which is neither physically nor educationally identified with the functions of the nonpublic school </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/apr98/96-2788.man.html">KIMEL V. FLORIDA BD. OF REGENTS (4/30/1998, NO. 96-2788)<BR></A><BR> Circuit Judge:<A HREF= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/96/09/953373P.pdf">OPINION/ORDER</A><BR> A magistrate judge held the First Amendment's Free Exercise Clause does not protect DeWitt's drug activities because his beliefs are not a religion. To decide whether DeWitt's beliefs were See also Malnak v. The magistrate judge concluded DeWitt's drug activities are not based on and do not implicate the fundamental questions and ultimate concerns the First Amendment was intended to protect. DeWitt's beliefs are not part of a comprehensive system. DeWitt's beliefs are not associated with any of the external characteristics of traditional religions. The district court granted the recommendation. which is not motion to dismiss the charges. Unless the government shows the burden furthers a compelling governmental interest and is the least restrictive means of furthering that interest. Review Bd. of the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/052170np.pdf">OPINION/ORDER</A><BR> I. Factual Background Jin Yun Xiao is a citizen of the People's Republic of China. She is married to another asylum applicant. Xiao and other women in her neighborhood in China were required to submit to urine tests and gynecological exams to detect pregnancy every three months beginning at the age of 18. On one occasion Xiao was fined when she went out of town and was unable to return in time for her examination. Was forced to undergo sterilization.3 In addition. Was forced to hide to have additional children. Her house was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200315164.pdf">OPINION/ORDER</A><BR> BACKGROUND Dailide was born in Kaunas. The order of removal was never executed: the government never deported Dailide to Lithuania. We are persuaded that the petition may be reviewed. The denial of Dailide's social security benefits is clearly a collateral consequence of the order of removal. An </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=04-9547.wpd">OPINION/ORDER</A><BR> Petitioner Awa Niang is a victim of female genital mutilation (FGM). <hr> was working in the United States without permission of the Immigration and Naturalization Service (INS). (2) on the ground that she was likely to be tortured if returned to Senegal. Much less explained why it was rejected. She was born into the Tukulor Fulani tribe in Senegal in 1970. Her family is Muslim and believes in rigid adherence to certain gender roles and expectations. There was a strict separation between the men and women in her household. Niang was born she was promised in marriage to her cousin Daud. Because she was considered married to Daud. She was not allowed to date other men. Although most Tukulor Fulani girls were subjected to FGM and consummated their marriages when they were 10 to 12 years old. Its responsibilities were divided among three distinct agencies formed within the new Department of Homeland Security. Niang challenges in this appeal were taken prior to this reorganization. We will refer to the relevant government agency as the INS. (2) The Convention Against Torture is formally referred to as The United Nations Convention Against Torture and Other Cruel. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=06-9590.wpd">OPINION/ORDER</A><BR> The case is therefore ordered submitted without oral argument. This order and judgment is not binding precedent. Subyantoro claimed that he had been persecuted in Indonesia because he was a Christian of Chinese descent and that the persecution would continue if he were returned to that country. Subyantoro's application was untimely. Subyantoro was not </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2002/08/01-1338.htm">01-1338 -- IND V. WRIGHT -- 08/14/2002<BR></A><BR> The case is therefore ordered submitted without oral argument. <p> Plaintiffs Jacob Ind and Jeffrey Pfleger appeal the district court's grant of summary judgment in favor of defendants on their civil rights lawsuit brought pursuant to 42 U.S.C. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=06-1431.01A">OPINION/ORDER</A><BR> Martian's application was derivative of Wijaya's. Thus have waived that issue. Was credible but did not qualify for asylum because she failed to show either past persecution or a well founded fear of future persecution. Because Martian's asylum claim was derivative of Wijaya's. </span>Wijaya and Martian are natives and citizens of Indonesia. Both are practicing Christians and Wijaya is ethnic Chinese. Monospace </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2002/10/01-9527.htm">01-9527 -- IGOSHIN V. IMMIGRATION & NATURALIZATION SERVICE -- 10/09/2002<BR></A><BR> The case is therefore ordered submitted without oral argument. <p> Petitioners Andrei and Elena Igoshin and their daughter Julia seek review of the Immigration Judge's (IJ) determination that they are not eligible for asylum and withholding of deportation. We deny the petition. <p> Petitioners are Russian nationals who became members of the Church of Jesus Christ of Latter Day Saints (LDS) in 1991.<a href= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2002/11/01-1338.htm">01-1338 -- IND V. WRIGHT -- 11/25/2002<BR></A><BR> Circuit Judges. <p> <hr align= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Apr2001/002075.txt">OPINION/ORDER</A><BR> Circuit Judge: This is an appeal from a District Court decision holding that a holiday display exhibited by Wall T ownship. Are taxpayers and residents of the T ownship and members of the organizational plaintiff. Two decorated urns that are part of the complex. The 1999 display was differ ent than the 1998 display. Wall Township is pleased to celebrate our American cultural traditions. Contesting the District Court's consideration of the January 2000 resolution and the conclusion that the Township's display is constitutional. The standing requirement implicit in Article III </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=02-2344.01A">OPINION/ORDER</A><BR> Drinan</SPAN> was on brief for petitioner.</SPAN> <BR WP= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Mar2001/001659.txt">OPINION/ORDER</A><BR> We conclude that the plain language of S 208.15 makes clear that the prime factor in the firm r esettlement inquiry is the existence of an offer of permanent resident status. We reject an alternative </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/04569A9371CADB6A88257116000A99E3/$file/0370200.pdf?openelement">OPINION/ORDER</A><BR> Its inclusion was nothing more than harmless surplusage and caused no prejudice. We therefore assume the Kumars are credible and review the IJ's deci 1708 KUMAR v. FACTS AND PROCEEDINGS BELOW Narendra Kumar is an ethnic Indian and a native and citizen of Fiji. Are also natives and citizens of Fiji. Rina and Shekhar Kumar's claims are derivative of Mr. Kumar testified that he is an ethnic Indian who had been active in the fledgling Labor Party in Fiji around the time of a military coup to take over the government in 1987. Kumar was punched in the stomach and around the face and verbally abused. Kumar's jewelry was missing. He explained that he was mistaken in his earlier testimony. Kumar testified that he was concerned about his family's safety. Kumar voluntarily returned to Fiji because he felt that the situation had improved and he </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/03a0293p-06.pdf">OPINION/ORDER</A><BR> Which is founded 1 The Ho norable D avid D . Castellano claims that he was effectively denied a fair hearing in violation of his due process rights because his counsel was not allowed to make an opening and closing statement at his removal hearing. When he was sixteen years old. I have a 13 on my chin. The tear drop below the corner of my left eye signifies the memory of a friend (called </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/07/03/062035U.pdf">OPINION/ORDER</A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/05a0231n-06.pdf">OPINION/ORDER</A><BR> The claims at issue here arise out of what Bourini alleges is a pattern of The Honorable Daniel M. Jones was counseled not to make any derogatory comments to Bourini. Bourini was subjected to another incident of harassment. That Sharber did nothing to indicate that he was aware of Bourini's presence. The incident was investigated by the company's labor relations manager. Or that his actions were motivated by discriminatory animus. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//apr2001/97-6898.ma3.html">CHANDLER V. SIEGELMAN (4/13/2001, NO. 97-6898)<BR></A><BR> Circuit Judges.</SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/062751np.pdf">OPINION/ORDER</A><BR> For the foregoing reasons we will grant the petition. I. Zheng is a citizen of the People's Republic of China from Fujian Province with an eighth grade education. He was sick with an unknown malady. The underground church was a small group of people who. Zheng and approximately 20 other church members were arrested and taken to the local police station. At the police station Zheng as well as others were hit and accused of participating in illegal meetings and attempting to undermine the current 2 regime. Zheng said that he was told </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/14EE3242A2D973BA882571BC007D8F7F/$file/0317343.pdf?openelement">OPINION/ORDER</A><BR> If we find that the denial was a substantial burden. Whether RLUIPA is constitutional. We find the relevant portion of RLUIPA is a permissible exercise of Congress's remedial power under Section Five of the Fourteenth Amendment. Collectively as </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/062014np.pdf">OPINION/ORDER</A><BR> Because we conclude that Soesilo failed to establish a well founded fear of persecution if he were to return to Indonesia. Soesilo must show that the government is </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/nov98/96-4852.man.html">BERMAN V. ORKIN EXTERMINATING CO., INC. (11/13/1998, NO. 96-4852)<BR></A><BR> Was told that the reduction was because </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/061538np.pdf">OPINION/ORDER</A><BR> We will affirm in part. I. Heleva is currently incarcerated at SCI Albion. Heleva alleges that his sister arranged to have two books. First by claiming that they had been lost and then both by claiming that they were unauthorized because they were </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/3307F22ECC5F61CD88256E4A0081B221/$file/0271656.pdf?openelement">OPINION/ORDER</A><BR> Are citizens and natives of South Africa. Michelle Thomas is the principal asylum applicant. Tyneal are derivative applicants. Michelle Thomas was the only petitioner who testified at the hearing. Michelle testified that the petitioners came to the United States to avoid threats of physical violence and intimidation they were subjected to because of abuses committed by Michelle's father in law. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=03-3933_030.pdf">OPINION/ORDER</A><BR> Fessehaye was born in the Ethiopian province of Tigray. The couple has two children who are citizens of the United States. He conceded that he was subject to deporta No. 03 3933 3 tion. His asylum application was based on past persecution and a fear of future persecution because he is a Jehovah's Witness a church that is subject to widespread persecution and distrust in Eritrea. She claimed to have a well founded fear of persecution. Two sovereign countries that have been at war and now coexist in an environment of continuing distrust. She believed that she would be persecuted if returned to Eritrea because she was a native of Tigray. The provisions governing motions to reopen were found at 8 U.S.C. § 1229a(c)(6). Fessehaye's motion presently is located at 8 U.S.C. § 1229a(c)(7). The only differences being that (1) the more recent application is made on the October 2001 revision of Form I 589. Ghebremedhin's case is before the BIA and that the couple's children are citizens of the United States. Regulatory provisions governing motions to reopen and to reconsider were codified at 8 C.F.R. § 3.2. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/054448np.pdf">OPINION/ORDER</A><BR> Petitioners Ay Sioe Oei and Yuki Kodama seek review of a final order issued by the Board of Immigration Appeals (the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/apr2001/97-6898.ma3.html">CHANDLER V. SIEGELMAN (4/13/2001, NO. 97-6898)<BR></A><BR> Circuit Judges.</SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/9C382D0C30B8A79A88256C09005930CE/$file/9915645.pdf?openelement">OPINION/ORDER</A><BR> That sex was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/041349np.pdf">OPINION/ORDER</A><BR> We will deny the Petition for Review. 1 I Hidayat is a native and citizen of Indonesia. Hidayat also testified that he had suffered from prejudice and harassment in Indonesia because of his race and he feared being beaten or killed if he were to return. The IJ ruled that Hidayat's asylum request was time barred. That he </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/B8CB9CF09D126AA888256A9C005AC892/$file/0099000.pdf?openelement">OPINION/ORDER</A><BR> Circuit Judge: William Charles Payton was convicted in 1982 of the rape and murder of Pamela Montgomery. He was sentenced to death. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/02/02-1247A.PDF">OPINION/ORDER</A><BR> 2003 This appeal originally was consolidated with No. 02 1377. The two appeals were decided in a single opinion. Which is reported at 334 F.3d 618 (7th Cir. 2003). The panel's opinion resolving this appeal follows. 2 No. 02 1247 All members of the panel have voted to deny the petition for rehearing. So the petition is denied. Unless an employer demonstrates that he is unable to reasonably accommodate to an employee's or prospective employee's religious observance or practice without undue hardship on the conduct of the employer's business. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/02/02-1377.PDF">OPINION/ORDER</A><BR> 2003 This appeal originally was consolidated with No. 02 1247. The two appeals were decided in a single opinion. Which is reported at 334 F.3d 618 (7th Cir. 2003). So the petition is granted and the judgment entered on June 27. Is vacated. The appeal will be heard en banc on January 8. Unless an employer demonstrates that he is unable to reasonably accommodate to an employee's or prospective employee's religious observance or practice without undue hardship on the conduct of the employer's business. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//aug2000/98-3062.man.html">HAKIM V. HICKS (8/4/2000, NO. 98-3062)<BR></A><BR> Circuit Judge:</SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=04-3150.wpd">OPINION/ORDER</A><BR> Filed an action pursuant to 42 U.S.C. 1983 alleging that prison officials have denied him access to essential religious texts in contravention of the First Amendment.(1) The district court dismissed the action for failure to state a claim. I. Wares was convicted of aggravated sexual battery and making a terrorist threat.(2) While on parole from these charges. He was convicted of kidnaping and aggravated battery. He is presently serving a sentence of twenty to forty five years. We conclude that additional development of the record is required to assess (1) After examining the briefs and appellate record. The case is therefore ordered submitted without oral argument. (2) Because this case was dismissed for failure to state a claim. 1096 (10th Cir. 2004). (3) Wares states in his appellate brief that he is a Chassidic Jew and alleges that at minimum he requires access to four books: the Siddur (prayer book). He alleges that the defendants have confiscated his Tehillim and his Tanya. <hr> whether this claim has merit. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/971972.U.pdf">OPINION/ORDER</A><BR> Unpublished opinions are not binding precedent in this circuit. An alien must demonstrate that she is a refugee within the meaning of the Immigration and Nationality Act (Act). The alien bears the burden of proving that she is a refugee as defined by the Act. This presumption can be rebutted by a showing that conditions in the country of origin have substantially changed since the time of the past persecution such that the alien no longer has a well founded fear of being persecuted upon return. Dec. at 18. 2 Eligibility for asylum can also be based on past persecution even though there is no likelihood of present persecution. If an alien establishes past persecution but the record shows that conditions have so changed that there is little likelihood of future persecution. We must uphold the BIA's determination that Tadesse is not eligible for asylum if that determination is supported by substantial evidence. The decision may only be reversed if the evidence was such </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/F379EA92BD116E6D88256E5A00707C1A/$file/0099000.pdf?openelement">OPINION/ORDER</A><BR> Circuit Judge: William Charles Payton was convicted in 1982 of the rape and murder of Pamela Montgomery. He was sentenced to death. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/F56F16621A47207188256BF3007FF649/$file/0035458.pdf?openelement">OPINION/ORDER</A><BR> Circuit Judge: This civil rights case turns upon whether Gregory Lawson was constructively discharged from his employment as a cadet in the Washington State Patrol Academy's 82nd Trooper Basic Training Class. We have jurisdiction under 28 U.S.C. § 1291. Lawson was hired by the WSP in 1998. Lawson was issued a manual entitled Procedures. The Manual states that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/01/07/002176P.pdf">OPINION/ORDER</A><BR> Phillips was hired as a social service worker by the State of Missouri in the Department of Social Services. Phillips was assigned to the Kansas City office in the foster care division licensing unit. Phillips' immediate supervisor in the Kansas City office was Collings. Who in turn was immediately supervised by Rosalyn Wilson ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/FFD0CB543718A429882572480051DDAF/$file/0455732o.pdf?openelement">OPINION/ORDER</A><BR> We are aware of the California Supreme Court's demanding caseload and recognize that our request adds to that load. The campground and the Aquatic Center are public facilities. The plaintiffs are users of the two Parks who are. Are the leases </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/04/09/033100P.pdf">OPINION/ORDER</A><BR> Krasnopivtsev testified that he is a citizen of Georgia. Krasnopivtsev was not a member of a Baptist church while he lived in Georgia. He went to church with his parents when he was young. Were granted refugee status in the United States in the 1990s. His brother was a Baptist pastor. Krasnopivtsev did not elaborate on their experiences but testified only that his family was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/02/05/012814P.pdf">OPINION/ORDER</A><BR> Alleging that she was constructively discharged by the City of Blue Springs. Campos was hired as a crisis counselor for the Blue Springs Police Department's Youth Outreach Unit (YOU).1 At that time. Campos did not have the advanced psychology or social work degree and Missouri licensure required by the written job description for the position. Campos's immediate supervisor at YOU was Pamela Petrillo.2 When Campos was hired. That she began to imply that Campos may not have been a good fit for the job. While Petrillo was not a paid employee of the City. Campos was injured in a car accident. She was granted an extension of the February deadline. Campos denied that a new deadline was established. The evaluation was largely complimentary. Campos testified that she was passed over for the team leader position she was promised when she was hired. She also testified that Petrillo told her she was not a good role model and that she needed to find a good Christian boyfriend to teach her to be submissive. Petrillo responded that people </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/aug2000/98-3062.man.html">HAKIM V. HICKS (8/4/2000, NO. 98-3062)<BR></A><BR> Circuit Judge:</SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDAyLTQ4OTFfb3BuLnBkZg==/02-4891_opn.pdf">OPINION/ORDER</A><BR> Petitioner argues that the IJ's decision to reject petitioner's asylum and withholding of removal claims was not based on substantial evidence and that any reasonable factfinder would be compelled by the record to grant her relief. Petitioner also argues that the IJ and BIA erred in not considering sua sponte whether petitioner was entitled to relief under the Convention Against Torture. 1995 and was admitted as a nonimmigrant visitor. She applied for asylum largely on the basis of claims that she had been persecuted in Ukraine because she is a Jew. See 8 U.S.C. § 1252(b)(4)(B) ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA1LTEwNjktY3Zfb3BuLnBkZg==/05-1069-cv_opn.pdf">OPINION/ORDER</A><BR> Although his version is controverted in some respects by that provided by Home Depot. We do so because we are constrained. Baker was hired as a full time sales associate in the floor and wall department of Home Depot's store in Auburn. On any day of the week that his services were required. Baker was entitled to all the employee benefits provided by Home Depot. Baker came to understand that Sunday is </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/Jan2002/002467.txt">OPINION/ORDER</A><BR> The revocation of his United States citizenship is now before us. With Szehinskyj arguing that he was not what the evidence resoundingly showed him to be an armed concentration camp guard who </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//nov98/96-4852.man.html">BERMAN V. ORKIN EXTERMINATING CO., INC. (11/13/1998, NO. 96-4852)<BR></A><BR> Was told that the reduction was because </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/04/05/032224P.pdf">OPINION/ORDER</A><BR> Are citizens of Albania. They are members of the Christian Orthodox religion and the Democratic Party. The Hasallas have two daughters. Who was granted asylum in 1998. Who is presently seeking asylum but whose claim has been remanded to the Board.1 Besnik Hasalla was imprisoned from 1982 to 1986 by the Communist government in Albania because of his political beliefs and activities. During those years he was required to perform hard labor. He was also physically abused and denied contact with his family. Besnik was named commissioner of a land redistribution board. The threats were not carried out. Several days later he was shot in the arm by a masked man who called him by name and yelled </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200316343.pdf">OPINION/ORDER</A><BR> She was entitled to a presumption of future persecution. Antipova also argues that the IJ erred in the factors that he considered in deciding whether internal relocation was reasonable and whether Antipova demonstrated the likelihood of a future threat to her life or freedom. STANDARD OF REVIEW The IJ's findings of fact are reviewed under the substantial evidence test. We </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2000/08/99-3044.htm">99-3044 -- THOMAS V. NATONAL ASSOCIATION OF LETTER CARRIERS -- 08/30/2000<BR></A><BR> Circuit Judge. <p> <hr align= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/10circuit/aug95/93-4145.html">JANE L. V. BANGERTER<BR></A><BR> The instant case is the attorneys fees arm of the Jane L. v. Holding that the pre 20 week abortion restrictions and the spousal notification provision were unconstitutional. Holding that 1) the post 20 week abortion restrictions are not severable from the pre 20 week restrictions held violative of Casey. 2) the fetal experimentation provision is unconstitutionally vague. 3) the choice of method provisions are unconstitutional. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/August2004/023986np.pdf">OPINION/ORDER</A><BR> Petitioners are Lithuanian nationals. We will affirm. It is not necessary to recite the facts of this case in detail. The petitioners conceded that they were eligible for removal as they had overstayed their temporary visitor visas. Each issue will be considered separately.1 A. An IJ may grant asylum to an applicant who </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2004/10/02-9577.htm">02-9577 -- TSEGAY V. ASHCROFT -- 10/26/2004<BR></A><BR> Circuit Judge. <p> <p> <hr align= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/July1997/97a1645p.txt">OPINION/ORDER</A><BR> (3) by electing to stay in the United States and to seek asylum after being told by the FBI that he was in </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2004/08/03-1017.htm">03-1017 -- STOVER V. MARTINEZ -- 08/30/2004<BR></A><BR> Jurisdiction in this court is proper under 28 U.S.C. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/July1997/97a1645p.htm">OPINION/ORDER</A><BR> (3) by <p>electing to stay in the United States and to seek asylum <p>after being told by the FBI that he was in </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="ftp://opinions.ca5.uscourts.gov/byDate/Sep2004/Sep24/04-10058.0.wpd.pdf">OPINION/ORDER</A><BR> The Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. That the single incident within the statute of limitations period was insufficient as a matter of law to establish a hostile work environment. I Butler is of Iranian descent and is a practicing Muslim. The record is unclear as to precisely how and when the alleged discriminatory treatment began. Allegedly remarked to Butler that Iranians are </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2004/03/02-1461.htm">02-1461 -- REED V. MINETA -- 03/12/2004<BR></A><BR> Circuit Judge. <p> <hr align= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=05-9519.wpd">OPINION/ORDER</A><BR> The case is therefore ordered submitted without oral argument. (1) This order and judgment is not binding precedent. Marbun and her family are Christians. Instead were included in Dr. Problems that her father faced in building a school that was perceived as a Christian school. How members of the local government visited him and threatened his life if the church (1) </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="ftp://opinions.ca5.uscourts.gov/unpub/04/04-10058.0.wpd.pdf">OPINION/ORDER</A><BR> The Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. That the single incident within the statute of limitations period was insufficient as a matter of law to establish a hostile work environment. I Butler is of Iranian descent and is a practicing Muslim. The record is unclear as to precisely how and when the alleged discriminatory treatment began. Allegedly remarked to Butler that Iranians are </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/05a0390p-06.pdf">OPINION/ORDER</A><BR> Is barred by the Tenth Amendment. Factual and statutory background Much of the factual and procedural background of the cases is set forth in our prior opinion and that of the Supreme Court. Is not repeated here. Are therefore set forth in some detail below. 1. That laws of general applicability that incidentally burden religious conduct are not subject to strict scrutiny review under the First Amendment's Free Exercise Clause. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Aug2000/985061.txt">OPINION/ORDER</A><BR> Were violated on two occasions: once when he was a kindergarten student and once when he was in the first grade.1 The District Court held. This en banc court finds itself equally divided on the issue of whether judgment was properly entered in favor of the defendants other than the Department of Education on the First Amendment claim arising from the first grade episode. We will affirm the District Court's judgments in favor of those defendants on that basis without further explication. While we agree with the District Court that the Department of Education is immune from suit in a federal court under the Eleventh Amendment. We will vacate the judgment in its favor and remand with instructions to dismiss the claims against it for lack of jurisdiction. We will remand. To give C.H. an opportunity to cure the deficiencies we have identified if she is able to do so. I. The following facts are affirmatively alleged in the 1. It is unnecessary for us to distinguish in this opinion between the two theories of liability. 3 complaint. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/may97/93-9345.op2_fn.html">OPINION/ORDER</A><BR> This document was created from RTF source by rtftohtml version 2.7.5 ></head><body><a name= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2002/12/02-3140.htm">02-3140 -- CROCKER V. DURKIN -- 12/09/2002<BR></A><BR> The case is therefore ordered submitted without oral argument. <p> This is a civil rights action brought pursuant to <u>Bivens v. Appellants are members of the Nation of Islam faith. They were subjected to several instances of religious discrimination. The district court dismissed the claims for injunctive relief on behalf of three of the four Appellants as moot since they were no longer incarcerated at USP Leavenworth. Harvey are moot and non justiciable. The alleged discriminatory actions occurred while all four Appellants were incarcerated at USP Leavenworth. Ford and Lewis have been relocated to the United States Penitentiary in Florence. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=04-1584.01A">OPINION/ORDER</A><BR> BACKGROUND</STRONG></P> <P> Petitioner is an Egyptian national and a Coptic Christian. Coptic Christians are a religious minority in Egypt and historically have been the victims of discrimination by local Egyptian officials as well as Muslim extremists. He was often confronted by Muslims who asked (and attempted to bribe) him to convert to Islam. While he was attending school. He was physically attacked on account of his religion by men that he believed to be Muslim. Petitioner claimed that he spent two weeks in a Greek hospital as a result of his injuries and that Hussein was sentenced to ten years in prison for his crime. Petitioner noted that Hussein's sentence was nearly complete. Which was cheaper to renew in Egypt. This time for a ten day visit with his mother.</P> <P> The AO determined that Petitioner was not credible because his testimony was internally inconsistent. The AO was also concerned that material aspects of the account of the attack in Greece contained in Petitioner's application were missing from his testimony. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2002/08/00-3161.htm">00-3161 -- SEARCY V. SIMMONS -- 08/19/2002<BR></A><BR> Who at all times relevant to this appeal was an inmate housed in the Hutchinson Correctional Facility ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//june2001/99-12449.man.html">ROMINE V. HEAD (6/15/2001, NO. 99-12449)<BR></A><BR> Circuit Judge:</SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=92-1822.01A">OPINION/ORDER</A><BR> Summary judgment was entered by the district court after this court upheld the dismissal of certain claims but reversed the dismissal of plaintiff's free exercise and equal protection claims. I I Street is an adherent of a sect of the Hindu religion commonly known as Hare Krishna. He initiated this action under 42 U.S.C. 1983 after prayer beads and a religious necklace that he had ordered in 1988 were confiscated by prison officials. Street was confined to the Departmental Segregation Unit (DSU). Were responsible. The core of Street's complaint is that the defendants infringed his First and Fourteenth Amendment rights to free exercise of religion and equal protection of the laws by confiscating the prayer beads and religious necklace while at the same time allowing Roman Catholic inmates to possess rosary beads and wear crucifixes.1 On remand. They argued that 1) the confiscation of the plaintiff's prayer beads was justified because of their </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=93-1044.01A">OPINION/ORDER</A><BR> Was on brief for respondent. He was convicted of possessing one half ounce of cocaine. Be deported if the alien is within one or more of the following classes of deportable aliens: . . . . (2) Criminal offenses. Mosquera was found deportable and. The BIA affirmed. is convicted of an aggravated felony at any time after entry is deportable. . . . . Is deportable. 8 U.S.C. 1251(a)(2)(A)(iii). Section 1158(d) was added to the Immigration and Nationality Act by the Immigration Act of 1990. 3Asylum and withholding of deportation are distinct forms of relief for aliens facing persecution in the nation of origin. Is mandatory when deportation to a particular nation would threaten the alien's life or freedom on account of race. Withholding of deportation is </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=06-6022.wpd">OPINION/ORDER</A><BR> The case is therefore ordered submitted without oral argument. (1) This order and judgment is not binding precedent. Phillips Bey contends that he was denied the opportunity for fellowship with other Muslims. He alleges that he was treated differently from other similarly situated inmates who were permitted to exercise their religion. <hr> Regarding his second claim. We must construe his arguments liberally because he is pro se. The Prison Litigation Reform Act ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=98-2088.01A">OPINION/ORDER</A><BR> To identify all that is new and explain why it was not included in the prior filing. He should have been permitted to amend his complaint to cure any deficiencies. The circuits are divided over whether the Prison Litigation Reform Act ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=06-9562.wpd">OPINION/ORDER</A><BR> The case is therefore ordered submitted without oral argument. This order and judgment is not binding precedent. An immigration judge (IJ) denied his asylum application as untimely because it was filed over one year from his entry into the United States. He also argued that the IJ erred in ruling that he had not adequately proven past persecution or that it was more likely than not that he would suffer future persecution on account of his Christian beliefs. Panjaitan raises six points of error: (1) the IJ and the BIA erred in finding his asylum application was untimely because he qualified for the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//may97/93-9345.op2_fn.html">OPINION/ORDER</A><BR> This document was created from RTF source by rtftohtml version 2.7.5 ></head><body><a name= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/common/opinions/200110/00-5070b.txt">OPINION/ORDER</A><BR> Not mentioned by either side when the case was last before us. That is. Our focus was on whether the Park Service regulation imposed a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/common/opinions/200107/00-7238a.txt">OPINION/ORDER</A><BR> With him on the brief was Thomas F. He was first inter viewed by Jeff Porter. The company had its first inkling that some thing was wrong. The manager of the MCI facility where Freedman was employed. To discuss the is sues with Freedman and work out solutions. Among Freedman's early round of complaints was a lack of access to computers and tools. Freedman was unhappy that he had not yet been assigned his own computer workstation. He was also concerned that he was required to share tools with co workers. Freedman was being trained to perform his new job by working with David Swithers and Peter Cartland. Porter informed Freedman that he was to be moved to the night shift. That his experiences with Huff were cut short because Huff was very busy covering for other technicians who were on vacation. He was absent from work on disability leave. He claims that he did not have access to a computer worksta tion for the first three weeks of his return to the day shift. MCI was undergoing significant structural changes. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/dc/opinions/00opinions/00-5070b.html">OPINION/ORDER</A><BR> Not mentioned by either side when the case was last <br clear=all style='page break before:always'> before us.<span style= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/common/opinions/199906/96-7239b.txt">OPINION/ORDER</A><BR> With him on the briefs were John M. With him on the brief were Wilma A. With him on the brief was Arthur B. Farris was on the brief for amicus curiae Home School Legal Defense Association. Holding that it violates the fundamental rights of minors and their parents and is unconstitutionally vague. Rehearing en banc was granted. Determining that juvenile crime and victimization in the District was a serious prob lem and growing worse unanimously adopted the Juvenile Curfew Act of 1995. The curfew contains eight </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/04/05/023879P.pdf">OPINION/ORDER</A><BR> We hold that the determination whether the BIA properly employed its streamlined </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200511556.pdf">OPINION/ORDER</A><BR> PER CURIAM: Plaintiffs have appealed the district court's denial of their motion for a temporary restraining order to require the defendants to transport Theresa Marie Schindler Schiavo to a hospital to reestablish nutrition and hydration and for any medical treatment necessary to sustain her life. The district court entered a careful order which is attached as an Appendix to this opinion. Plaintiffs have also petitioned this Court to grant the same injunctive relief under the All Writs Act. Although we ordinarily do not have jurisdiction over appeals from orders granting or denying temporary restraining orders. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200511556opn.pdf">OPINION/ORDER</A><BR> PER CURIAM: Plaintiffs have appealed the district court's denial of their motion for a temporary restraining order to require the defendants to transport Theresa Marie Schindler Schiavo to a hospital to reestablish nutrition and hydration and for any medical treatment necessary to sustain her life. The district court entered a careful order which is attached as an Appendix to this opinion. Plaintiffs have also petitioned this Court to grant the same injunctive relief under the All Writs Act. Although we ordinarily do not have jurisdiction over appeals from orders granting or denying temporary restraining orders. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/04/07/024151P.pdf">OPINION/ORDER</A><BR> Who are citizens of the Ukraine. Seek review of a final order entered by the Board of Nataliya Vladimironva Kondakova is the principal applicant. Are derivative applicants. Because Nataliya Vladimironva Kondakova is the principal applicant. All references to </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1999/08/98-2248.htm">98-2248 -- U.S. V. SANDIA -- 08/23/1999<BR></A><BR> We affirm. <p align= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/04/07/032127P.pdf">OPINION/ORDER</A><BR> Yola Rife moves to dismiss her appeal on the condition that she is granted voluntary departure. I. Background Alex Rife was born in Baku. His father is Jewish. He was raised as a Russian Orthodox Christian. Yulia Rife was born in Baku in 1957 to a Russian Orthodox father and a Jewish mother. Yulia was baptized in the Russian Orthodox Church in 1984. Yola Rife was born in November 1979 in Moscow. When both Armenia and Azerbaijan were republics of the Soviet Union. The hostilities were both ethnic and religious. As Armenians are predominantly Apostolic Christians and Azeris are predominantly Muslims. Many Christian churches in Baku were destroyed. Shots were fired at the Rifes' home. Their roof was damaged by unknown assailants. His camera was smashed and he was beaten and detained for twenty four hours 2 in a government building. Offering them citizenship and permanent resettlement visas under Israel's Law of Return because Yulia Rife's mother is Jewish. Permission was granted in June 1990. Allegedly because their goal was to come to the United States. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/97/07/962487P.pdf">OPINION/ORDER</A><BR> Is not a state actor. This means that he is </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcU1VNXDA0LTA5MDFfc28ucGRm/04-0901_so.pdf">OPINION/ORDER</A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/ea50059bc5df2783882569520074e699/f0713705b53e7e1f88256e5a00707be6/$FILE/0015136.pdf">OPINION/ORDER</A><BR> Circuit Judge: The question we are presented with in this appeal is whether a sidewalk constructed on private property to replace a public sidewalk. Is a public forum subject to the protections of the First Amendment. Seeking a declaratory judgment that the replacement sidewalk constructed on its property is not a public forum and an injunction requiring the County to recognize and enforce the Venetian's right to exclude labor union demonstrators from the sidewalk. We have jurisdiction under 28 U.S.C. § 1291. I. FACTUAL BACKGROUND AND PROCEDURAL HISTORY The Venetian Casino Resort is a large hotel and casino complex located on the former site of the Sands Casino on 8951 Las Vegas Boulevard South </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/ea50059bc5df2783882569520074e699/166f48ff79457fb188256a8700551e21/$FILE/0015136.pdf">OPINION/ORDER</A><BR> Circuit Judge: The question we are presented with in this appeal is whether a sidewalk constructed on private property to replace a public sidewalk. Is a public forum subject to the protections of the First Amendment. Seeking a declaratory judgment that the replacement sidewalk constructed on its property is not a public forum and an injunction requiring the County to recognize and enforce the Venetian's right to exclude labor union demonstrators from the sidewalk. We have jurisdiction under 28 U.S.C. § 1291. I. FACTUAL BACKGROUND AND PROCEDURAL HISTORY The Venetian Casino Resort is a large hotel and casino complex located on the former site of the Sands Casino on 8951 Las Vegas Boulevard South </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/june2001/99-12449.man.html">ROMINE V. HEAD (6/15/2001, NO. 99-12449)<BR></A><BR> Circuit Judge:</SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/cgi-bin/new/release.pl?B1=Search+Month&month=03&date=01&year=04">OPINION/ORDER</A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/F0713705B53E7E1F88256E5A00707BE6/$file/0015136.pdf?openelement">OPINION/ORDER</A><BR> Circuit Judge: The question we are presented with in this appeal is whether a sidewalk constructed on private property to replace a public sidewalk. Is a public forum subject to the protections of the First Amendment. Seeking a declaratory judgment that the replacement sidewalk constructed on its property is not a public forum and an injunction requiring the County to recognize and enforce the Venetian's right to exclude labor union demonstrators from the sidewalk. We have jurisdiction under 28 U.S.C. § 1291. I. FACTUAL BACKGROUND AND PROCEDURAL HISTORY The Venetian Casino Resort is a large hotel and casino complex located on the former site of the Sands Casino on 8951 Las Vegas Boulevard South </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/02/02-3597A.PDF">OPINION/ORDER</A><BR> The Act provides that a court shall award the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/D71BAC8F133CA78388256E5A00707A85/$file/9870828.pdf?openelement">OPINION/ORDER</A><BR> Circuit Judge: In 1996 Naseem Salman Al Harbi ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/034250p.pdf">OPINION/ORDER</A><BR> Robert Perry DeHart ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/05/05/041840P.pdf">OPINION/ORDER</A><BR> Alberto Gonzales is automatically substituted for his predecessor. I. The Falajas are natives and citizens of Nigeria who entered the United States as nonimmigrant visitors on February 1. Which charged that the Falajas were removable from the United States as aliens who remained in the United States without authorization from the INS after their period of admission as visitors for pleasure had expired. The IJ concluded that Titilayo was ineligible for adjustment of status because she failed to meet the statutory requirement that a petitioner be </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/02/02-1247.PDF">OPINION/ORDER</A><BR> Endres and Holmes have sued under Title VII of the Civil Rights Act of 1964. Unless an employer demonstrates that he is unable to reasonably accommodate to an employee's or prospective employee's religious observance or practice without undue hardship on the conduct of the employer's business. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/BCE374287A73026588256F470054CDCE/$file/0273434.pdf?openelement">OPINION/ORDER</A><BR> Petitioner argues that the IJ's determination that he did not suffer past persecution is not supported by the record.1 We agree. JURISDICTION Because Petitioner was placed in deportation proceedings after April 1. That argument is foreclosed by Falcon Carriche v. FACTS AND PROCEDURAL HISTORY Petitioner is a native and citizen of Bulgaria. He is of Roma. Charging Petitioner under 8 U.S.C. § 1182(a)(7)(A)(i)(I) with being an immigrant who at the time of his application for admission was not in possession of a valid entry document. The INS ceased to exist as an independent agency within the Department of Justice and its functions were transferred to the newly formed Department of Homeland Security. 2 15842 MIHALEV v. Petitioner was hosting a birthday party in his apartment and playing music at a volume that was not loud. His guests were also Roma. Three police officers forcibly entered the apartment and announced that they were responding to a noise complaint from some neighbors. Petitioner was beaten every day of his detention with bags of sand. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/AD487A9FD8C5185788256EE00080826E/$file/0315545.pdf?openelement">OPINION/ORDER</A><BR> He was able to perform his ministerial duties with minor accommodations. Werft claims he was forced to resign from his position and the Church's actions amounted to a breach of contract and violation of Title VII of the Civil Rights Act of 1964 ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/042194np.pdf">OPINION/ORDER</A><BR> Petitioner Lidiana Sulimin appeals a final order of removal by the Board of Immigration Appeals ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/A8587157E55117EA88256EED006D3931/$file/0217224.pdf?openelement">OPINION/ORDER</A><BR> We affirm the district court's judgment because the regulation at issue is reasonably related to legitimate penological interests. We find that the AIRFA is simply a policy statement and does not create a cause of action or any judicially enforceable individual rights. I Henderson is a Native American of mixed ancestry who is currently incarcerated in California. The district court found that Henderson sincerely believes that his hair is sacred. To have his hair cut otherwise is considered a form of defilement. There is no religious exemption. II Whether California's hair length regulation impermissibly restricts Henderson's First Amendment right is a mixed ques 11136 HENDERSON v. The constitutional question Henderson has raised requires de novo review because </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/043709np.pdf">OPINION/ORDER</A><BR> We will deny the petition for review. I. The Amjads are natives and citizens of Pakistan. Rafiq's first and last name have been reversed in the case caption and request that the caption be corrected if possible. We will use the official case caption and refer to the male petitioner as </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/043709npa.pdf">OPINION/ORDER</A><BR> We will deny the petition for review. I. The Amjads are natives and citizens of Pakistan. The INS issued Notices to Appear ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/043834np.pdf">OPINION/ORDER</A><BR> We will deny the petition for review. We will include only those facts relevant to the issues now before us. Government officials visited the unregistered church and warned the parishioners that their activities were illegal and that they must stop. After he was warned a second time. Chen claimed that he was warned five or six times and that each time the authorities took his name. He was warned again to cease hosting meetings or the consequences would be severe. His work unit was notified of his involvement in these </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/01/01-3339.PDF">OPINION/ORDER</A><BR> An Immigration Judge (IJ) and the Board of Immigration Appeals (BIA) both have found that Useinovic is ineligible for asylum because he can show neither past persecution nor a wellfounded fear of future persecution. No. 01 3339 Tahir Useinovic is a 41 year old Albanian Muslim native of the city of Bar. Useinovic applied for asylum to the Immigration and Naturalization Service (INS) and was interviewed by the INS on April 9. Useinovic claimed that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/05/08/041840P.pdf">OPINION/ORDER</A><BR> Alberto Gonzales is automatically substituted for his predecessor. I. The Falajas are natives and citizens of Nigeria who entered the United States as nonimmigrant visitors on February 1. Which charged that the Falajas were removable from the United States as aliens who remained in the United States without authorization from the INS after their period of admission as visitors for pleasure had expired. The IJ concluded that Titilayo was ineligible for adjustment of status because she failed to meet the statutory requirement that a petitioner be </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/044461np.pdf">OPINION/ORDER</A><BR> ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/9421CF93EA06677788256AA1005BF5BF/$file/9935165.pdf?openelement">OPINION/ORDER</A><BR> FACTS The District has adopted a policy for use of school facilities that provides as follows: It is the opinion of the Board that the school district buildings shall be considered a community center. This policy is in conformity with state statutes permitting the use of school property </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/972648.U.pdf">OPINION/ORDER</A><BR> Unpublished opinions are not binding precedent in this circuit. The district court granted the Chesapeake Conference's alternative motions on the ground that Clapper's action is barred by the First Amendment's Free Exercise of Religion Clause (the Free Exercise Clause). I. The Chesapeake Conference is the unit of the Seventh day Adventist Church that operates. Among these schools is Mt. Which is incorporated into all contracts between the Chesapeake Conference and the teachers in its employ. The schools have an express and avowedly sectarian purpose. Which is most comprehensively expressed in the Education Code. The Church's belief regarding Christian education is based on the Scriptures and the writings of Ellen G. White1 which have provided the Church with a distinct philosophy of education. . . . The aim of Seventh day Adventist education is the redemption of each student. White was the founder of the Seventh day Adventist Church. 3 day Adventists want their children to be loyal. There is peculiar to the Church a body of knowledge. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=05-2925_013.pdf">OPINION/ORDER</A><BR> Religious discrimination in employment is prohibited by federal law. All a complaint in federal court 2 No. 05 2925 need do to state a claim for relief is recite that the employer has caused some concrete injury by holding the worker's religion against him. It is enough to name the plaintiff and the defendant. Give a few tidbits (such as the date) that will let the defendant investigate. A full narrative is unnecessary. Is that the complaint allege facts corresponding to each aspect of a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/7D798367323A8D3E88256A0A006280CF/$file/9870828.pdf?openelement">OPINION/ORDER</A><BR> Circuit Judge: In 1996 Naseem Salman Al Harbi ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=05-2749_010.pdf">OPINION/ORDER</A><BR> This is a taxpayer suit. Notre Dame was permitted to intervene in the case in the district court as a defendant. ACE is a program for training teachers in Catholic schools. The third is encouragement of the teachers to live and work in accordance with the tenets of the Catholic faith. It was too late to enjoin the expenditure and the likelihood of a future such earmark was too remote to warrant injunctive relief. No. 05 2749 3 We agree that the claim for injunctive relief is moot. Not that the entire case is moot. 000 in federal money was expended by the Secretary of Education (actually slightly less. That expenditure was. Ordinarily federal taxpayers do not have standing to complain about federal expenditures. The Supreme Court has carved an exception for cases in which a taxpayer complains that Congress is spending money in violation of the First Amendment's establishment clause. That expenditure is deemed sufficient injury to the taxpayer to allow him to maintain suit in federal court. Is the depletion of the federal treasury by the amount of the grant. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/75F3A9963D5C50F188256E5A00707C2B/$file/9935165.pdf?openelement">OPINION/ORDER</A><BR> FACTS The District has adopted a policy for use of school facilities that provides as follows: It is the opinion of the Board that the school district buildings shall be considered a community center. This policy is in conformity with state statutes permitting the use of school property </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/7580FE2A6647C47888257015004E785C/$file/0271656.pdf?openelement">OPINION/ORDER</A><BR> Gonzales is substituted for his predecessor. We have jurisdiction pursuant to 8 C.F.R. § 1252(a)(1). Are citi 6122 THOMAS v. Michelle Thomas is the principal asylum applicant. Tyneal are derivative applicants. Michelle Thomas was the only petitioner who testified at the hearing. The Thomases came to the United States to avoid threats of physical violence and intimidation to which they were subjected because of abuses committed by Michelle's father inlaw. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=05-1344_009.pdf">OPINION/ORDER</A><BR> She was still in the United States in October 2001. When she was convicted for her part in a scheme to obtain Social Security cards using fraudulent documents. Much of the hearing was dedicated to Wang's explanation of her participation and subsequent conviction in the Social Security card scheme. Chu were charged together in a thirty two count indictment with violating 18 U.S.C. §§ 1543 (prohibiting forgery or false use of a passport). Wang testified before the IJ that after the three of them were arrested. She claimed to have told prosecutors how and where the fake documents were produced and who was involved. Who had stepped in and taken over the computer after Guo and Chu were arrested. They were sentenced shortly before or after Wang. Guo and Chu will seek retribution against her on account of her cooperation with prosecutors. She testified that while the three were jailed together before she pleaded guilty. Some female inmates who moved onto her floor from the floor housing Guo and Chu informed her that the men were offering a reward to beat up Wang. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/65378EE06236E19B882573410049E736/$file/0435876.pdf?openelement">OPINION/ORDER</A><BR> We have jurisdiction pursuant to 28 U.S.C. § 1291. Which is part of the Kent School District. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=05-1130_020.pdf">OPINION/ORDER</A><BR> A vote of the active members of the Court was requested. A majority has voted to deny the petition.OE The petition is therefore DENIED. My vote to deny the petition for rehearing en banc is not premised upon a conclusion that the taxpayer standing issue as addressed in the panel opinion is free from doubt. The position set forth in the dissent is one which could eventually command high court endorsement. OE Chief Judge Flaum and Judge Easterbrook have written opinions concurring in the denial of the petition for rehearing en banc. Judge Sykes have joined. The subject is both recurring and difficult. There is considerable force in Judge Ripple's dissent. My vote to deny rehearing rests on a conclusion that this is not the right forum for that further deliberation. The principal difficulty with arguments pro and con about taxpayer standing is that the doctrine is arbitrary. Held that taxpayer suits about religious outlays are special but declined to overrule Frothingham v. Plaintiffs in this litigation do not say that they have paid one extra penny because of the grant. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/054159np.pdf">OPINION/ORDER</A><BR> We have jurisdiction per 8 U.S.C. § 1252. We will deny the petition. I Liem is an Indonesian native and citizen. He is Christian and of Chinese ethnicity. He was served with a Notice to Appear charging him with being removable under 8 U.S.C. § 1227(a)(1)(B) (alien present in violation of law). Relief under the Convention Against Torture ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/054248np.pdf">OPINION/ORDER</A><BR> The Petitioner is appealing the decision of the Immigration Judge denying her application for asylum based on her Chinese ethnicity and her Christian religion. We will deny the petition for review. We will recite only the facts necessary to our analysis. Petitioner Giok Lang Liem is a citizen and native of Indonesia and was admitted to the United States as a non immigrant. Petitioner stayed in this country longer than was permitted. Removal proceedings were initiated against her when the former Immigration and Naturalization Service (INS) served Petitioner with a Notice to Appear charging her with removability under 8 U.S.C. § 1227(a)(1)(B). Petitioner maintains she was persecuted in Indonesia because of her Chinese ethnicity and her identification with the Christian religion. The Petitioner was asked if she had experienced any persecution in Indonesia on account of her ethnicity or religion. She testified that an individual of Chinese ethnicity is 2 </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/054369np.pdf">OPINION/ORDER</A><BR> Petitioners are citizens of Indonesia who allege that they were persecuted and have a well founded fear of future persecution on account of their Chinese ethnicity and Christian religion. Was touched inappropriately while riding the bus on several occasions. Was forced to hide during the May 1998 riots in Indonesia. She also alleges that she was persecuted on account of her religion because one of the churches that she attended in Indonesia was bombed in late 2000. Although she was not attending the church on that date. He was mocked during high school by his teachers. That these incidents were not condoned by the Indonesian government. He also found that Prajoga had failed to demonstrate that it is more likely than not that he would be tortured if returned to Indonesia. He also found that she did not suffer persecution on account of her religion even though one of the churches she had attended was bombed in 2000. That she was able to attend her church without any interference from the Indonesian government. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=04-1865_016.pdf">OPINION/ORDER</A><BR> We have substituted the current Attorney General of the United States. We find that Hussain's due process rights were not violated when the immigration judge denied his motion for an extension of time to submit supplemental documentation because he has not shown he was prejudiced by the immigration judge's deadline for document submission. We conclude that the denial of his application for asylum and withholding of removal is supported by substantial evidence. Hussain was charged with removability pursuant to 8 U.S.C. § 1227(a)(1). Hussain conceded he was removable but filed a petition for asylum and withholding of removal. Contending that he was waiting to receive documents from Pakistan. His father and grandfather were all active members of the TJP. Hussain testified that although he was a Shia Muslim. The majority of Muslims in Pakistan are Sunni Muslim. He was taken to a police station where he spent one night before his parents came to release him. About forty or fifty people were present on the day of the event. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=04-1820_021.pdf">OPINION/ORDER</A><BR> Was not enough to establish a basis for a well 2 No. 04 1820 founded fear of future persecution. I Youkhana is an Assyrian Christian and a member of the Chaldean Catholic Church. 97 percent of Iraqis are Muslim. Assyrian and Chaldean Christians are considered by other Iraqis to constitute a distinct non Arab ethnic minority. Youkhana moved for and was granted a change of venue for his immigration proceedings from San Diego to Chicago. The No. 04 1820 3 principal basis of Youkhana's asylum claim consisted of three incidents in which he was arrested and detained by authorities in Iraq. Several aspects of Youkhana's claims were corroborated by the testimony of his sister. Who is a legal permanent resident of the United States. Youkhana testified that he was first arrested in 1997 while in his final year of high school. He explained that he and two of his Assyrian friends were approached by government officials and accused of making derogatory comments about the Ba'ath Party and Saddam Hussein. Youkhana elaborated that the detention occurred because he refused to join the Ba'ath Party and </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=03-4040_036.pdf">OPINION/ORDER</A><BR> His wife and children have Pursuant to FED. We have substituted Alberto Gonzales for John Ashcroft as the named respondent. * 2 No. 03 4040 derivative claims. Concluding that he was being targeted by the LTTE based on his wealth. The BIA upheld the IJ's conclusion that Mohideen had not shown that the LTTE was motivated by anything other than his wealth. Mohideen abandons his argument that the LTTE targeted him based on his nationality and presses only his contention that he was targeted based in part on his religion. He argues that the BIA ignored evidence in the record that the LTTE targeted him because he was a Muslim. Is populated predominantly by Sinhalese. Who are mostly Buddhist. Who are mainly Hindu. Mohideen is part of a small minority group comprising only 7% of the population. Colombo is populated primarily by Sinhalese. Areas that are populated predominantly by Tamils. The LTTE is a guerrilla group that uses force and intimidation to push for a separate Tamil state. The LTTE is responsible for serious human rights abuses. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=03-3020_048.pdf">OPINION/ORDER</A><BR> Are seeking asylum in this country because of severe mistreatment they received as Catholics in the midst of that prominently Islamic country. We have consolidated the two petitions for argument and decision. He was authorized to remain in the country until June 9. Whose functions were largely taken over by the Department of Homeland Security in 2003. Gomes's application must have been filed more than one year after his arrival. The one year time limit for such applications was added by Title VI of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. The Gomeses admitted that they had stayed in the United States longer than their visas permitted and conceded that they were subject to removal. Gomes testified that he was born into a staunchly Catholic family and had been both an active member of the Catholic community and a volunteer with a number of Christian organizations since the 1980s. He was struck from behind and rendered unconscious. He was seriously injured in the attack: his jaw was broken. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/061500np.pdf">OPINION/ORDER</A><BR> We have jurisdiction to review the petition pursuant to 8 U.S.C. § 1252(a) (2000). Haddad is a 36 year old native and citizen of Syria and is a Roman Orthodox Christian. He testified at his asylum hearing that although Syrians are required to join the Ba'ath Party at age 15. Nedal was a college student and opposed the dictatorship in Syria. Where Nedal was beaten. The family was unable to locate Nedal for three years. He spent six years in prison where he was tortured. similarly arrested and imprisoned for several years. Feeling that he was under constant surveillance by the Syrian Intelligence Service. Where he claims he was discriminated against based on his Christian faith. He was given less leave time than other soldiers and was denied a request for one day of leave on Easter. Haddad testified that he was jailed in a military jail for one week shortly after he joined the military for refusing to join the Ba'ath Party. He was jailed a second time following the denial of his request for leave time at 2 Two of Haddad's cousins were Easter. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/1BEA8BFF0FFE96B488256E7F00727F40/$file/0315112.pdf?openelement">OPINION/ORDER</A><BR> Although there is no express claim under the Arizona Civil Rights Act. Which have the same framework of analysis. INC. wrongful discharge and intentional infliction of emotional distress under Arizona state law.2 The district court found that Bodett was unable to rebut the evidence her employer. As no distinct contract claim was made in the initial complaint. We will not consider arguments that are raised for the first time on appeal. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/166F48FF79457FB188256A8700551E21/$file/0015136.pdf?openelement">OPINION/ORDER</A><BR> Circuit Judge: The question we are presented with in this appeal is whether a sidewalk constructed on private property to replace a public sidewalk. Is a public forum subject to the protections of the First Amendment. Seeking a declaratory judgment that the replacement sidewalk constructed on its property is not a public forum and an injunction requiring the County to recognize and enforce the Venetian's right to exclude labor union demonstrators from the sidewalk. We have jurisdiction under 28 U.S.C. § 1291. I. FACTUAL BACKGROUND AND PROCEDURAL HISTORY The Venetian Casino Resort is a large hotel and casino complex located on the former site of the Sands Casino on 8951 Las Vegas Boulevard South </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/1355524B6BBE7CD788256E5F00811206/$file/0273527.pdf?openelement">OPINION/ORDER</A><BR> Guo was not subjected to past persecution are not supported by substantial evidence. Guo was born on June 8. He is a citizen of the People's Republic of China. Guo alleging that he was subject to removal from the United States because he had remained in this country longer than permitted by the non immigrant visa without authorization from the INS. Guo admitted the allegations contained in the notice to appear and conceded that he was subject to removal. Guo was seeking asylum. The removal proceedings were held on August 2. He came to the United States because he was persecuted by the Chinese government for believing </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/967318.P.pdf">OPINION/ORDER</A><BR> The Inmates are Muslims. Other individuals who are challenging a grooming policy that requires all male inmates to keep their hair short and their faces shaven (the Grooming Policy). Mohawks and other </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/05a0989n-06.pdf">OPINION/ORDER</A><BR> Are natives and citizens of Iraq. The petitioners admitted they had arrived as aliens and were subject to removal but requested the opportunity to file an application for asylum. The applications were consolidated into the lead petitioner's application and a hearing was conducted on April 29. The following facts were established through Yousif's written asylum application and hearing testimony: Yousif was granted refugee status in the United States in 1976 because of fear of the Ba'ath political party then in power in Iraq. Yousif was jailed for over a month in 1991 for allegedly </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/04a0145p-06.pdf">OPINION/ORDER</A><BR> Amare will be subjected to </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/06a0434p-06.pdf">OPINION/ORDER</A><BR> Was not appointed to the new position as the Director of Schools for the county system following the publication of a newspaper article which announced that he would be the featured speaker at a convention sponsored by a church with a predominantly homosexual congregation. Scarbrough was elected superintendent of Morgan County Schools. Five candidates were selected by the TSBA for the Board's consideration. Were among these five candidates. Scarbrough was unaware at the time that Metro had a predominantly gay and lesbian congregation. Ultimately he was unable to accept the invitation and so declined. The article further stated that Metro was a predominantly gay and lesbian Christian church. Randy Harlan became concerned that Scarbrough was putting the school's </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/971723.P.pdf">OPINION/ORDER</A><BR> We agree that the ordinance is constitutional and affirm the judgment of the district court. Minors may participate in any activity during curfew hours if they are accompanied by a parent. The ordinance exempts minors who are engaged in interstate travel. Are on the sidewalk abutting their parents' residence. Or are involved in an emergency. The ordinance does not affect minors who are </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/dc/opinions/00opinions/00-7238a.html">MARSHALL FREEDMAN V. MCI<BR></A><BR> Rumeld argued the cause for appellee.<span style= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/96/07/952314P.pdf">OPINION/ORDER</A><BR> The district court1 dismissed these The primary issue is whether IMR's response to his Ochs appeals. request to be racially The HONORABLE JOHN A. Who tried the case by consent of the parties pursuant to 28 U.S.C. § 636(c). 1 segregated substantially burdened his free exercise of religion and was not the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/Apr2002/013490u.pdf">OPINION/ORDER</A><BR> Alleging that various employees of the New Jersey Department of Corrections interfered with his free exercise of religion and retaliated against him for filing grievances while he was incarcerated at the Albert C. We will affirm. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/April2004/032358np.pdf">OPINION/ORDER</A><BR> We have jurisdiction under 8 U.S.C. § 1252(a). We will deny the petition. Manukyan was born in Armenia. He met a group of Jehovah's Witnesses who were handing out literature. Manukyan and his wife were leaving the home of another Jehovah's Witness where a meeting had been held. Manukyan was arrested. He testified that he was arrested because he was holding religious books. Which the police confiscated after stating that the books were prohibited in the country. Manukyan further testified that he was struck in the head by police officers at the station. Manukyan was asked to sign a blank piece of paper. M anukyan was arrested again. He was taken to the police station. Where he was told that. Manukyan stated that he did not seek treatment at a hospital for his injuries because he would have been forced to file a complaint against the government for his injuries. Manukyan was arrested a third time. He was struck accidentally by the police officers. Manukyan was on the ground. He continued to study and practice as a Jehovah's 3 Witness and was eventually baptized in New York. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/01/01-2982.PDF">OPINION/ORDER</A><BR> When plaintiff Wesley Tarpley was moved to the jail in Allen County. We have concluded that oral argument is unnecessary. The appeal is submitted on the briefs and the record. See Federal Rule of Appellate Procedure 34(a)(2). 2 No. 01 2982 substitute Bible to use while he was there. The substitute was the same version of the Bible as Tarpley's own. The jail implemented this policy to curb fights over who owned what and to avoid compensation claims if the materials were lost or stolen. The substitute was a textually identical NIV Bible. When Tarpley was released from the jail. While he was incarcerated. Tarpley was allowed to keep the jail's Bible in his cell. Tarpley was also trying to pursue some lawsuits he had filed. The jail officials informed him that they did not have the materials he was requesting. Nor did they have a law library. What Tarpley did have was the assistance of a court appointed public defender. That lawyer was representing him only in his criminal case. Some of which are not relevant to this appeal. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/20EE6C12A493E2AA882572D400577C43/$file/0372384.pdf?openelement">OPINION/ORDER</A><BR> Having decided that our prior interpretation of the BIA's power under the INA was overly narrow. We overrule Molina Camacho and determine that we do have jurisdiction to review the BIA's decision in such cases. GONZALES I Marjorie Lolong is an Indonesian woman of ethnic Chinese descent. She is also a Christian. When she was still a student in this country. The IJ held that Lolong was eligible for asylum. The BIA concluded that Lolong could not establish that her fear of future persecution in Indonesia was objectively reasonable because there was evidence that the Indonesian government had taken steps to bring militant Islamic groups which were largely responsible for the outbreaks of religious and ethnic violence under control. We have narrowly construed the BIA's authority under the INA both to enter an order of removal in the first instance. As is the case here. We noted that the BIA lacks statutory authority to enter orders of removal and held that any attempt by the BIA to do so was a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/06a0091p-06.pdf">OPINION/ORDER</A><BR> Petitioner was convicted in Ohio state court of five counts of aggravated murder with two death penalty specifications and five counts of kidnapping. Facts as Recited by the Ohio Supreme Court Lundgren's Background Lundgren was born in Missouri and raised in the Reorganized Church of Jesus Christ of Latter Day Saints ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//may96/94-5114.opa.html">GROSZ V. CITY OF MIAMI BEACH<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Grosz v. We vacate the order dismissing their complaint and remand for further proceedings.<p> Armin Grosz is an Orthodox Jewish Rabbi who lives in the City of Miami Beach with his wife. Both Armin and Sara Grosz are plaintiffs below and are appellants here. For convenience we will usually refer to Armin Grosz only when discussing these parties. Members of Grosz's sect come to his home to pray because they believe their prayers are more readily answered when their prayers are recited with Grosz. Who is known as a pious rabbi. Religious services </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/054249np.pdf">OPINION/ORDER</A><BR> As well as a claim of intentional infliction of emotional distress.1 Wilson is a descendant of Ethiopian Jews and he practices Judaism. The Adappt House is a residential facility that contracts with the Pennsylvania Department of Corrections to provide both chemical dependency treatment and group home services for pre release and parole candidates. He was told that a request to attend religious services had to be in writing. This request was approved. Although Wilson may not have known of the approval. He was not permitted to attend Shabbat services the next day because of a mandatory group outing to a local park. Was transported to the Berks County prison and charged with a parole violation. Wilson was deposed. Contending that Jewish clients of Adappt House may attend Shabbat services provided they submit a Other claims in the amended complaint were dismissed by the District Court pursuant to 28 U.S.C. § 1915A. Have not been argued on appeal. We hold that they are waived. 398 (3d Cir. 1994) (issue is waived unless party raises it in opening brief). 2 1 request in writing. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/B999B682E8E9ADE788256E2900705837/$file/0070157.pdf?openelement">OPINION/ORDER</A><BR> Congress made clear that individuals forced to undergo abortion or sterilization would be deemed to have been persecuted on account of political opinion. At issue here is the application of another category of asylum seekers covered by this statute: those persecuted for </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1998/12/97-4117.htm">97-4117 -- SEELY V. RUNYON -- 12/14/1998<BR></A><BR> Senior Circuit Judge <p> <hr align= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/961814A.P.pdf">OPINION/ORDER</A><BR> It is an authority constrained by no less a power than that of the People themselves. The constitution is written. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDAzLTQxOTYgdyBFcnJhdGEucGRm/03-4196%20w%20Errata.pdf">OPINION/ORDER</A><BR> One of his occasional duties was to transport pregnant women to hospitals where forced abortions were performed on them in furtherance of China's family planning policies. accompanied them. He was terminated from his employment as In his application for asylum. Was expecting a child. The couple hoped to have more children. The Immigration Judge ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDAzLTQxOTZfb3BuLnBkZg==/03-4196_opn.pdf">OPINION/ORDER</A><BR> One of his occasional duties was to transport pregnant women to hospitals where forced abortions were performed on them in furtherance of China's family planning policies. accompanied them. He was terminated from his employment as In his application for asylum. Was expecting a child. The couple hoped to have more children. The Immigration Judge ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/DCCC7574321C3BF788256CA20064A5F3/$file/0016568.pdf?openelement">OPINION/ORDER</A><BR> We do not decide whether use of the prior findings at least in some fashion was improper use of judicial notice. We conclude the procedure adopted here was flawed because it did not meet the requirements of our fair notice doctrine. TERHUNE 5 While appeal of that dismissal was pending. We have discretion to remand a case to the district court for further consideration when new laws likely to influence a decision have become effective during the pendency of an appeal. Whether the PLRA exhaustion requirement is a defense or a pleading requirement is an issue of first impression in this Circuit. We adopt the rule of the majority of circuits and hold that it is a defense that must be raised and proved by the defendant. Facts and Procedural Background Wyatt is an inmate incarcerated at Mule Creek State Prison in Ione. Defendants do not dispute that Wyatt's religious beliefs are sincerely held or that dreadlocks are a means of practicing the Rastafarian religion. TERHUNE are not subject to the same regulations.2 Wyatt has been disciplined by prison officials for refusing to comply with the regulations. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/F2DC42822BDB96A688256EAC0059531F/$file/0355032.pdf?openelement">OPINION/ORDER</A><BR> Judge.** *Jarvis is substituted for his predecessor. Which is managed by the National Park Service. The Latin cross </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcU1VNXDA1LTE4MTVfc28ucGRm/05-1815_so.pdf">OPINION/ORDER</A><BR> IJ A96 265 225 UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER THIS SUMMARY ORDER WILL NOT BE PUBLISHED IN THE FEDERAL REPORTER AND MAY NOT BE CITED AS PRECEDENTIAL AUTHORITY TO THIS OR ANY OTHER COURT. It is hereby ORDERED. DECREED that the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 petition for review is DENIED. Any challenge to the resolution of this issue is deemed waived. The manner in which the IJ recounted the incidents was consistent with Ngadiman's testimony. The record reflects that although 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Ngadiman indicated he was afraid he would be targeted in Indonesia because he was a Buddhist. The only mention of a religious related incident was Ngadiman's description of having attended a Catholic mass when a bomb exploded ­ an incident which the IJ specifically noted in his decision. The IJ reasonably found that the reasonableness of Ngadiman's fear of persecution was reduced when his family remains in Indonesia unharmed. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA0LTM0NzAtcHJfb3BuLnBkZg==/04-3470-pr_opn.pdf">OPINION/ORDER</A><BR> Which is incorrect in certain respects. The Clerk of the Court is directed to amend the official caption accordingly. ** The Honorable J. Salahuddin was and remains in the custody of the New York State Department of Correctional Services ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcU1VNXDAyLTQ5NzJfc28ucGRm/02-4972_so.pdf">OPINION/ORDER</A><BR> IJ A 75 835 739 A75 835 741 A75 835 740 A75 835 739 UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER THIS SUMMARY ORDER WILL NOT BE PUBLISHED IN THE FEDERAL REPORTER AND MAY NOT BE CITED AS PRECEDENTIAL AUTHORITY TO THIS OR ANY OTHER COURT. It is hereby ORDERED. That the petition for review is GRANTED. The BIA's order is VACATED. The case is REMANDED for further proceedings consistent with this order. This finding was based on seven factors: (1) the State Department's forensic report indicating that Sergey Kotyrlo's birth certificate. The only document indicating that he is Jewish. Was not authentic. (2) petitioners' testimony was embellished and lacked detail. (5) Sergey's internal passport indicates that his nationality is Ukranian. Four of the IJ's proferred bases are not supported by substantial evidence. The IJ's determination that Sergey's knowledge of the practices of Judaism and his failure to actively practice his religion in the United States cast doubt on his status as a Jew is fundamentally flawed. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/DC763D6CA9638EBC88256B5E005D7616/$file/0016568.pdf?openelement">OPINION/ORDER</A><BR> We do not decide whether use of the prior findings at least in some fashion was improper. We conclude the procedure adopted here was flawed because it did not meet the requirements of our fair notice doctrine. While appeal of that dismissal was pending. We have discretion to remand a case to the district court for further consideration when new laws likely to influence a decision have become effective during the pendency of an appeal. Whether the PLRA exhaustion require2402 ment is an affirmative defense or a pleading requirement is an issue of first impression in this Circuit. We adopt the rule of the majority of circuits and hold that it is an affirmative defense. Facts and Procedural Background Wyatt is an inmate incarcerated at Mule Creek State Prison in Ione. Defendants do not dispute that Wyatt's religious beliefs are sincerely held or that dreadlocks are a means of practicing the Rastafarian religion. That require him to cut his hair. 1 Female inmates are not subject to the same regulations.2 Wyatt has been disciplined by prison officials for refusing to comply with the regulations. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=04-3652_014.pdf">OPINION/ORDER</A><BR> Are natives and citizens of Ukraine. They have at least one child who was born in the United States. With a visitor's visa that was valid until November 17. Koval entered the United States with a visitor's visa that was valid until July 3. She was baptized into the Mormon Church around March 1993. She was a university student in Kiev. She was interviewed by a man who stated that he knew that she had joined the Mormon Church. Koval that young Americans were visiting Ukraine in order to obtain secret information about the country. The agent further said that the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/540543511BC6143288256AEE0059E697/$file/9971308.pdf?openelement">OPINION/ORDER</A><BR> We have jurisdiction pursuant to 8 U.S.C. § 1252(b). He was in the Iraqi military from 1984 until 1992 and thereafter until he left Iraq he was a civilian government worker assigned to work with the military. When he initially applied for military service in 1984 he claimed to be a Sunni Muslim from Baghdad even though he was a Shiite Muslim from AlBashra. He stated he misrepresented his religion and place of birth because there was discrimination against Shiite Muslims. The truth was revealed when his father completed a census form stating that his family was Shiite. Al Saher was arrested in 1997 for misrepresenting his religion and place of birth. He was detained. 14869 and the only thing I felt was getting beaten up. I felt like a ball and they were just having fun. He explained that at that time his father was trying to get in contact with high authority so that he would not be beaten up. As he left they told him that he was to tell no one about his experience. Stating </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/92D9E570909DEB7688256E5A00707D20/$file/9971308.pdf?openelement">OPINION/ORDER</A><BR> We have jurisdiction pursuant to 8 U.S.C. § 1252(b). He was in the Iraqi military from 1984 until 1992 and thereafter until he left Iraq he was a civilian government worker assigned to work with the military. When he initially applied for military service in 1984 he claimed to be a Sunni Muslim from Baghdad even though he was a Shiite Muslim from AlBashra. He stated he misrepresented his religion and place of birth because there was discrimination against Shiite Muslims. The truth was revealed when his father completed a census form stating that his family was Shiite. Al Saher was arrested in 1997 for misrepresenting his religion and place of birth. He was detained. 14869 and the only thing I felt was getting beaten up. I felt like a ball and they were just having fun. He explained that at that time his father was trying to get in contact with high authority so that he would not be beaten up. As he left they told him that he was to tell no one about his experience. Stating </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/032246p.pdf">OPINION/ORDER</A><BR> The </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcU1VNXDAyLTQ0Mzdfc28ucGRm/02-4437_so.pdf">OPINION/ORDER</A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/044138np.pdf">OPINION/ORDER</A><BR> The IJ dismissed Sugiarto's asylum claim because it was not filed within one year of his arrival in the United States and did not qualify for any exception. Held in the alternative that even if his account were fully credited. Sugiarto had not met his burden of proof to establish a clear probability of persecution or torture if he was returned to Indonesia. The IJ therefore held that Sugiarto was not entitled to withholding of removal under the Immigration and Nationality Act ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//apr2001/99-4166.man.html">UNITED STATES V. DIAZ (4/17/2001, NO. 99-4166)<BR></A><BR> The ensuing sentences ranged from a low of 188 months for Lopez to a high of 1145 months for Camacho.</SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/D7CACD97C39BD47288256ED20074ABCF/$file/0274059.pdf?openelement">OPINION/ORDER</A><BR> Denied relief on the grounds that he had not suffered past persecution and did not have a well founded fear of future persecution. Khup contends that the record compels a finding that he suffered past persecution and that he more likely than not will be tortured if he is returned to Burma. BACKGROUND Khup alleges that he was persecuted by the Burmese military on account of his religious activities and an imputed political opinion. The following facts are drawn from Khup's testimony at his hearing before the IJ and from Khup's asylum declaration. Khup is a Seventh Day Adventist ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Sept2000/981385.txt">OPINION/ORDER</A><BR> Who was granted leave to proceed in forma pauperis. Frackville is being violated because Al Hafeez is not a member of the Nation of Islam and engages in teachings that contradict the teachings of Elijah Muhammad. Those claims are not at issue in this appeal. 2. The complaint is signed by 21 members of the Nation of Islam at S.C.I. Frackville and is accompanied by affidavits of members of the Nation of Islam at S.C.I. Included in the affidavits were affidavits of Rabiq V. Who were also named as plaintiffs in the action. Muhammad was dismissed by order entered July 29. Apparently those 26 additional defendants were never served with the amended complaint. They were not added to the docket. Allah was transferred from S.C.I. They argued that Allah's complaint against them should be dismissed because his claim for injunctive relief was rendered moot by his transfer and because his claims for damages were barred under the PLRA. The District Court also stated in its order that Allah's claims against defendants Al Hafeez and Ennis were dismissed </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/051746p.pdf">OPINION/ORDER</A><BR> We will grant the petition. 2 I. A. The current situation in Cote d'Ivoire was born from the increasingly divisive politics that arose following the death of its first president. Houphouet Boigny was from the southern part of Cote d'Ivoire. Which is religiously. The population of the South is predominantly Christian and animist. Is comprised of various ethnic groups. French is the primary language. The northern part of the country is predominantly Muslim in religion and Dioula and Senoufo in ethnicity. Dioula is the primary language. They seized upon the perception that northern Ivoirians have closer ethnic. Was one of several opposition parties that emerged to rally against the discrimination against northerners. Was stopped from standing in the presidential elections after doubts were raised about his nationality. Which was perceived as another instance of discrimination and human rights abuses against northerners. There was widespread suspicion. That the RDR was instrumental in the coup. Numerous human rights violations are alleged to have been committed in the suppression of the riots and rebellion. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/054545np.pdf">OPINION/ORDER</A><BR> We will deny the petition. I. Eti is a Chinese Christian citizen of Indonesia. She was born in 1970 on the island of Sumatra. She and her family were harassed by native Indonesians because they were ethnically Chinese. When she was seven years old. Her father was fatally poisoned by a neighboring business owner and. She often was harassed on public transportation by men who sometimes fondled her breasts. A group of men carrying weapons approached her saying they were going to beat up a Chinese girl. Two of her family's businesses were burned down during the riots. Eti also claims that she was persecuted on the basis of her religion. She was approached by men who threatened to assault her because of her religion. She fell as she was running away and injured herself. Eti also testified that although some of her family is Christian. Two of her brothers have converted to Islam to avoid persecution. Testified that religious tensions in Indonesia were greater than the U.S. State Department reports indicated and that he believed Eti was at high risk of suffering harm if she returned. 3 The IJ denied Eti's application for relief. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/07/03/054405P.pdf">OPINION/ORDER</A><BR> Who are Palestinian Christians. They were persecuted by Muslims because of their Christian faith and were persecuted by Israeli soldiers because of their Palestinian nationality. Quomsieh's parents' home burned after it was hit by mortar shells from crossfire between Palestinian Muslims and Israeli forces. Quomsieh's brother's family at the brother's home during a barbeque where alcohol was served. When he was discovered. Quomsieh was detained for four hours. Fayez Quomsieh ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19977013.MAN.pdf">OPINION/ORDER</A><BR> I. TPG is a telephone marketing corporation. About 60% of TPG's overall business is pre election </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/B2021DC9067E549888256AFE007E6776/$file/0035177.pdf?openelement">OPINION/ORDER</A><BR> Circuit Judge: Plaintiff Benjamin Orin was told by a community college official that he could protest abortion on campus only if he 15621 did not create a disturbance. Campus security asked Orin to leave because he was violating these conditions. We have jurisdiction. I Orin is a member of Positively Pro Life. The protest was to include display of two large posters graphically depicting aborted fetuses in various states of dismemberment. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/967091.P.pdf">OPINION/ORDER</A><BR> Published opinion issued 6/24/99 is vacated. This case was originally before the Court on appeal from a grant of summary judgment in favor of Appellees. The Court expressly declined to rule on the issue of whether application of the ADA to state prisons is a constitutional exercise of Congress' legislative power. These claims are no longer before the Court and will not be addressed further. 2 Although the issue of the constitutionality of applying the ADA and Rehabilitation Act to state prisons was not raised below. We exercise our limited discretion to consider the issue on appeal in light of the fact that the constitutionality of this federal statute is purely a question of law. Both parties have fully briefed the issue. Its resolution at this stage will advance and expedite the progress of this litigation. 488 U.S. 880 (1988) (when resolution of issue not presented below will </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca5.uscourts.gov/opinions%5Cpub%5C03/03-60789-CV0.wpd.pdf">OPINION/ORDER</A><BR> BACKGROUND Roy is a 23 year old native and citizen of India who was admitted to the United States on May 23. The Immigration Judge ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/799F81EB64FD38BD88256E6D005AA692/$file/0272110.pdf?openelement">OPINION/ORDER</A><BR> I Predrag Vukmirovic is a Bosnian Serb from BosniaHerzegovina. His father and grandfather had been members of the chekne when it was defending the region from fascist attacks during World War II. His grandparents were killed fighting German troops during this period. The purpose of the chekne when Vukmirovic was a member was to defend his town from Bosnian Croats. His town was located near Croatian communities. One of which was just across a bridge. He was unarmed during these fights. Vukmirovic was issued an order to show cause and notice of deportation hearing on January 2. It was only after the IJ concluded his questioning that he allowed Vukmirovic's counsel to begin presenting his case. The hearing was continued. The motion was denied. I'm going to have to proceed with the case. I'm going to have to deny your application for asylum. I will indicate to you the reasons why. I will have to order you deported. The solution to your problem is not with this Court. You are a Bosnian Serbian. . . . I my decision is not condemnation. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/99/06/982405P.pdf">OPINION/ORDER</A><BR> Although neither restitution nor a fine was ordered. DeShon's claim of extraordinary post offense rehabilitation was his proclaimed commitment to a Christian lifestyle. Post offense rehabilitation is one of the ways a defendant may demonstrate acceptance of responsibility warranting a reduction of the defendant's offense level. Departure under § 5K2.0 is warranted only if the defendant's efforts are exceptional enough to be atypical of the cases in which the acceptance ofresponsibility reduction is usually granted. Late a United States District Judge for the Western District of Missouri. 2 2 The evidence before the District Court was that Mr. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=03-9566.wpd">OPINION/ORDER</A><BR> That the EEOC's recognition of such a right violates the expressed will of Congress and the Tenth Amendment. The Board further argues that the EEOC erred in its determination that one of the Administrative Law Judge's ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=05-3239_032.pdf">OPINION/ORDER</A><BR> The benefits of recognition are several. If an organization is officially recognized by the law school. The upside is even more benefits. Groups that register with the No. 05 3239 3 university also get university money (it is not clear how much) and access to meeting space at the SIU student center. CLS is a nationwide association of legal professionals and law students who share (broadly speaking) a common faith Christianity. Members are expected to subscribe to a statement of faith and agree to live by certain moral principles. Is that sexual activity outside of a traditional (one man. One woman) marriage is forbidden. It explained that while </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/EE098861B420D0F288256E7D00756FC5/$file/0274091.pdf?openelement">OPINION/ORDER</A><BR> Gormley additionally claims that he experienced criminal persecution on account of his race when he was twice robbed by black men. Gormley claimed a fear of persecution </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1999/04/98-8021.htm">98-8021 -- BEAR LODGE MULTIPLE USE ASSOCIATION V. BABBITT -- 04/26/1999<BR></A><BR> Circuit Judge. <p> <hr align= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/07a0009n-06.pdf">OPINION/ORDER</A><BR> (2) his due process rights were violated by the IJ. Gonzales Elias is a native and citizen of Iraq. When Elias was ten or eleven years old. His family was forced to move to Baghdad when his father lost his job. Which Elias believes was due to his family's Christian religion. Elias lived in Iraq until he was thirteen years of age. Elias was authorized to remain in the United States until January 29. A hearing on Elias's Asylum Application was set for December 14. Claiming that his failure to timely appear was due to some unfortunate traffic incidents (i.e. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=06-9597.wpd">OPINION/ORDER</A><BR> We deny the petition for review because we agree that petitioners have not met their burden of showing past persecution or a credible threat of future persecution in Indonesia. I. Background Petitioners are natives and citizens of Indonesia. Adrian was admitted to the United States on November 26. Sihomping was admitted to the United States on July 21. Petitioners met and were married in the United States and have one daughter. Who is a United States citizen. Petitioners are both Christians who claim to have suffered past persecution by Indonesian Muslims on account of their religious faith. Ordered Petitioners to appear before the Denver Immigration Court for removal (1) This order and judgment is not binding precedent except under the doctrines of law of the case. The cause is therefore ordered submitted without oral argument. <hr> proceedings. His family were the only Christians in the community and Muslims discriminated against him. Adrian was in the parking lot of a restaurant when six men attacked and beat him. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/FD455A299283FDD088256E5A00707D44/$file/0035177.pdf?openelement">OPINION/ORDER</A><BR> Circuit Judge: Plaintiff Benjamin Orin was told by a community college official that he could protest abortion on campus only if he 15621 did not create a disturbance. Campus security asked Orin to leave because he was violating these conditions. We have jurisdiction. I Orin is a member of Positively Pro Life. The protest was to include display of two large posters graphically depicting aborted fetuses in various states of dismemberment. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/02a0170p-06.pdf">OPINION/ORDER</A><BR> Bollinger Page 3 appeal the district court's determination that the Law School's consideration of race and ethnicity in its admissions decisions violates the Equal Protection Clause of the Fourteenth Amendment and Title VI of the Civil Rights Act of 1964.1 The Law School contends that its interest in achieving a diverse student body is compelling under Regents of the University of California v. That its admissions policy is narrowly tailored to serve that interest. The Law School is joined by the Intervenors: forty one individuals and three student groups. The policy states that the Law School's </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/054703np.pdf">OPINION/ORDER</A><BR> We will vacate the order of dismissal and remand this case for further proceedings consistent with this opinion. I. Background and Procedural History As the parties are familiar with the facts and procedural posture of this case. We will provide only a brief synopsis of the events leading up to this appeal. Is the father and legal guardian of two minor children who attend school in the South Orange Maplewood School District. Stratechuk further alleges that the policy was implemented to prevent students and student groups from playing traditional Christmas music and conveys the message that Christianity is disfavored. The official policy was not properly before the District Court.1 1 The official policy is less restrictive of the use of religious music than the policy Stratechuk has alleged. The official policy specifically permits the inclusion 3 The District Court rejected Stratechuk's contention and decided that it could consider the official policy without converting South Orange Maplewood's motion into a motion for summary judgment because the policy was a matter of public record. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/4AB40E242D93895A88256F7700573155/$file/0217148.pdf?openelement">OPINION/ORDER</A><BR> With him on the briefs was Terence J. Jones seeks damages based on violations of his constitutional rights while he was confined in jail as a civil detainee. Was awaiting proceedings under California's Sexually Violent Predator Act. We have jurisdiction pursuant to 28 U.S.C. § 1291. As this is an appeal from summary judgment. Because Jones is pro se. Where such contentions are based on personal knowledge and set forth facts that would be admissible in evidence. Where Jones attested under penalty of perjury that the contents of the motions or pleadings are true and correct. 460 n.10 (9th Cir. 1995) (pleading counts as </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//dec99/98-6600.man.html">OPINION/ORDER</A><BR> Circuit Judge:</P> <P> The question presented in this appeal is whether Congress validly abrogated the states' Eleventh Amendment sovereign immunity from claims arising under the disparate impact provisions of Title VII of the Civil Rights Act of 1964. <A HREF= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/03a0314p-06.pdf">OPINION/ORDER</A><BR> Hood alleges that the permit requirements set forth in Ohio Administrative Code § 128 4 are unconstitutionally overbroad. I. Hood is a Christian pastor. The Capitol Square Review and Advisory Board (Capitol Square) is an eleven member body with the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200410481.pdf">OPINION/ORDER</A><BR> Because full relief is available under the statute. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/051245np.pdf">OPINION/ORDER</A><BR> We will deny the petition for review. Who was born in Indonesia. Testified that she had been harassed by native Indonesians since she was a student. That she had been spit on and had stones thrown at her while the name </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/06/02/043409P.pdf">OPINION/ORDER</A><BR> Alberto Gonzales has been appointed to serve as Attorney General of the United States and is substituted as the appellee pursuant to Federal Rule of Appellate Procedure 43(c). 1 applications for asylum. Setiadi's other family members are also Catholic. Setiadi alleges that Agus is a member of an extremist Muslim group. There is no allegation that Agus is affiliated with or has any influence with the Indonesian authorities. Nothing in the record indicates that any of these incidents were reported to the police. While some details of the treatment 2 Nunundhayaty received from her family are in dispute. 2 there is little doubt that her marriage to Setiadi caused considerable strife in her family. Setiadi also alleges that a friend of his father was stabbed and killed. Setiadi believed that Muslims were responsible for his death. There is no further evidence in the record concerning that death except for Setiadi's assertions. The attackers were motivated because they believed his brother was Christian. Setiadi believes his brother's attackers were Muslim. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//feb99/97-7013.opn.html">FERRILL V. PARKER GROUP (2/26/1999, NO. 97-7013)<BR></A><BR> The non moving party on this motion. </P> <P ALIGN= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/September2004/031766p.pdf">OPINION/ORDER</A><BR> The petitioner's attorney informed us that the petitioner's proper surname is </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=05-2215_021.pdf">OPINION/ORDER</A><BR> This is a disappointing case in which the efforts of this Court to go beneath the surface of things have been frustrated. Asere was originally granted asylum by an immigration judge (IJ). This decision was upheld by the BIA. I. Background Samuel Kwasi Asere is a citizen and national of Ghana. He was born in 1974 and was raised in the western region of Ghana. He lived in the town of Suraano and was a farmer before leaving Ghana. Was a fetish priest until he died on May 5. Asere was a member of this religion until he began practicing Christianity in 1990. He was baptized by a pastor in the Evangelical Trinity Church. After he was baptized. The elders of Asere's family named Asere the new fetish priest since he was the only son in the family. Agyekum is a lawful permanent resident of the United States. As the persecution he fears is not from the government or a governmentsponsored entity. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/September2004/033491np.pdf">OPINION/ORDER</A><BR> We have jurisdiction under 8 U.S.C. § 1252. We will deny Dhaliwal's petition for review. I. Because we are writing for the parties who are familiar with the record and prior proceedings. We will recite only those facts relevant to the issues now before us. Dhaliwal was the sole witness at his asylum hearing. Dhaliwal is a 49 year old native of India. Many of whom were official members of the party. Were arrested for their participation in a political demonstration against the cancellation of an election. Although almost all of those arrested were released within two days. 2 Dhaliwal claimed that he was singled out and jailed for forty five days because he was collecting funds for the party. He claims that during the period he was in jail. He was beaten once or twice a week by police. He was politically inactive for several years. He was arrested in his home after police learned that he planned to hold a religious gathering memorializing an event involving the killings of Sikhs. He testified that he was jailed for three weeks. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Aug2000/995527.txt">OPINION/ORDER</A><BR> The issue on appeal is whether a state hospital reasonably accommodated the religious beliefs and practices of a staff nurse who refused to participate in what she believed to be abortions. We will affirm. Labor and Delivery section nurses are required to assist in emergency procedures as part of their job responsibilities. Shelton is a member of the Pentecostal faith. The patient was pregnant and suffering from a ruptured membrane (which the Hospital describes as a life threatening condition). I will not participate directly or indirectly in ending a life.. . . This patient who was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/054738np.pdf">OPINION/ORDER</A><BR> We have jurisdiction to review final orders of the BIA pursuant to 8 U.S.C. § 1252. We will deny all remaining claims that are ripe for disposition. I. The parties are familiar with the facts and proceedings before the BIA and the IJ. So we will revisit them only briefly. Tjing is a Christian and an ethnic Chinese citizen of Indonesia. Tjing also claimed that he would be killed if he were to return to his native country. Tjing testified that as a child he was beaten up and taunted by his classmates for being Chinese. The petitioner also claims that in 1987 his family's home was burned by ethnic Indonesians and that the Indonesian government seized the family's land without compensation. The IJ who considered Tjing's case determined that he was ineligible for asylum because his application was not filed in a timely manner. The BIA examined the asylum claim and affirmed that Tjing's application could not be considered because it was untimely. Are not subject to any pattern or practice of discrimination in Indonesia. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/03/08/024135P.pdf">OPINION/ORDER</A><BR> The ceremony was scheduled for May 14. The separate prayers were placed on the program schedule after a meeting during which the students voted in favor of the traditional practice. Students were allowed to submit non sectarian and non proselytizing prayers for consideration. One student was ultimately selected to deliver the The Honorable Andrew W. United States District Judge for the District of Nebraska. 22 1 Invocation and a different student was selected to give the Benediction. Morton explained to the students that they were to remain standing for the Invocation after the playing of the national anthem. The ACLU informed Superintendent Randy Nelson ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/97/07/962787U.pdf">OPINION/ORDER</A><BR> Silvey is a practicing member of the Sikh Dharma sect of the Hindu religion. Not punishing other inmates who have longer hair than he. He alleged Missouri Department of Corrections (MDOC) Director Dora Schriro also was liable because Silvey had written her concerning his </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=03-3470_015.pdf">OPINION/ORDER</A><BR> Was admitted to the United States on February 8. We have substituted the current Attorney General of the United States. Sosnovskaia is a native born citizen of Ukraine. They agree that it was widespread in earlier years. As disturbing as these events are. Sosnovskaia's testimony was indeed credible and demonstrated that she had suffered past persecution. To rebut the Agency's claim that anti Semitism was on the wane in Ukraine. She argued that internal relocation was legally infeasible for her on account of Ukraine's </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/CFE5EB62AE7F83BC88256C8600540B6A/$file/0070157.pdf?openelement">OPINION/ORDER</A><BR> Partial Concurrence and Partial Dissent by Judge Paez * John Ashcroft is substituted for his predecessor. We have jurisdiction over these timely filed petitions under 8 U.S.C. § 1252(a) and 8 C.F.R. § 208.18(e). Was raised in a village within Fu Chow City. Xin Kui Yu was raised in the same village as Xu Ming Li. He was twenty two years old. He told her that her relationship with Xin was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2003/07/02-1444.htm">02-1444 -- CHANDLER V. RODRIGUEZ -- 07/17/2003<BR></A><BR> The case is therefore ordered submitted without oral argument. <p> Plaintiff Darren K. 1291 and affirm. <p> Plaintiff's complaint alleges that while he was in a prayer posture on the floor directly in front of his cell door. (2) the constitutional or statutory right was clearly established when the alleged violation occurred. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/CFA461FFB98287D4882570AE000E1261/$file/0356885.pdf?openelement">OPINION/ORDER</A><BR> Chaker was convicted by a jury for filing a knowingly false complaint of peace officer misconduct in violation of California Penal Code section 148.6(a)(1). We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253. Chaker alleged that he was strip searched by Detective Bradberry. Two days after Officer Bradberry arrested Chaker for theft of services.2 The court reasoned that the state could use the complaint as evidence of what was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/41B8A5FC508AB57B88256E220004C28C/$file/9971308.pdf?openelement">OPINION/ORDER</A><BR> The opinion is reported as Al Saher v. It is ordered that the opinion be amended to reflect the correct INS number. Which is INS No. We have jurisdiction pursuant to 8 U.S.C. § 1252(b). He was in the Iraqi military from 1984 until 1992 and thereafter until he left Iraq he was a civilian government worker assigned to work with the military. When he initially applied for military service in 1984 he claimed to be a Sunni Muslim from Baghdad even though he was a Shiite Muslim from AlBashra. He stated he misrepresented his religion and place of birth because there was discrimination against Shiite Muslims. The truth was revealed when his father completed a census form stating that his family was Shiite. 724 AL SAHER v. INS Al Saher was arrested in 1997 for misrepresenting his religion and place of birth. He was detained. The only thing I felt was getting beaten up. I felt like a ball and they were just having fun. He explained that at that time his father was trying to get in contact with high authority so that he would not be beaten up. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/055152np.pdf">OPINION/ORDER</A><BR> We will deny the petition. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/055235np.pdf">OPINION/ORDER</A><BR> We have jurisdiction over this timely petition for review of the BIA's final determination. We will deny the petition. I. Loren is an Indonesian citizen of Chinese ethnicity. He is also a Christian. Removal proceedings were instituted against him. He will face persecution and torture because of his Chinese ethnicity and his religion. Threatened them with further harm if they reported the incident to the CAT has been implemented by regulations codified at 8 C.F.R. §§ 208.16 and 208.18. 2 1 Loren was nine years old at the time. 2 police. Loren's affidavit in support of his claims stated that he was hosting a group from church at his parents' house when unidentified people outside the house chanted Islamic slogans and threw stones at the house. The extent of his injuries is not clear from the record. The men also stole his aunt's handbags.3 Loren states that the incident was reported to law enforcement but nothing happened. The extent of his injuries are not The IJ's opinion is somewhat unclear as to whether the assault and robbery on Loren's family members in 1998 occurred in one incident or two separate incidents. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/01/11/003204P.pdf">OPINION/ORDER</A><BR> Is serving a life sentence for murder. The magistrate judge recommended granting injunctive relief permitting Walker to attend Jewish services but concluded that Walker was not entitled to monetary damages. The defendants argue that Walker's claim is barred by res judicata and collateral estoppel. That Walker's claim is barred under 42 U.S.C. § 1997e(a) because Walker failed to exhaust his intra penitentiary remedies. Claiming that their First Amendment rights under the Free Exercise Clause had been violated by the requirement that the inmates prove their Jewish faith to a Jewish consultant before they could have kosher food. The district court determined that the plaintiffs' First Amendment rights were not violated because their professed Jewish beliefs were not sincerely held. The district court also determined that the restrictions imposed upon the plaintiffs were </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=02-2358.01A">OPINION/ORDER</A><BR> Kosereis is a Turkish born Muslim who works as a vocational teacher at the Training School. The Training School is a juvenile correction facility that contains both classrooms and residences. The problem became worse in the mid 1990s when Arlene Chorney ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19975121.MA3.pdf">OPINION/ORDER</A><BR> Wilson was appointed after this case was orally argued en banc. Is an active member of the court at the time the case is decided. The opinion for the Court on her sexual harassment claim is joined in full by Chief Judge Anderson and Judges Edmondson. Mendoza's employment ended because she was absent from work for three consecutive days without calling to explain her absence as required by Borden's written personnel policies. Mendoza's supervisor was Daniel Page. Page was the highest ranking Borden employee at the facility. The plant where the milk was processed constituted the majority of the facility. She testified that: the man was constantly watching me and following me around and looking me up and down. Whether it was face to face with me or as I would get up from a lunch table or from the picnic table to walk away and to go back to the office. Mendoza further explained Page's conduct: He seemed to be wherever I was in the plant. He was at a lunch table in the lunch room. When I was face to face with him. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/033491np.pdf">OPINION/ORDER</A><BR> We have jurisdiction under 8 U.S.C. § 1252. We will deny Dhaliwal's petition for review. I. Because we are writing for the parties who are familiar with the record and prior proceedings. We will recite only those facts relevant to the issues now before us. Dhaliwal was the sole witness at his asylum hearing. Dhaliwal is a 49 year old native of India. Many of whom were official members of the party. Were arrested for their participation in a political demonstration against the cancellation of an election. Although almost all of those arrested were released within two days. 2 Dhaliwal claimed that he was singled out and jailed for forty five days because he was collecting funds for the party. He claims that during the period he was in jail. He was beaten once or twice a week by police. He was politically inactive for several years. He was arrested in his home after police learned that he planned to hold a religious gathering memorializing an event involving the killings of Sikhs. He testified that he was jailed for three weeks. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//nov99/97-5121.ma3.html">MENDOZA V. BORDEN, INC. (11/16/1999, NO. 97-5121)<BR></A><BR> Mendoza's employment ended because she was absent from work for three consecutive days without calling to explain her absence as required by Borden's written personnel policies.</P> <P> During most of her tenure with Borden. Mendoza's supervisor was Daniel Page. Page was the highest ranking Borden employee at the facility. The plant where the milk was processed constituted the majority of the facility. She testified that:</P> <P> the man was constantly watching me and following me around and looking me up and down. Whether it was face to face with me or as I would get up from a lunch table or from the picnic table to walk away and to go back to the office.</P> <P>Later. Mendoza further explained Page's conduct:</P> <P> He seemed to be wherever I was in the plant. He was at a lunch table in the lunch room. When I was face to face with him. Mendoza reiterated that Page's following and watching </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19978983.MAN.pdf">OPINION/ORDER</A><BR> Circuit Judge: Alexander Williams is a Georgia death row inmate. We have previously addressed and disposed of most of his appeal from the denial of his 28 U.S.C. § 2254 petition. Assuming familiarity with that opinion we will not duplicate everything said there. We will set the stage for this opinion by summarizing briefly what we did in the earlier one. The sole exception was Williams' claim that his trial counsel. That claim was first raised by another attorney. The principal thrust of his argument is the ineffective assistance claim relating to the investigation and presentation of mitigating evidence at the sentence stage. That his claim that trial counsel Collins rendered ineffective assistance regarding mitigating circumstances cannot succeed if the only evidence considered is that which attorney Allen presented to support that claim in the new trial hearing. Williams' present counsel have brought forward a substantial amount of new evidence which they say should have been considered by the district court in deciding whether trial counsel Collins was ineffective at the sentence stage. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=03-3111_033.pdf">OPINION/ORDER</A><BR> The immigration judge denied Firmansjah's asylum request on the ground that Firmansjah was firmly resettled in Singapore prior to her arrival in the United States. We have substituted the current Attorney General of the United States. I. BACKGROUND Yulia Firmansjah was born in Indonesia and is an Indonesian citizen. She is ethnically Chinese. When she was twelve years old. After her siblings finished high school and she was already living in the United States. After riots in Indonesia in May 1998 during which ethnic Chinese persons were harmed. She stated that she had a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/03/03-1852.PDF">OPINION/ORDER</A><BR> Facts The Vladimirovas are natives and citizens of Bulgaria. The following account is taken from Ms. Vladimirova and her husband were persecuted for practicing Word of Life from the time they joined the church in 1996. Practicing the religion was illegal. Vladimirova's Word of Life group was conducting services in a remote mountainous region when No. 03 1852 3 four police officers arrived. Vladimirova and her husband were imprisoned for two nights. Vladimirova's Word of Life group was meeting at another member's apartment when police officers arrived at the door. Not realizing that she was pregnant. Administrative Proceedings No. 03 1852 The Vladimirovas were placed in removal proceedings in August 1999. Vladimirova testified to the facts that we have set forth. She also testified about her fears of what would happen if she were forced to return to Bulgaria. She could not avoid harassment simply by moving to a different area of the country because Bulgarians are required to register their address with the police within forty eight hours of an address change. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/may96/94-5114.opa.html">GROSZ V. CITY OF MIAMI BEACH<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Grosz v. We vacate the order dismissing their complaint and remand for further proceedings.<p> Armin Grosz is an Orthodox Jewish Rabbi who lives in the City of Miami Beach with his wife. Both Armin and Sara Grosz are plaintiffs below and are appellants here. For convenience we will usually refer to Armin Grosz only when discussing these parties. Members of Grosz's sect come to his home to pray because they believe their prayers are more readily answered when their prayers are recited with Grosz. Who is known as a pious rabbi. Religious services </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//may96/94-4663.ma2.html">LAWSON V. SINGLETARY<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Lawson v. Counsel was appointed. The plaintiff class represented by Lawson (hereinafter </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/03/03-1815.PDF">OPINION/ORDER</A><BR> Ghebregziabher Ghebremedhin is a native and citizen of Eritrea. Ghebremedhin conceded that he was subject to deportation but sought asylum or withholding of removal based on religious persecution. He fears returning to Eritrea because the government there is currently persecuting members of his church. Jehovah's Witnesses have been denied government jobs. Was jailed and beaten to death for failing to perform national service. That he personally was denied a business license and a renewal of his passport. Because they </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=03-2382.01A">OPINION/ORDER</A><BR> The Immigration Judge (IJ) denied his claims after finding that the petitioner was not credible and had failed. We now affirm.</P> <P ALIGN= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDAyLTQ2MTEtYWdfb3BuLnBkZg==/02-4611-ag_opn.pdf">OPINION/ORDER</A><BR> The petition for review of Zhen Hua Dong is DENIED. Xian Zou's and Shi Liang Lin's petitions are DISMISSED for lack of jurisdiction. . . . we held that a husband whose wife was forcibly sterilized could establish past persecution under this amendment to section 101(a)(42) of the [INA]. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/053513np.pdf">OPINION/ORDER</A><BR> Relief under the Convention Against Torture (CAT).1 We will deny Wijaya's petition for review. Wijaya is a citizen of Indonesia. He is ethnically Chinese and a Roman Catholic. Wijaya gave credible descriptions of several instances of violence and harassment that he believed were motivated by his ethnicity and religion. We have jurisdiction to review the final order of the BIA under 8 U.S.C. § 1252. Wijaya believed the incidents were related. Were scared away when his wife began to scream and onlookers arrived. His church in Indonesia was bombed. When asked why he believed he was targeted by extremists. Wijaya testified that he held frequent prayer meetings in his home which featured singing which was audible outside his house. His home was located near a mosque. Who was granted asylum on the basis of her religion and ethnicity. The IJ was skeptical of Wijaya's description of his reason for returning. Wijaya's wife is legally in the United States on a visitor's visa. To hold that Wijaya is entitled to relief. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/031766p.pdf">OPINION/ORDER</A><BR> The petitioner's attorney informed us that the petitioner's proper surname is </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/053817np.pdf">OPINION/ORDER</A><BR> Inquired regarding the Snyders' religious affiliation and thereaafter refused to rent them a condominium because they were Jewish. Bazargani was the owner of the condominium. Its ruling was as follows: The Pennsylvania Human Relations Act provides: </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/6B07C412D8CA2D8888256C850058E77C/$file/0016423p.pdf?openelement">OPINION/ORDER</A><BR> Bush is substituted for his predecessor. We have carefully reconsidered the question of Newdow's Article III standing in light of this custody order and affirm our holding that he has standing as a parent to continue to pursue his claim in federal court. Newdow had alleged in the district court that he was the father. This informal arrangement apparently was not subject to any custody order until February 6. To have sole legal custody as to the rights and responsibilities to make decisions relating to the health. If mutual agreement is not reached in the above. Banning may exercise legal control of [the child] that is not specifically prohibited or inconsistent with the physical custody order. The father shall have access to all of [the child's] school and medical records. Which we have granted. Banning's motion for leave to intervene presents a question of first impression in this Circuit which we are required to consider. Contending that tutoring for his dyslexic son was being provided by a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/dec99/98-6600.man.html">OPINION/ORDER</A><BR> Circuit Judge:</P> <P> The question presented in this appeal is whether Congress validly abrogated the states' Eleventh Amendment sovereign immunity from claims arising under the disparate impact provisions of Title VII of the Civil Rights Act of 1964. <A HREF= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/March2004/031406np.pdf">OPINION/ORDER</A><BR> This is a petition for review by Magda Fekry Asrail of an order of the Board of Immigration Appeals. Because the parties are fully familiar with the background facts and procedural history we need not set them forth. I. Asrail is a thirty two year old female from Egypt. Who is Coptic Orthodox Christian. Were due to her religion. She contends that she was persecuted by Islamic fundamentalists on account of her religious faith and her employment with Benetton. Her application states that the extremists </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=04-6062.wpd">OPINION/ORDER</A><BR> Plaintiffs are employees of the City of Altus. We have jurisdiction under 28 U.S.C. 1291. Approximately 29 City employees are Hispanic. All Plaintiffs are Hispanic and bilingual. Received a complaint that because Street Department employees were speaking Spanish. Other employees could not understand what was being said on <hr> the City radio. Sanchez was particularly concerned that his subordinates. The letter informed Nettles that employees had not been given proper notice if this was a new administrative policy and questioned whether Willis and the City had followed proper procedures in implementing the new policy. Sanchez reported that Willis had told him that the reason Hispanics speak Spanish </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/Sept2003/023653p.pdf">OPINION/ORDER</A><BR> Before us is the appeal by prisoners from the order of the District Court granting summary judgment to prison officials and employees as to the prisoners' claims that their constitutional rights to the free exercise of religion and equal protection have been violated by the prison's failure to provide them with meals they contend are required by their religious beliefs. All of whom are either former or current NJSP officials. The crux of Prisoners' claims is that the Prison Officials violated their constitutional rights by failing to provide them with Halal meat meals in conformity with their religious beliefs. Meat from herbivorous animals such as cows and chickens that are properly slaughtered. The opposite of Halal food is Haram food. Which is prohibited or unlawful and includes pork and meat from carnivorous animals. Halal foods can become contaminated if they are commingled with Haram items. The different diets provided by the NJSP fall into four general categories: (1) a regular meal which is served to approximately 600 inmates. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/apr2001/99-4166.man.html">UNITED STATES V. DIAZ (4/17/2001, NO. 99-4166)<BR></A><BR> The ensuing sentences ranged from a low of 188 months for Lopez to a high of 1145 months for Camacho.</SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/6A5D23B95CEB5FF388256C3D005A101D/$file/0016568.pdf?openelement">OPINION/ORDER</A><BR> We do not decide whether use of the prior findings at least in some fashion was improper use of judicial notice. We conclude the procedure adopted here was flawed because it did not meet the requirements of our fair notice doctrine. TERHUNE 14715 While appeal of that dismissal was pending. We have discretion to remand a case to the district court for further consideration when new laws likely to influence a decision have become effective during the pendency of an appeal. Whether the PLRA exhaustion requirement is a defense or a pleading requirement is an issue of first impression in this Circuit. We adopt the rule of the majority of circuits and hold that it is a defense that must be raised and proved by the defendant. Facts and Procedural Background Wyatt is an inmate incarcerated at Mule Creek State Prison in Ione. Defendants do not dispute that Wyatt's religious beliefs are sincerely held or that dreadlocks are a means of practicing the Rastafarian religion. TERHUNE are not subject to the same regulations.2 Wyatt has been disciplined by prison officials for refusing to comply with the regulations. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19978983.OPN.pdf">OPINION/ORDER</A><BR> Circuit Judge: Alexander Williams is a Georgia death row inmate. We have previously addressed and disposed of most of his appeal from the denial of his 28 U.S.C. § FILED U.S. Assuming familiarity with that opinion we will not duplicate everything said there. We will set the stage for this opinion by summarizing briefly what we did in the earlier one. The sole exception was Williams' claim that his trial counsel. That claim was first raised by another attorney. The principal thrust of his argument is the ineffective assistance claim relating to the investigation and presentation of mitigating evidence at the sentence stage. That his claim that trial counsel Collins rendered ineffective assistance regarding mitigating circumstances cannot succeed if the only evidence considered is that which attorney Allen presented to support that claim in the new trial hearing. Williams' present counsel have brought forward a substantial amount of new evidence which they say should have been considered by the district court in deciding whether trial counsel Collins was ineffective at the sentence stage. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/981465.U.pdf">OPINION/ORDER</A><BR> Unpublished opinions are not binding precedent in this circuit. Alleged that Revco's refusal to transfer him to a store in Baltimore was improperly based on his religion. Nondiscriminatory explanation for its denial of Speedone's transfer requests and that Speedone failed to create a triable dispute over whether that explanation is pretextual. There were no three pharmacist stores in Baltimore with a pharmacist2 vacancy. Speedone declined this transfer. 1 Speedone accepted the position in Hagerstown even though he resided in Baltimore. 2 Three pharmacists are needed to staff those stores in which the pharmacy is open 120 hours per week. 2 When Revco opened a new store in Hagerstown. Because Speedone was the junior pharmacist at his store. His schedule was reduced to twenty six hours per week instead of forty. Speedone acknowledged that the termination of his employment was justified. The plaintiff then must prove that this 3 Speedone was scheduled to work ten hours per week in the Baltimore store. 4 See 42 U.S.C. § 2000e 2(a) (1994). 5 See McDonnell Douglas Corp. v. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2001/03/00-2013.htm">00-2013 -- U.S. V. DUNCAN -- 03/09/2001<BR></A><BR> The grounds for its decision were </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDAzLTQxNjZfb3BuLnBkZg==/03-4166_opn.pdf">OPINION/ORDER</A><BR> Gonzales is substituted for former Attorney General John Ashcroft as Respondent. She alleges she was persecuted in her country of origin because she is a member of an ethnic and religious minority group and asserts that. She will face further persecution and possibly torture. BACKGROUND Petitioner is a 54 year old woman from the Republic of Georgia. Although her mother is Georgian. Petitioner's father was originally from South Ossetia. Harassment and even beatings </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDAzLTQxOTYgQW1lbmRlZC5wZGY=/03-4196%20Amended.pdf">OPINION/ORDER</A><BR> One of his occasional duties was to transport pregnant women to hospitals where forced abortions were performed on them in furtherance of China's family planning policies. accompanied them. He was terminated from his employment as In his application for asylum. Was expecting a child. The couple hoped to have more children. The Immigration Judge ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/aug99/97-8983.man.html">WILLIAMS V. HEAD (8/26/1999, NO. 97-8983)<BR></A><BR> Circuit Judge:</P> <P> Alexander Williams is a Georgia death row inmate. We have previously addressed and disposed of most of his appeal from the denial of his 28 U.S.C. § 2254 petition. <EM>See Williams v. Assuming familiarity with that opinion we will not duplicate everything said there. We will set the stage for this opinion by summarizing briefly what we did in the earlier one.</P> <P> In our previous opinion we affirmed the denial of habeas relief to Williams as to all but one of the claims relating to his conviction and sentence. The sole exception was Williams' claim that his trial counsel. That claim was first raised by another attorney. The principal thrust of his argument is the ineffective assistance claim relating to the investigation and presentation of mitigating evidence at the sentence stage. That his claim that trial counsel Collins rendered ineffective assistance regarding mitigating circumstances cannot succeed <EM>if</EM> the only evidence considered is that which attorney Allen presented to support that claim in the new trial hearing. <EM>See Williams v. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=04-9562.wpd">OPINION/ORDER</A><BR> Gonzales is substituted for John Ashcroft as the Respondent in this action. <hr> HARTZ. Petitioners Ivonne Tulengkey and Reynaldo Situmorang are natives and citizens of Indonesia. We have jurisdiction under 8 U.S.C. 1252(a). Tulengkey was admitted to the United States on May 2. The case is therefore ordered submitted without oral argument. (1) Ms. 120 n.2 (10th Cir. 1991) ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/061330np.pdf">OPINION/ORDER</A><BR> We will deny the petition for review. Keyrupyan was born in Indonesia in 1974 and is a Christian of Chinese ethnicity. She remains in the United States and is not currently detained. Keyrupyan was the only witness. As a number of the worshipers were leaving the church to go to dinner together. Keyrupyan was originally supposed to ride in that same car but decided to ride with others and so avoided injury. 2 Third. A native Indonesian motorcyclist in Jakarta had hit her while she was crossing the street. The IJ determined that Keyrupyan was a credible witness. The IJ determined that the incidents described by Keyrupyan were not sufficient to establish past persecution. The IJ concluded that Keyrupyan did not have a basis for a well founded fear of future persecution. We have jurisdiction pursuant to 8 U.S.C. § 1252. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDAyLTQ2MTEtYWdfb3BuLnBkZg==/02-4611-ag_opn.pdf">OPINION/ORDER</A><BR> The petition for review of Zhen Hua Dong is DENIED. Xian Zou's and Shi Liang Lin's petitions are DISMISSED for lack of jurisdiction. . . . we held that a husband whose wife was forcibly sterilized could establish past persecution under this amendment to section 101(a)(42) of the [INA]. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=91-2055.01A">OPINION/ORDER</A><BR> Is The opinion of this Court issued on September 30. Is amended as follows: amended as follows: On page 20. With whom Miriam Kelliher was on brief for petitioner. Were on brief for respondent. *Of the District of Rhode Island. We have jurisdiction to hear his appeal pursuant to Section 106(a) of the Immigration and Nationality Act ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=92-1447.01A">OPINION/ORDER</A><BR> Is amended as follows: Page 50. Delete the sentence that starts with </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=92-1633.01A">OPINION/ORDER</A><BR> Smith & Cohen were on brief. Was on brief. The second of two successive appeals from a certification of extraditability is within our jurisdiction. BACKGROUND The seeds of this appeal were sown on June 1. Charges were preferred. Howard was apprehended. Who is black. Together with an order of commitment.1 See 18 U.S.C. 3184. 1The magistrate found that all the basic prerequisites to extradition had been fulfilled in that the United States and the U.K. are parties to an extradition treaty. A criminal charge is pending against Howard in the U.K. The charged offense is an extraditable crime under the treaty. The person charged is the same person whom the government wants extradited. An arrest warrant is outstanding. None of these findings are contested on appeal. 3 Howard appealed. Murder was an extraditable offense. Instruments of ratification were exchanged on December 23. APPELLATE JURISDICTION The Supplementary Treaty stipulates that the trier's findings with regard to an article 3(a) defense are </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/may96/94-4663.ma2.html">LAWSON V. SINGLETARY<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Lawson v. Counsel was appointed. The plaintiff class represented by Lawson (hereinafter </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19986600.MAN.pdf">OPINION/ORDER</A><BR> Circuit Judge: The question presented in this appeal is whether Congress validly abrogated the states' Eleventh Amendment sovereign immunity from claims arising under the disparate impact provisions of Title VII of the Civil Rights Act of 1964. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2002/04/00-1515.htm">00-1515 -- BRYCE V. EPISCOPAL CHURCH IN THE DIOCESE OF COLORADO -- 04/30/2002<BR></A><BR> Aidan's Church asserts that the First Amendment bars plaintiffs' sexual harassment claims because the remarks were made as part of ecclesiastical discussions on church policy towards homosexuals. Bryce was a Christian and had substantial experience in church leadership. Though she was neither an ordained minister nor a member of the Episcopal Church. Where Smith is an ordained minister. Smith is not associated with St. They informed her that she would be terminated as Youth Minister effective June 1999 because she was violating Episcopal doctrine. Aidan's. <p> Episcopal doctrine on homosexuality is articulated in the Lambeth Resolution. Which is the result of a conference of bishops from the worldwide Anglican communions held every ten years in Lambeth. Believes that abstinence is right for those who are not called to marriage. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/nov99/97-5121.ma3.html">MENDOZA V. BORDEN, INC. (11/16/1999, NO. 97-5121)<BR></A><BR> Mendoza's employment ended because she was absent from work for three consecutive days without calling to explain her absence as required by Borden's written personnel policies.</P> <P> During most of her tenure with Borden. Mendoza's supervisor was Daniel Page. Page was the highest ranking Borden employee at the facility. The plant where the milk was processed constituted the majority of the facility. She testified that:</P> <P> the man was constantly watching me and following me around and looking me up and down. Whether it was face to face with me or as I would get up from a lunch table or from the picnic table to walk away and to go back to the office.</P> <P>Later. Mendoza further explained Page's conduct:</P> <P> He seemed to be wherever I was in the plant. He was at a lunch table in the lunch room. When I was face to face with him. Mendoza reiterated that Page's following and watching </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/00/03/992334P.pdf">OPINION/ORDER</A><BR> I. This is the second appeal in the Klan's effort to participate in the Adopt AHighway program. We emphasized that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=06-4066.wpd">OPINION/ORDER</A><BR> The case is therefore ordered submitted without oral argument. This order and judgment is not binding precedent. Are not compensated by the Church. It is apparent that he has an emotional or psychological deficit. Have not personally verified that he has been hospitalized for schizophrenia & that he has something called a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19986600.OPN.pdf">OPINION/ORDER</A><BR> Circuit Judge: The question presented in this appeal is whether Congress validly abrogated the states' Eleventh Amendment sovereign immunity from claims arising under the disparate impact provisions of Title VII of the Civil Rights Act of 1964. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDAyLTQ4NTlfb3BuLnBkZg==/02-4859_opn.pdf">OPINION/ORDER</A><BR> Is a male native and citizen of Burma. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcU1VNXDA1LTMxNDctYWdfc28ucGRm/05-3147-ag_so.pdf">OPINION/ORDER</A><BR> IJ A78 746 869 UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER THIS SUMMARY ORDER WILL NOT BE PUBLISHED IN THE FEDERAL REPORTER AND MAY NOT BE CITED AS PRECEDENTIAL AUTHORITY TO THIS OR ANY OTHER COURT. It is hereby ORDERED. DECREED that the petition for review of the Board of Immigration Appeals ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2001/05/99-3076.htm">99-3076 -- SEARLES V. VANBEBBER -- 05/14/2001<BR></A><BR> Who were the warden and the deputy warden at HCF. <p> <center><strong>I</strong></center> <p> <center><strong>A</strong></center> <p> Plaintiff Searles had been in the Kansas prison system since 1989 and had originally listed his religious preference as Baptist. Plaintiff was transferred from HCF to the facility in El Dorado. Plaintiff's requests were immediately granted by the El Dorado chaplain. An inmate wishing to join a religious group other than that which was his original preference may be required to participate in the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=94-1235.01A">OPINION/ORDER</A><BR> Was on brief. Two issues the exclusion of expert evidence attempting to establish an insanity defense based on Posttraumatic Stress Disorder claimed to have resulted from military service in Vietnam and the prosecutor's ill considered reference to religion in his closing argument merit close discussion. That defendant Carlos Lugo L pez was interested in selling kilogram quantities of cocaine. Malav told Lugo L pez that he could page Mor n (whom Malav said would handle the money) when he was ready to make the transactions. Lugo L pez left a message for Mor n that the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/feb99/97-7013.opn.html">FERRILL V. PARKER GROUP (2/26/1999, NO. 97-7013)<BR></A><BR> The non moving party on this motion. </P> <P ALIGN= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDAzLTQxOTYgQW1lbmRlZC5wZGY=/03-4196%20Amended.pdf">OPINION/ORDER</A><BR> One of his occasional duties was to transport pregnant women to hospitals where forced abortions were performed on them in furtherance of China's family planning policies. accompanied them. He was terminated from his employment as In his application for asylum. Was expecting a child. The couple hoped to have more children. The Immigration Judge ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/034288np.pdf">OPINION/ORDER</A><BR> W e have jurisdiction under 8 U.S.C. § 1252(a). We will deny the petition for review. She was placed in removal proceedings. Our recitation of the facts will be limited to those necessary to our determination. Were evidence of harassment as a result of her ethnicity and religious beliefs. Is also a part of Ms. His claims are derivative of Ms. The IJ found that Ie failed to establish her eligibility for asylum on the grounds that there was no basis to conclude that Ie had suffered past persecution in her home country or that she will suffer future persecution on the basis of her ethnicity or religion. The IJ also held that Ie failed to demonstrate that she was under a discernable threat of torture should she return to Indonesia and. The IJ's order denying Ie's application for asylum and withholding of removal to Indonesia and denying her relief under the CAT was affirmed without opinion by the Board of Immigration Appeals ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA1LTIyMjMtY3Jfb3BuLnBkZg==/05-2223-cr_opn.pdf">OPINION/ORDER</A><BR> The defendants are currently serving their sentences. Is punishable as a principal. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2000/06/99-1383.htm">99-1383 -- BEIERLE V. ZAVARES -- 06/12/2000<BR></A><BR> The cases are therefore ordered submitted without oral argument. <p> Plaintiff appellant Donald Ray Beierle. We affirm in part and reverse and remand in part. <p> <center><strong>Facts</center> </strong> <p> Because this case was dismissed before defendants were served or responded. The following recitation of the facts is that of Mr. He was originally incarcerated at Fremont Correctional Facility. He was placed on a waiting list to begin the program. Beierle was transferred to Arrowhead Correctional Center. Beierle was hired to work in the kitchen. He was falsely accused of giving too much attention to a . His requests were ignored. Morrow was sick that day and did not attend the . This was also the time that Mr. Beierle's work schedule was changed to include his Sabbath. His schedule was subsequently changed back to avoid his Sabbath. <p> On November 1. Beierle was working in the kitchen with Sgt. . Beierle claimed he was placed in the position of either breaking the rules by leaving his job early and unfinished. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//aug99/97-8983.man.html">WILLIAMS V. HEAD (8/26/1999, NO. 97-8983)<BR></A><BR> Circuit Judge:</P> <P> Alexander Williams is a Georgia death row inmate. We have previously addressed and disposed of most of his appeal from the denial of his 28 U.S.C. § 2254 petition. <EM>See Williams v. Assuming familiarity with that opinion we will not duplicate everything said there. We will set the stage for this opinion by summarizing briefly what we did in the earlier one.</P> <P> In our previous opinion we affirmed the denial of habeas relief to Williams as to all but one of the claims relating to his conviction and sentence. The sole exception was Williams' claim that his trial counsel. That claim was first raised by another attorney. The principal thrust of his argument is the ineffective assistance claim relating to the investigation and presentation of mitigating evidence at the sentence stage. That his claim that trial counsel Collins rendered ineffective assistance regarding mitigating circumstances cannot succeed <EM>if</EM> the only evidence considered is that which attorney Allen presented to support that claim in the new trial hearing. <EM>See Williams v. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/061539np.pdf">OPINION/ORDER</A><BR> We will affirm. The issues before us in this appeal are whether the District Court erred in granting summary judgment on Iyer's claims related to his application for the attorney position. It is unclear from the record how his complaints were resolved. The posting stated that the IRS was seeking applicants who had recently completed or were currently enrolled in an LLM taxation program. Who were interested in taxation and litigation. The posting stated that experience was preferred. Iyer was admitted to the bar. He did not have a LLM. He was not asked to interview. Was enrolled in a LLM taxation program. Venzie's law school grades were not strong. Iyer was required to establish some causal nexus between his membership in a protected class and the decision not to hire him. Iyer's evidence of discrimination consisted solely of his own assertion that he was not hired because of his age. There is no evidence of Beyer's or Venzie's age. Other than Iyer's testimony that Beyer is white. Or religion when he reviewed the job applications.2 The District Court also did not err in granting summary judgment on Iyer's claim that he was not hired for the attorney position in retaliation for his EEOC complaints. 1 McDonnell Douglas Corp. v. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/05a0021n-06.pdf">OPINION/ORDER</A><BR> Because Ploscowe has failed to establish that KBC's proffered reasons for his termination were pretextual. Ploscowe was hired by KBC. Ploscowe was 49 years old at the time he was hired. Ploscowe was responsible for purchasing a range of items. The result of this decision was the Ploscowe was actually hired by. Will refer to the plaintiff's employer as KBC. 2 1 No. 03 4341 Ploscowe v. Ploscowe was chosen for termination. Ploscowe was notified of his anticipated layoff on November 3. A memo alleging that he was selected for termination because of his age and religion. He was replaced by Ed Healy. Cadle was not replaced a level of management was simply eliminated and Ploscowe. 2 was hired on March 12. KBC states that in early 2001 there was a dramatic reduction in the demand for papermaking equipment.3 JA 59. One month after Harper was hired. The age and seniority of the six buyer/planners working for KBC in April of 2001 are as follows: 1. Harper is listed as 40 years old at the time he was hired. There is a chart in the record stating that Harper was age 40 at the time of hire. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/034330np.pdf">OPINION/ORDER</A><BR> We will deny the petition for review. I. Nata is a native and citizen of Indonesia who entered the United States as a nonimmigrant visitor. He was placed in removal proceedings. Our recitation of the facts will be limited to those necessary to our determination. Was unable to describe any specific problems he personally experienced as a result of his religion. The only element in Nata's testimony relating to persecution on the basis of his religion was that many people were </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/05a0779n-06.pdf">OPINION/ORDER</A><BR> Appears to have no explanation. Mirza is an Assyrian Christian. Finding that he was not credible. The affidavits were all to the effect that Mirza's father had been killed because of his religion and because of his public complaints about the treatment of Assyrian Christians in Iraq. The BIA's explanation for denying the motion reads as follows: This matter was last before the Board on March 12. The motion to reopen will be denied. A motion to reopen under 8 C.F.R. § 1003.2(c) will not be granted unless the movant establishes a prima facie case of eligibility for the underlying relief sought. We will reopen deportation proceedings on the basis of new evidence only where the new facts alleged. Although the new evidence presented by [Mirza] continues to show that the current conditions in Iraq are turbulent. [Mirza] has not adequately demonstrated that his situation is appreciably different from the dangers faced by all his countrymen. A motion to reopen requires the BIA to consider new evidence only when it </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/August2004/023947p.pdf">OPINION/ORDER</A><BR> Although Blackhawk is a Lenape Indian by birth. He was adopted by elders of the Oglala Lakota and Seneca tribes. Lakota tribal elders concluded that the dream was a prophesy and predicted that Blackhawk would derive spiritual power from the animals. Annual fees ranging from $25 to $300 are collected for these permits. Circuit Judge: This is an appeal by officials of the Pennsylvania Game Commission from an order permanently enjoining them from enforcing a permit fee provision of the state Game and Wildlife Code against Dennis Blackhawk on the ground that the Commission's current waiver policy violates his right to the free exercise of religion. Blackhawk in turn cross appeals the District Court's holding that the Game Commission officials are not personally liable for violating his rights. Game fee is $50. Merluzzi informed Blackhawk that Native Americans who possess a Bureau of Indian Affairs identification card are entitled to some exemptions under federal law. Ann. § 2901(d) because the Commission regarded the keeping of wild animals in captivity as inconsistent with sound game and wildlife management activities unless the animals were intended for release into the wild. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/common/opinions/200005/99-5097a.txt">OPINION/ORDER</A><BR> May were on the briefs. Were on the brief. Levin and Janet LaRue were on the brief for amici curiae Landmark Legal Founda tion and Family Research Council Ayesha N. Henderson were on the brief for amici curiae Americans United for Separation of Church and State and People for the American Way Foundation. (3) it was the victim of selective prosecution in violation of the Fifth Amendment. Because these objections are without merit. Contribu tions to such organizations are also deductible from the donating taxpayer's taxable income. Although most organizations seeking tax exempt status are required to apply to the Internal Revenue Service ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=04-9556.wpd">OPINION/ORDER</A><BR> The case is therefore ordered submitted without oral argument. Sah was born in India in 1964 and came to the United States in 1990. He is Hindu.(1) Shortly before his entry visa expired in 1991. He was active in a group called Vishwa Hindu Parishad (Vishwa). Is an organization committed to Hindu nationalism. Sah stated that Vishwa was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=03-9607.wpd">OPINION/ORDER</A><BR> The case is therefore ordered submitted without oral argument. Which dismissed his appeal from an (1) This order and judgment is not binding precedent. We have jurisdiction. Petitioner is a native of Indonesia who entered the United States in December 2000 and overstayed his six months' visitor's visa. Petitioner claimed that he suffered past persecution in Indonesia because of race (his grandparents were from China) and his Christian religion (Indonesia is predominantly Muslim). He said he was forced to learn the Muslim religion in elementary school. Petitioner's car tires were flattened and. They were robbed by Indonesians. His wallet was once stolen while he was stopped at a red light. Petitioner's shop was looted and burned. That the government was unwilling or unable to control the Indonesian Muslims who persecuted him. The IJ found that the attacks against petitioner were acts of robbery by common criminals. Committed not because he was of Chinese (1) </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="ftp://opinions.ca5.uscourts.gov/byDate/Oct2004/Oct20/03-60789-CV0.wpd.pdf">OPINION/ORDER</A><BR> BACKGROUND Roy is a 23 year old native and citizen of India who was admitted to the United States on May 23. The Immigration Judge ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/870C17829A420BDA882572DC0051EC26/$file/0456916.pdf?openelement">OPINION/ORDER</A><BR> Sex and whether children will live in the household. Listing compatible members who have places to rent out. One of Congress's goals in adopting this provision was to encourage </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/04a0027p-06.pdf">OPINION/ORDER</A><BR> BACKGROUND Petitioner is a thirty nine year old native and citizen of Iran. He was admitted to the U.S. on June 17. Was placed in deportation proceedings. In the aftermath of the Iranian Revolution (after the Shah was overthrown and the U.S. hostages were taken. Who was 16 years old at the time. Its history is studded with anti Western activity. MEK is a terrorist group currently designated by the Secretary of State as a Foreign Terrorist Organization under INA section 219. Petitioner's stated reason for affiliating was the religious nature of the organization that corresponded with his personal upbringing. Petitioner asserts that he was never a formal member of MEK. Petitioner was arrested in Ghom. He was charged with possession of a gun and a hand grenade during a demonstration and sentenced to life in prison after a thirty This Court takes judicial notice of the fact that today Ghom is a city of approximately 800. 000 people located 100 miles southwest of Tehran (pop. 8 million). 1 There was a confusion during Petitioner's testimony about what type of an election he participated in. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=04-9513.wpd">OPINION/ORDER</A><BR> The case is therefore ordered submitted without oral argument. (1) On February 4. Gonzales is substituted for John Ashcroft as the Respondent in this action. (2) This order and judgment is not binding precedent. We have jurisdiction to review the petition pursuant to 8 U.S.C. 1252(a). The INS commenced removal proceedings under 8 U.S.C. 1227(a)(1)(A) on the ground that petitioner was an alien inadmissible at the time of entry because he lacked a valid visa or other entry document as required by law. His mother is Jewish. Was baptized a Christian and is a member of the Armenian Orthodox Church. He and his parents were involved in anti Communist activities. His father was arrested and sentenced to three years in prison for his involvement with the Dashnak party. His mother was arrested because her print shop published materials critical of the Armenian president. She was detained for two months and released after his father paid police a 2000 ruble bribe. Petitioner was arrested in 1984 and detained for one week for distribution of fliers considered by the government to be restricted material because they advocated independence from the Soviet Union. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Aug1999/981327.txt">OPINION/ORDER</A><BR> S 1985 and state law.1 Hankins's primary allegations are that the City denied him a promotion to become the Director of its AIDS Activities Coordinating Office ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Aug1996/96a1395p.txt">OPINION/ORDER</A><BR> Hutchinson was a member of the original panel which heard argument in this appeal on January 24. Before the appeal was resolved. Chief Judge Sloviter was designated to serve in his place on the reconstituted panel. ** Judge Sarokin heard argument but retired from office prior to the issuance of the opinion. It is clear that the language of Title VII is violated when an employer makes an employment decision based upon an employee's race. That Title VII's prohibition against racial discrimination is not violated by affirmative action plans which first. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcU1VNXDA1LTM1OTlfc28ucGRm/05-3599_so.pdf">OPINION/ORDER</A><BR> IJ A 79 429 595 UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER THIS SUMMARY ORDER WILL NOT BE PUBLISHED IN THE FEDERAL REPORTER AND MAY NOT BE CITED AS PRECEDENTIAL AUTHORITY TO THIS OR ANY OTHER COURT. It is hereby ORDERED. DECREED that the petition for review is DENIED. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Petitioner Yun Yan Zou. We will vacate and remand for further proceedings if the agency's reasoning or its fact finding process was sufficiently flawed and we cannot </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=03-2485.01A">OPINION/ORDER</A><BR> Alleging that he was an alien removable for staying beyond the term of his visitor's visa.<A HREF= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/042656p.pdf">OPINION/ORDER</A><BR> Who was born in China on October 1. Is the older of two children. His sister was born in February 1988. Before his sister was born. The government is not challenging Wang's credibility in these proceedings. We will state the facts according to his testimony during his administrative hearing at which he was the only witness. 2 parents lack formal education and do not speak Mandarin Chinese. Wang's parents were unaware of the policy until after his sister was born. Does not claim that the government imposed the fine on him or that he was responsible for its payment. It is clear that the authorities did not direct their actions at Wang. While Wang's father was in 2 AR refers to the administrative record. 3 Argentina he was kidnapped. Wang's father returned to China in 1995 but was not arrested or detained on his return. Was able to recover blankets from the home and subsequently relocated. The Wangs' previous residence was comprised of two stories and several rooms. At JFK International Airport where he was detained. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/05a0908n-06.pdf">OPINION/ORDER</A><BR> The INS determined Qumseya was ineligible for asylum and initiated removal No. 04 4052 Qumseya v. Protection under the Convention Against Torture Qumseya testified that his hometown was under Israeli occupation and that his family home had been shelled its windows blown out and its foundation split apart. Qumseya also testified he was not permitted to travel to Jerusalem to pray because of Israeli erected barricades. A. Asylum The IJ determined that Qumseya failed to establish eligibility for asylum because he </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/042660np.pdf">OPINION/ORDER</A><BR> We will deny the petition for review. An alien must prove that he/she is a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/042961np.pdf">OPINION/ORDER</A><BR> Petitioners are husband and wife. They are natives and citizens of Indonesia who overstayed their non immigrant visitor visas. They are of Chinese ethnicity and the 1 Christian religion. Their request for asylum was untimely and is not before us. That female petitioner was accosted and threatened in 1992. Petitioners were robbed. These incidents were attributed to their ethnic Chinese appearance. Petitioners testified that it was futile to go to the police because they were known to ask for money and to not act in response to reports. Are practicing Christians. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2001/07/00-9516.htm">00-9516 -- DOLDEMESKEL V. IMMMIGARATION & NATURALIZATION SERVICE -- 07/25/2001<BR></A><BR> Is a native and citizen of Ethiopia. Woldemeskel claimed that she was the victim of past persecution under the Mengistu regime and that she feared future persecution under the Transitional Government of Ethiopia (TGE). Woldemeskel for twelve months because she was believed to be a member of a political opposition group called the Ethiopian People's Revolutionary Party (EPRP). She was threatened often with a gun and tortured by prison authorities who gagged her. Woldemeskel does not claim to have suffered further persecution. Asserting that she and her husband were fired as a result of their Amhara heritage. She and her husband were members of a political opposition group called the All Amhara People's Organization (AAPO). He was allegedly arrested by the TGE in 1992. Because she was unable to obtain visas for her children. Although persecution is not explicitly defined. We have observed that it requires the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/06a0732n-06.pdf">OPINION/ORDER</A><BR> We deny his petition for review of the rejection of his claim for withholding of removal because he failed to present compelling evidence that there is a clear probability that he will be subject to persecution if he is forced to return to Albania on account of his race. Sinojmeri at his evidentiary hearing are undisputed. He is a native and citizen of Albania. He was born in Gjirokastra. Sinojmeri was handed a letter by a teenager. The messenger informed him that it was from someone named </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/042999p.pdf">OPINION/ORDER</A><BR> The issue in this appeal is whether. We conclude that Honduran street children are not a particular social group within the terms of the Act and therefore we will deny the Petition for Review of the Board of Immigration Appeals. Is a native of Honduras. He was forced to share a small house with his maternal grandparents and other relatives in the Department of Olancho. While he was living with his extended family. When he was approximately nine years old. Some of which were fatal. He eventually contacted his mother who was living in the United States and met her in Tijuana 1 . He was thirteen years old. He was not inspected or admitted by an immigration officer at his point of entry. The record of Escobar's activity in this country is sparse. He eventually lived in Texas with a relative until he was taken into custody by the former INS in March 2003. The IJ concluded Escobar's claims for asylum and withholding of removal were based on membership in a cognizable social group comprised of </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/A42BA96D3F6687AC88257187007B769B/$file/0273420.pdf?openelement">OPINION/ORDER</A><BR> With her on the briefs were Peter D. State Department's 1997 Romania Country Report on Human Rights Practices ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/june95/94-2976.opa.html">CHEFFER V. RENO<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Cheffer v. They urge that the Act is vague and overbroad. Appellants argue that the Access Act is unconstitutional because it imposes excessive fines and is cruel and unusual under the Eighth Amendment.<a href= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/06a0306n-06.pdf">OPINION/ORDER</A><BR> Et al. are citizens of Albania. Ivzi is Adriatik's father. Ivzjol and Miranda are Adriatik's wife and child. They came from a wealthy family and were involved in political activities during and after the communist government. Much of it under the communist regime that was hostile to the Nazarko family and other </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/04a0396p-06.pdf">OPINION/ORDER</A><BR> Is a native and citizen of Yugoslavia. (3) that the denial of asylum by the Immigration Judge ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//july98/97-5304.man.html">ISKCON MIAMI, INC. V. METRO. DADE COUNTY (7/27/1998, NO. 97-5304)<BR></A><BR> In addition to arguing that the bans on solicitation and sale of literature are unconstitutional restrictions on speech. ISKCON argues that the areas within MIA where ISKCON may distribute free literature are inadequate and that County regulations impermissibly grant the Director of MIA unfettered discretion to select the areas for such First Amendment activity.</P> <P><CENTER>BACKGROUND</CENTER> </P> <P> In June 1995. Made only after a finding by the Director that the restrictions are necessary to avoid injury. Krishna adherents are required to venture into public places to distribute religious literature and solicit support for the religion. Shortly after the new regulations were passed. Waiting areas are located. We are guided by the Supreme Court's decisions in <EM>International Society for Krishna Consciousness. Regulations on speech in traditionally public fora such as municipal sidewalks and parks are subject to strict scrutiny. As are regulations in fora designated by the government to be used for expressive activities. <EM>Id.</EM> at 678. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/04a0048n-06.pdf">OPINION/ORDER</A><BR> This is an immigration case in which the alien petitioner Xiu Ming Chen. Thus the Immigration Judge's decision is the final agency order for purposes of review. Despite evidence that she was not allowed to continue her education because of her parents' criminal convictions for violating China's family planning policy and fraud. For which they were The Honorable James G. She was apprehended immediately. Who have four children. For which her father was fined 5. Chen's parents were later convicted of fraud for a bait and switch scheme unrelated to the family planning violation. Chen's father was arrested in October. Her mother fled and was not found and arrested until 1996. Both Chen's parents were sentenced to jail for one year as a result of these convictions. 1 This Court has jurisdiction to review the denial of asylum under 8 U.S.C. § 1252(a)(1). 2 The Immigration Judge found that Chen's parents were political criminals in the sense that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcU1VNXDA1LTMwOTFfc28ucGRm/05-3091_so.pdf">OPINION/ORDER</A><BR> IJ A16 041 285 UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. IS PERMITTED AND IS GOVERNED BY THIS COURT'S LOCAL RULE 0.23 AND FEDERAL RULE OF APPELLATE PROCEDURE 32.1. UNLESS THE SUMMARY ORDER IS AVAILABLE IN AN ELECTRONIC DATABASE WHICH IS PUBLICALLY ACCESSIBLE WITHOUT PAYMENT OR FEE (SUCH AS THE DATABASE AVAILABLE AT http://www.ca2.uscourts.gov/). THE PARTY CITING THE SUMMARY ORDER MUST FILE AND SERVE A COPY OF THAT SUMMARY ORDER TOGETHER WITH THE PAPER IN WHICH THE SUMMARY ORDER IS CITED. IF NO COPY IS SERVED BY REASON OF THE AVAILABILITY OF THE ORDER ON SUCH A DATABASE. THE CITATION MUST INCLUDE REFERENCE TO THAT DATABASE AND THE DOCKET NUMBER OF THE CASE IN WHICH THE ORDER WAS ENTERED. Gonzales is automatically substituted for former Attorney General John Ashcroft as a respondent in this case. 1 Department of Homeland Security. It is hereby ORDERED. That the petition for review is GRANTED. The BIA's order is VACATED. The case is REMANDED for further proceedings consistent with this opinion. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/043173np.pdf">OPINION/ORDER</A><BR> The facts upon which the petition is based are tersely stated in Judhiawan's brief as follows: Petitioner had been forced to endure persecution and humiliation during his life in Indonesia from native Indonesians. This persecution stemmed from the fact that Petitioner was ethnic Chinese and Christian. Petitioner and his family were not free to practice their religion in Indonesia. Petitioner has been extorted since he was at school. His family business was looted and burned during the 1998 riot. As he and his family have had been repeatedly threatened by the Native Indonesian. He was forced to study Islam against his will (NT. Was struck by a native Indonesian in the eye when he told the assailant that he had no money to give him. He and his mother were riding on a motorcycle and passed a police officer. Which he did not have with him. The incident came to an end but not before the officer told Judhiawan that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//june95/94-2976.opa.html">CHEFFER V. RENO<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Cheffer v. They urge that the Act is vague and overbroad. Appellants argue that the Access Act is unconstitutional because it imposes excessive fines and is cruel and unusual under the Eighth Amendment.<a href= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=92-1678.01A">OPINION/ORDER</A><BR> Is amended as follows: Page 3. Is amended as follows: Page 21. Were on brief for respondent. Petitioner's principal argument is that he is eligible for asylum as a result of the detention and torture visited upon him as a means of persecuting his brother. We hold that petitioner is statutorily eligible for asylum and that he is entitled to a meaningful opportunity to respond to extra record facts noticed by the Board. BACKGROUND1 BACKGROUND Petitioner is an Ethiopian alien of Amhara descent. He was born in 1960 in Addis Ababa. Since neither the underlying facts nor petitioner's credibility are in dispute. We lay out the facts as described by petitioner's testimony and other information in the record submitted by him. 2 2 never suffered physical harm or a deprivation of liberty until he was older.2 Petitioner was allowed to finish his education. He received an engineering degree from the University of Addis Ababa and was ordered to work at the Ethiopian Construction Authority. The military authorities arrested petitioner's father and younger brother as they were participating in a Seventh Day Adventist service.3 It is undisputed that the father and brother were persecuted. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/dc/opinions/97opinions/97-5347a.html">BROWN REGINA C V. BRODY KENNETH D<BR></A><BR> With him </P> <P>on the briefs was Michael P. With him on the brief were Wilma A. </P> <P>Lewis. Circuit Judge: This is an appeal from an order </P> <P>of the district court. We affirm the district court's order granting sum </P> <P>mary judgment for the Bank because Brown has failed to </P> <P>allege any legally cognizable adverse employment action and </P> <P>because her attempts to discredit the Bank's account of its </P> <P>employment decisions as a web of pretextual artifice is thor </P> <P>oughly unconvincing.</P> <P> I</P> <P> Brown </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/99/08/983875P.pdf">OPINION/ORDER</A><BR> I. Floyd is a blind Turkish Muslim who was employed by Rehabilitation Services for the Blind (RSB). She and four others were interviewed for the position. Three additional candidates were recruited to apply. Floyd and two candidates from the second group were selected for a final interview. It was evaluated by Dave Vogel. The final hiring decision was to be made by Vogel. Alleging that the position was offered to a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/A108E25BD9F7F07E88256E5A00707C18/$file/0016708.pdf?openelement">OPINION/ORDER</A><BR> FACTUAL AND PROCEDURAL BACKGROUND Solano is a medium security prison about thirty five miles southwest of Sacramento. 800 are enrolled in the prison's work incentive program. Being late or </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=95-1275.01A">OPINION/ORDER</A><BR> Straub and Straub & Meyers were on joint brief for appellees Chelmsford School Committee. Susan Wunsch and Massachusetts Civil Liberties Union Foundation were on brief for appellees Michael Gilchrist and Judith Hass. The plaintiffs are two minors TORRUELLA. The minors allege that they were compelled to attend an indecent AIDS and sex education program conducted at their public high school by defendant Hot. BACKGROUND BACKGROUND The plaintiffs are Chelmsford High School students Jason P. Both students were fifteen years old at the time. The Program was staged by defendant Suzi Landolphi ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/05a0191n-06.pdf">OPINION/ORDER</A><BR> Fawaz Mohammed Damrah was found guilty of unlawfully obtaining citizenship in violation of 18 U.S.C. § 1425 by making false statements in a citizenship application and interview. Damrah was sentenced to two months of incarceration. A naturalization interview was conducted on December 17. He was naturalized on April 24. Damrah was involved in establishing the New York office of Afghan Refugee Services. Damrah was an initial director of ARS and traveled around the United States with the leader of ARS raising money for the organization. Damrah's 1990 departure from the Al Farooq Mosque resulted from a dispute over the use of contributions to ARS after the Soviets were expelled from Afghanistan in February 1989. Damrah was also involved with the Palestinian Islamic Jihad ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=97-1084.01A">OPINION/ORDER</A><BR> ERRATA SHEET ERRATA SHEET The opinion of the court is corrected as follows: On p.10. Assistant United States Attorney were on brief. Silverglate and Silverglate & Good were on brief. Lui's petition for habeas corpus was premised on the fact that the reversion of Hong Kong to the People's Republic of China will take place on July 1. It will be impossible for the Crown Colony to try and to punish Lui before that date. The United States argues that Lui is within the literal terms of the extradition treaties between the United States and the United Kingdom. An argument which is surely wrong. Lui's more serious argument is that the Senate. The treaties give the courts a greater role when such considerations are present. Lui's posture is that of one charged with an ordinary crime. His claim is that to surrender him now to Hong Kong is. Could not have intended such a result. The Senate was well aware of the reversion when it approved a supplementary treaty with the United Kingdom in 1986. The Senate could easily have sought language to address the reversion of Hong Kong if it were concerned. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/docs/common/opinions/200603/05-5031a.pdf">OPINION/ORDER</A><BR> With her on the brief were Kenneth L. I. Background Randy Webman and Larry Rozen were imprisoned for fraud and other offenses at the Federal Correctional Complex in Coleman. Rozen was released in 2001. Webman and Rozen </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=03-5019.wpd">OPINION/ORDER</A><BR> The case is therefore ordered submitted without oral argument. (1) This order and judgment is not binding precedent. He alleges that he was subjected to religious harassment by a supervisor and then transferred from the store where the supervisor worked to another location because of his conflict with the supervisor.(1) The district court rejected this discriminatory/retaliatory transfer claim because plaintiff failed to offer evidence to rebut defendant's explanation that he was transferred because of poor sales performance. Holding (a) that the alleged harassment religious pressure imposed by one Christian on another Christian was not intentional discrimination because of religion cognizable under Title VII and. It was not severe enough to be actionable. As we agree with the second and it is dispositive. As this is an appeal from the entry of summary judgment for defendant. When he was transferred to the main store because of poor work performance. Though plaintiff was raised Catholic and was attending Episcopalian services at the time. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=05-9504.wpd">OPINION/ORDER</A><BR> The case is therefore ordered submitted without oral argument. Ten of their twelve children(1) seek asylum in the United States claiming they are refugees because they have suffered past persecution in Belgium due to their membership in the Church of Jesus Christ of Latter Day Saints (the Mormon Church) and have a well founded fear of future persecution should they be forced to return. Reviewing the IJ's order as if it were the decision of the BIA. We look to see whether the decision is supported by substantial evidence. Gonzales is substituted for John Ashcroft as the Respondent in this action. (2) This order and judgment is not binding precedent. R. 36.3. (1) Two of petitioners' twelve children were born in the United States. <hr> Petitioner Christiane De Maerschalck. A native and citizen of Belgium who was raised Roman Catholic. Petitioner De Maerschalck's parents were strongly opposed to her conversion to Mormonism and to her later marriage. That she was forbidden by her employer to speak of her religion. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2001/07/00-9516a.htm">00-9516A -- WOLDEMESKEL V. IMMIGRATION & NATURALIZATION SERVICE -- 07/25/2001<BR></A><BR> <a href= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2004/05/02-9589.htm">02-9589 -- KUSHAKOV V. ASHCROFT -- 05/14/2004<BR></A><BR> A citizen of Uzbekistan who is proceeding pro . We deny the petition for review and affirm the IJ's decision denying the applications for asylum and withholding of removal.<sup><a href= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/docs/common/opinions/200601/04-5417a.pdf">O:\BENCH_MO\2005-2006\CORKRAN\DECEMBER CASES\HUSSAIN V. NICHOLSON\HUSSAIN OPINION (1-23)(FINAL).WPD<BR></A><BR> With her on the brief were Kenneth L. Was then appointed to the new position of Chief of 3 Radiology Service. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/Feb2004/023220np.pdf">OPINION/ORDER</A><BR> We will deny their petitions for review. I. BACKGROUND Cveta and Dimo Golcev are natives of Yugoslavia and citizens of The former Yugoslav Republic of M acedonia. Their cases were consolidated before the IJ. The petitioners have conceded that they remained here longer than permitted and the IJ found them deportable. Golceva </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//aug97/93-3291.ma3.html">UNITED STATES V. GECAS<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>United States v. Is a Lithuanian national who has lived in the United States as a resident alien for thirty four years. Claiming that his silence is protected by the constitutional privilege against self incrimination. Held that Gecas was entitled to the equitable relief provided by the privilege because he had a real and substantial fear of conviction under foreign law.<a href= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/01/01-1508.PDF">OPINION/ORDER</A><BR> Are natives and citizens of Bulgaria. Petitioners conceded that they were subject to deportation but sought asylum or withholding of deportation based on a number of adverse experiences in Bulgaria that they ascribe to official persecution based on Toptchev's political and religious beliefs. The petitioners have filed a petition for review of the BIA's decision and ask us to reverse. He was well known in Bulgaria. It appears that he was never able to hold a coaching position. Toptchev believes that he fell into disfavor with Bulgarian security personnel for two reasons: He is Catholic. Catholics are a religious minority in Bulgaria. When Toptchev was 17. A police officer accosted him while he was awaiting a streetcar because Toptchev was dressed in Western style clothing. When Toptchev was playing for a soccer team in the town of Shumen. It seems that Toptchev had agreed to have dinner with foreign guests who were staying at the hotel where he worked. Officials released him from custody only after he signed a written statement acknowledging that he was to avoid such contact in the future. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/044737np.pdf">OPINION/ORDER</A><BR> Circuit Judge: Petitioner Widya Dharmi Tanudjaja is a citizen of Indonesia. Her ethnicity is Chinese. She is a life long Buddhist. Tanudjaja insists that she has been persecuted in Indonesia in the past because of her religion and her ethnicity and that she will similarly be persecuted if she returns there. While the IJ acknowledged that ethnic Chinese have experienced discrimination in Indonesia in the past. The IJ concluded with record support that while </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/051068np.pdf">OPINION/ORDER</A><BR> We will deny Bhawra's petition because substantial evidence in the record supports the Immigration Judge's conclusions that Bhawra was not credible or entitled to relief from removal. I. BACKGROUND Bhawra is a Punjabi Sikh and professional musician. He was married with three children. While the appeal was pending. Bhawra's timely petitions were consolidated and transferred to this Court. We have appellate jurisdiction under 8 U.S.C. § 1252. We review the 3 judge's decision as if it were the decision of the Board. Board determinations are upheld if they are supported by substantial evidence. Which is an </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcU1VNXDA2LTE2MTgtYWdfc28ucGRm/06-1618-ag_so.pdf">OPINION/ORDER</A><BR> IJ A 97 391 096 UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER THIS SUMMARY ORDER WILL NOT BE PUBLISHED IN THE FEDERAL REPORTER AND MAY NOT BE CITED AS PRECEDENTIAL AUTHORITY TO THIS OR ANY OTHER COURT. It is hereby ORDERED. DECREED that the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 petition for review is DENIED. We will vacate and remand for new findings if the agency's reasoning or its factfinding process was sufficiently flawed. Because it could confidently be predicted that the IJ would adhere to the decision were the case remanded). 305 (2d Cir. 2005) (reasoning that because the procreative rights of children are not sufficiently encroached upon when their parents are persecuted under coercive family planning policies. Children are not per se as eligible for relief under § 601(a) as those directly victimized themselves). 24 I & N Dec. 1 (BIA 2006) (concluding that non spouse partner's coerced abortion or sterilization may qualify for asylum only if they have been persecuted for </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/jan96/92-4773.man_fn.html">OPINION/ORDER</A><BR> This document was created from RTF source by rtftohtml version 2.7.5 ></head><body><a name= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/apr2000/99-12255.man.html">LEWIS V. YOUNG MEN'S CHRISTIAN ASS'N (4/13/2000, NO. 99-12255)<BR></A><BR> Senior Circuit Judge.</P> <P> PER CURIAM:</P> <P> The principal issue in this case is whether 42 U.S.C. § 2000e 5(g)(2)(B). In <EM>Price Waterhouse </EM>the Supreme Court held that an employer would not be liable for sex discrimination under Title VII if it could prove by a preponderance of the evidence that it would have made the same disputed employment decision even in the absence of the alleged discrimination. This is a retaliation case under the age discrimination statute. Which are recited in detail by the district court. Are summarized as follows: Plaintiff was employed as an aerobics instructor by the YMCA beginning approximately in April 1988. After she was taken off the aerobics schedule in August 1995 for alleged misconduct. Her case was dismissed in April 1997. Plaintiff applied and was turned down for employment at a different YMCA branch.</P> <P> Plaintiff filed another lawsuit in the district court. An employer can escape liability by establishing that it would have made the same employment decision even absent a retaliatory motive. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/March2003/021684u.pdf">OPINION/ORDER</A><BR> An alien must prove that he or she is more likely than not to be tortured in the country of removal. 8 (continued...) 2 1 I. Abraham is a nineteen year old alien who purports to be a native and citizen of Sudan. He was apprehended on January 7. An Immigration and Naturalization Service ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/aug97/93-3291.ma3.html">UNITED STATES V. GECAS<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>United States v. Is a Lithuanian national who has lived in the United States as a resident alien for thirty four years. Claiming that his silence is protected by the constitutional privilege against self incrimination. Held that Gecas was entitled to the equitable relief provided by the privilege because he had a real and substantial fear of conviction under foreign law.<a href= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/cgi-bin/new/release.pl?B1=Search+Month&month=06&date=01&year=04">OPINION/ORDER</A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/05a0208p-06.pdf">OPINION/ORDER</A><BR> We have jurisdiction to hear this petition pursuant to the Immigration and Nationality Act ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=05-3907_011.pdf">OPINION/ORDER</A><BR> Which he says are necessary to practice his religion. Borzych maintains that these books are religious texts. That the books are non religious and promote white supremacist violence. Which prohibits prisons that receive federal funding from substantially burdening an inmate's religious exercise unless the step in question is the least restrictive way to advance a compelling state interest. It is unnecessary to discuss the Constitution further. Defendants concede that Odinism is a religion. That defendants' interest in preserving security in the prison system is compelling because these books advocate violence. The court also found that banning the books is the least restrictive means to advance that interest. Which meant that Borzych does not have a winning claim under RLUIPA. 2005 U.S. Borzych's only evidence on this point is his unreasoned say so. This is insufficient to create a material dispute that would require a trial. No objective evidence supports his assertion that the books are important to Odinism. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/051439np.pdf">OPINION/ORDER</A><BR> That it was more likely than not that she would be persecuted upon returning to Indonesia. Are events which transpire without regarding [sic] to a person's race/ethnicity or religion. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200414662.pdf">OPINION/ORDER</A><BR> We ask whether the BIA's interpretation of this statutory provision is reasonable. Concluding that it is. Which are not in dispute. From our previous decision in this case: Diego Castillo Arias ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/common/opinions/199805/96-7030b.txt">OPINION/ORDER</A><BR> Were on the brief for amicus curiae Equal Employment Opportunity Commission. We granted en banc review on the question whether the standard of evidence for punitive dam ages under Title VII is. We further hold that no evidence of such behavior was shown at trial in this case. Thus affirm the district court on the issue of punitive damages. * * * ADA is a Chicago based professional organization with an office in Washington. Both Kolstad and Spangler are lawyers. (There is no evidence that the job has not in fact included those elements.). In October 1992 Wheat approved a performance evaluation of Spangler in which Spangler stated that one of his objectives for 1993 was to </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/july98/97-5304.man.html">ISKCON MIAMI, INC. V. METRO. DADE COUNTY (7/27/1998, NO. 97-5304)<BR></A><BR> In addition to arguing that the bans on solicitation and sale of literature are unconstitutional restrictions on speech. ISKCON argues that the areas within MIA where ISKCON may distribute free literature are inadequate and that County regulations impermissibly grant the Director of MIA unfettered discretion to select the areas for such First Amendment activity.</P> <P><CENTER>BACKGROUND</CENTER> </P> <P> In June 1995. Made only after a finding by the Director that the restrictions are necessary to avoid injury. Krishna adherents are required to venture into public places to distribute religious literature and solicit support for the religion. Shortly after the new regulations were passed. Waiting areas are located. We are guided by the Supreme Court's decisions in <EM>International Society for Krishna Consciousness. Regulations on speech in traditionally public fora such as municipal sidewalks and parks are subject to strict scrutiny. As are regulations in fora designated by the government to be used for expressive activities. <EM>Id.</EM> at 678. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/051930p.pdf">OPINION/ORDER</A><BR> Was ordered to help prepare a meal that included pork. Williams was fired from his kitchen job. We are asked to determine whether. We will affirm the District Court's denial of qualified immunity with respect to Williams's First Amendment claim. I. Background Appellee Henry Williams ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/051948np.pdf">OPINION/ORDER</A><BR> We have jurisdiction pursuant to 8 U.S.C. § 1252(a)(1). We will deny the petition for review. With his wife as a derivative.2 Petitioner Kambey's application is derivative of Lengkong's. He was frequently asked if he was a Christian by Muslims. During which her employer's building and her car were burned. Rioters followed her and demanded to know if she was Christian. We lack jurisdiction to review an IJ's decision that an asylum petition was untimely and that the untimeliness was not excused. The IJ found that Lengkong had failed to demonstrate a clear probability of future persecution on account of his religion or ethnicity or that it was more likely than not he would be tortured by the government upon return to Indonesia. The decision must be affirmed if it is </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2004/04/02-9555.htm">02-9555 -- WIRANSANE V. ASHCROFT -- 04/27/2004<BR></A><BR> The IJ failed to explain adequately why he discredited Petitioner's testimony that he was of Chinese ethnicity. Asylum is within the discretion of the Attorney General. While restriction on removal is granted to qualified aliens as a matter of right. <em> See</em> <em>INS v. The INA defines a refugee as </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/052024np.pdf">OPINION/ORDER</A><BR> Gonzales is substituted for his predecessor. We will deny the petition. I. The parties are familiar with the facts and procedural history. So we will only briefly revisit them here. Brown is a 28 year old native and citizen of Ghana and was born in Cape Coast on December 8. Which is located six or seven hours from Cape Coast by automobile. While Brown was in his bedroom with his girlfriend. Which Brown testified was the traditional way of anointing a new chief fetish priest. Brown's uncle had been the village's chief fetish priest and Brown was next in line to succeed him. Brown was then carried to a specific location in the bush. Where he was to remain alone for seven days without food or water. He was told that in order to become the new chief priest. If he was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/006868.U.pdf">OPINION/ORDER</A><BR> EDMONDS Unpublished opinions are not binding precedent in this circuit. Simms is a Virginia prison inmate confined at Buckingham Correctional Center (BCC). Have infringed his First Amendment right to free exercise of his religion. Simms asserts that he is a member of the Rastafarian religion. He claims that he is unable to observe the dietary laws of his religion. The court also rejected a claim that Simms was denied equal protection of the laws because Muslim and Jewish inmates were able to receive a special menu. The court held that there is a rational basis for this distinction. A regulation or prison practice that infringes on an inmate's constitutional rights is valid if it is reasonably related to such a legitimate objective. In assessing whether a disputed prison regulation or practice is so reasonably related. There are several relevant factors to consider. Including: (1) whether there is a valid connection between the disputed practice and the limit required by the penological objective. (4) whether there is an obvious alternative to the prison practice or regulation. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/05a0408n-06.pdf">OPINION/ORDER</A><BR> Petitioner is a 21 year old native citizen of Iraq. He is a member of the Chaldean community and attended the Chaldean Catholic Church in Iraq. Sitting by designation. 1 previously petitioned for asylum) were in the business on October 7. The officers took petitioner away in a car with a hood over his head and did not tell him where they were taking him. He was taken to a place that he could not identify and held in a small room. Petitioner was taken into another room where officers demanded that he sign a document ceding the liquor business to the government. Petitioner testified that he did not He sign the document and was held for two months and three days. further testified that although he was not beaten. He was often taken into another dark room where he was held naked and splashed with cold water. Petitioner was detained until he signed a document ceding the liquor business to the government. Petitioner returned to his hometown and told his family and friends about the experience once he was released. building was built around the Petitioner discovered that a new family business. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2000/05/99-3040.htm">99-3040 -- BABBAR V. EBADI -- 05/26/2000<BR></A><BR> Babbar a male of Indian national origin and Hindu faith was employed as assistant professor in the Department of Management ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/06/03/051515P.pdf">OPINION/ORDER</A><BR> Wijono is an Indonesian citizen who alleges that he fears persecution in Indonesia based on his Chinese ethnicity and Christian religion. He was authorized to stay in the United States until February 17. Which charged that Wijono was removable from the United States as an alien who remained in the United States without authorization from the INS after his period of admission had expired. The IJ determined that Wijono was ineligible for asylum because he failed to file his application for asylum within one year of his arrival in the United States as required by section 208(a)(2)(B) of the Immigration and Nationality Act. The IJ further concluded that Wijono failed to prove that he was entitled to withholding of removal or relief under the CAT. The BIA concurred with the IJ's determination that Wijono was statutorily ineligible for asylum because he 2 failed to file an asylum application within one year of arriving in the United States as required by 8 U.S.C. § 1158(a)(2)(B). We have no jurisdiction to review the BIA's determinations concerning waiver of the oneyear filing requirement. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2001/01/99-2281.htm">99-2281 -- U.S. V. GRASSIE -- 01/19/2001<BR></A><BR> The church arson was charged under three separate statutes: felony destruction of a church by fire. The arson of the vehicle was charged under </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/06a0299n-06.pdf">OPINION/ORDER</A><BR> Is an ethnic Albanian from Kosovo of the Former Republic of Yugoslavia. When he was twenty four years old. Rasi was served with a Notice to Appear ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=02-9577.wpd">OPINION/ORDER</A><BR> Petitioner Teshai Hogos Tsegay was born in 1954 in a region of Ethiopia that later became part of the country of Eritrea. We do not have jurisdiction to review the merits of the IJ's decision. Even though we do not have jurisdiction to review the merits of her appeal? Holding that we have no authority to hear Tsegay's appeal. I. BACKGROUND Tsegay is a native Ethiopian who converted to the Jehovah's Witnesses religion as a young adult. She actively practiced her religion without persecution under the Ethiopian regime and was even able to convert some of her relatives to her faith. She was held in jail for three months. We will refer throughout this opinion to the more recent codification. <hr> K:\Clerk\opinion\DOC RCVD\029577.wpd captors verbally harassed her and attempted to convince her to forsake her faith. She was only released after her nephew. Whichever is later. 8 U.S.C. 1158(a)(2)(B). She was granted a second hearing on her request for relief from removal. Its functions were transferred to the U.S. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/001641.U.pdf">OPINION/ORDER</A><BR> Unpublished opinions are not binding precedent in this circuit. District Judge: This case is before the court on appellant's claim that the district court erred in granting appellee's motion for summary judgment. Rebecca Dachman is an Orthodox Jew. At issue in this case are adverse employment actions taken against appellant by her supervisors beginning in January 1995.1 The allegedly discriminatory acts occurring prior to January 1995 are time barred because appellant failed to exhaust her administrative remedies as required by law. These acts are not part of a continuing violation because. As will be shown. Appellant has not established even one claim of discrimination and/or retaliation that was timely filed. SHALALA 3 Although appellant claimed that she was an exemplary employee. Appellant was suspended on January 21. Appellant's supervisor stated that she was suspended because of insubordinate. Appellant was detailed for a period of ninety days to the Division of Biostatistics and Epidemiology. Where appellant claimed that she was given only administrative work. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcU1VNXDAzLTEzMTdfc28ucGRm/03-1317_so.pdf">OPINION/ORDER</A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDAzLTQ4MDdfb3BuLnBkZg==/03-4807_opn.pdf">OPINION/ORDER</A><BR> The immigration judge had concluded that petitioner had testified credibly that he was a practicing Christian. Because petitioner was believed to be a Christian. Proof of changed circumstances could have supported a renewed claim * Pursuant to Federal Rule of Appellate Procedure 43(c)(2). Gonzales is automatically substituted for former Attorney General John Ashcroft as the respondent in this case. 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 of asylum or withholding of removal based on petitioner's well founded fear of future persecution. The BIA's failure to consider at all the evidence of changed conditions was error. It was on the basis of that credibility ruling that Paul was denied asylum and withholding of removal in the first place. The adverse credibility determination in this case was not a typical one. Explicitly credited petitioner's testimony that he was a practicing Christian. Have successfully made out a claim of a likelihood of future persecution by proving that. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200512927.pdf">OPINION/ORDER</A><BR> Circuit Judge: The issue presented in this petition for review is whether the Immigration Judge gave reasoned consideration to the application for withholding of removal of Liana Tan. BACKGROUND Tan and her husband were admitted with F 1 student visas as non immigrant visitors to the United States on February 7. Who is Christian and of Chinese ethnicity. Alleged that she and her family have been harassed by Muslim Indonesians based on religion and race. She lived in a Muslim neighborhood and was continually harrassed by Muslims who called her </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcU1VNXDAzLTQwNjg3X3NvLnBkZg==/03-40687_so.pdf">OPINION/ORDER</A><BR> IJ A77 340 349 UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER Rulings by summary order do not have precedential effect. Is permitted and is governed by this court's Local Rule 0.23 and Federal Rule of Appellate Procedure 32.1. Unless the summary order is available in an electronic database which is publicly accessible without payment of fee (such as the database available at http://www.ca2.uscourts.gov/). The party citing the summary order must file and serve a copy of that summary order together with the paper in which the summary order is cited. If no copy is served by reason of the availability of the order on such a database. The citation must include reference to that database and the docket number of the case in which the order was entered. Gonzales is automatically substituted for former Attorney General John Ashcroft as the respondent in this case. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Peter D. It is hereby ORDERED. That the petition for review is GRANTED in part and DISMISSED in part. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/992140.P.pdf">OPINION/ORDER</A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/053996np.pdf">OPINION/ORDER</A><BR> We will deny the petition. Claiming she had suffered past persecution in Indonesia on account of her ethnicity and religious beliefs.1 Her first affidavit was appended to that application. She was served by the INS with a notice to appear charging she had overstayed the term of her visa and was removable from the United States. Was consequently only considered a derivative party on her application for asylum. 2 1 three occasions. We have jurisdiction to review the BIA's final order under 8 U.S.C. § 1252. 2 We denied the motion for stay of removal in a November 17. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/06/04/052465P.pdf">OPINION/ORDER</A><BR> Powell also claimed that both defendants were liable under Iowa law for assault and battery because Ms. Summary judgment is appropriate where there is no genuine issue of material fact and the movants are entitled to judgment as a matter of law. Iowa courts have traditionally used the analytical framework used for Title VII claims and looked to federal law for guidance because ICRA is modeled in part on Title VII. That she was subjected to unwelcome harassment. That Yellow Book either knew or should have known of the harassment but failed to take proper action. Kreutz admits that she did have sexual conversations around the office. Title VII's purpose is not to smooth the rough edges of our daily discourse. A plaintiff must present evidence from which a reasonable jury could conclude that the harassment was sufficiently </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/E26A6EB9E32D86D788256E240077D3B8/$file/0315656.pdf?openelement">OPINION/ORDER</A><BR> Must have an interest in actually purchasing or renting a particular property or dwelling in order to allege a discriminatory violation. We also face a related question: whether Plaintiff Appellant Disabled Rights Action Committee ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//apr95/93-3291.man.html">UNITED STATES V. GECAS<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>United States v. The district court held that the Fifth Amendment privilege was not a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Sep1999/99a2279.html">99A2279 -- IDIAMARCO V. RUNYON<BR></A><BR> Circuit Judge. <p>We are asked to review the District Court's grant of summary judgment in favor of the United States Postal Service. Iadimarco filed an action under Title VII of the 1964 Civil Rights Act alleging </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/031144.P.pdf">OPINION/ORDER</A><BR> We conclude that the BIA's denial of asylum is neither manifestly contrary to law nor an abuse of discretion. The petition for review is denied. I. Ngarurih is a native and citizen of Kenya who entered the United States in May 1995 on a nonimmigrant student visa. Tea farmers were required to maintain their plantations in accordance with instructions issued by the Kenya Tea Development Authority ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/06/06/053514P.pdf">OPINION/ORDER</A><BR> Tolego is ethnic Chinese but was born in Indonesia. He is also a practicing evangelical Christian. Both applications were denied. Alleging that he had been persecuted in Indonesia because he was a Chinese Christian. A hearing was held shortly thereafter. In July 1996 Tolego was driving in Jakarta in front of the Christian University when his car was stopped by a group of thirty to forty people who asked him whether he was Chinese or Christian. He gave no reply and was subsequently punched in the face. Tolego admitted that this was the only physical harm he suffered while in Indonesia and that he had made additional trips to Jakarta after the 1996 incident. A police station is now located nearby. Pastor Dan Peterson submitted a letter which spoke generally about the persecution of Christians in Indonesia and more specifically stated 2 that Chinese Christians are the most threatened group and that attacks on Christian churches have increased from year to year. A 2003 International Christian Concern Country Profile indicated that Indonesia is 88% Muslim and 8% Christian with tension between these groups throughout the country. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/5396F0D423EF287488256FC80002BB17/$file/0372384.pdf?openelement">OPINION/ORDER</A><BR> Opinion by Judge Betty Binns Fletcher *Alberto Gonzales is substituted for his predecessor. We grant the petition for review because compelling evidence establishes that Lolong has a well founded fear of future persecution on account of her Chinese ethnicity were she returned to Indonesia. Lolong has demonstrated that Indonesians of Chinese ethnicity are a significantly disfavored group and that she is particularly at risk because she is also a Christian and a woman. We noted that there is a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/D9BE31CB175DCC2688256CC6007B29E2/$file/0116437.pdf?openelement">OPINION/ORDER</A><BR> Because the schools are supported by a measurable amount of public funds. We have jurisdiction pursuant to 28 U.S.C. § 1291 and reverse. I. Background PLANS is a non profit California corporation whose members include taxpayers residing in both the Sacramento City Unified School District ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=04-3125_016.pdf">OPINION/ORDER</A><BR> This appeal is submitted on the briefs and the record. Sikhism is a minority religion in India. Which is dominated by the Hindu religion. There is. The intense upheaval persisted until the militants were quelled in the mid 1990s. Stopping true militants who were. Perpetrating indiscriminate bombings on railway stations and other public places is certainly a legitimate police activity. Singh does admit that he brought supposedly unwittingly but certainly repeatedly innocent Sikhs into the police station where they were wrongfully beaten by others. He asserts that his role in these No. 04 3125 3 raids was limited to standing guard outside homes to prevent occupants from escaping while other officers were unjustifiably arresting and beating the family members inside. Singh states that while he was personally opposed to his police force's oppression of his fellow Sikhs. When a member of his family was affected. Singh did not participate in this particular raid because he was late for work. Singh was on duty when his cousin arrived at the police station. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/054450np.pdf">OPINION/ORDER</A><BR> We will deny the petition because substantial evidence supports the IJ's decision. I. We have jurisdiction to review the BIA's final orders of removal. The IJ's factual findings including his determinations as to past persecution and a well founded fear of future persecution are reviewed for substantial evidence. Then the finding is supported by substantial evidence. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Sep1999/99a2279.txt">OPINION/ORDER</A><BR> We are asked to review the District Court's grant of summary judgment in favor of the United States Postal Service. Iadimarco filed an action under Title VII of the 1964 Civil Rights Act alleging </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/April2003/022515up.pdf">OPINION/ORDER</A><BR> The petition for review will be denied. Bamory Ballo is a native and citizen of Ivory Coast. Ballo testified that he is Muslim and that his hometown of Anyama is predominantly Christian. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/032462np.pdf">OPINION/ORDER</A><BR> Finding that Petitioner's testimony was not credible and that he failed to show either past persecution or a well founded fear of future persecution. Finding that Petitioner failed to show that he will more likely than not be tortured if he returns to Albania. We will set forth only the facts relevant to the issues. Petitioner is a native of Albania and a member of Albania's Democratic Party. 1 he was driving with his cousin. From the city of Shkoder when they were stopped by the police. Victor was the Chairman of the Democratic Party in his village. Petitioner insisted that the events occurred on June 18th and that the Inspector incorrectly transcribed the date at the airport interview. 2 1 car wearing masks and that it was apparent that they intended to harm Petitioner. A friend of his who worked at the police station had cautioned him three days earlier to be careful because his name and photo were posted at the station.2 Petitioner believes that the incident on June 18th was an attempt on his life because of his affiliation with the Democratic Party. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/012337.P.pdf">OPINION/ORDER</A><BR> Circuit Judge: Plaintiff Jane Holmes Dixon is the Bishop Pro Tempore of the Diocese of Washington. Edwards is an ordained Priest of the Church who claims entitlement to the office of Rector of St. A declaration that Father Edwards is not the Rector of St. The </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/032788p.pdf">OPINION/ORDER</A><BR> Circuit Judge Kulvier Singh petitions for review of the order of the Board of Immigration Appeals ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/04/08/023322P.pdf">OPINION/ORDER</A><BR> Appeals on the ground that the relief granted to him was insufficient. We uphold the district court on the merits but conclude that its injunction was insufficiently broad to cure the constitutional violation involved in this case. Warnock is an art teacher and part time bus driver for the Devalls Bluff School District. Warnock challenged the requirement that he attend meetings and training where prayers were recited. He was time barred from making any Title VII claims. Were protected by the first amendment's free speech and free exercise clauses. The court concluded that while there was evidence that students and fellow teachers harassed Mr. Warnock is required to attend and from requiring Mr. Warnock to attend in service training at denominational colleges where prayers are offered.1 In addition. The district court's resolution of these issues is not before us on appeal. 3 1 On appeal. This is a question of law that we review de novo. Although the cases are quite clear that government mandated prayer for students in public schools is impermissible. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/054715np.pdf">OPINION/ORDER</A><BR> Tan also argues that his due process rights were violated because the IJ. We will deny the petition. After they were married in June 2001. That they were having marital problems. Because his parents knew that the government would not have allowed a Chinese student to register in public school. After Tan was involved in an automobile accident. Tan and a Chinese coworker were robbed and beaten by Indonesians. Tan was hospitalized for his injuries. His aunt and brother in Indonesia were robbed. Bystanders refused to help them because they were Chinese. Tan was questioned about discrepancies between his testimony and an affidavit submitted by his brother in support of the brother's asylum 3 application. The statements were inconsistent concerning some of the circumstances claimed about prayer meetings at their home and the attack on their aunt. Tan was therefore ineligible for asylum. The IJ concluded that Tan had failed to establish a clear probability1 that he would be persecuted on his return to Indonesia and that he was accordingly ineligible for withholding of removal. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/4A057A971B23BDF98825735200553C3B/$file/0099005.pdf?openelement">OPINION/ORDER</A><BR> 2007 *Jill Brown is substituted for her predecessor. Was convicted in 1979 for the robbery and murder of Rosemary Cobbs. He was sentenced to death. Both the convictions and sentence were upheld by the courts of California. We consider whether Fields was denied a fair trial on account of juror bias. The effect is to deny habeas relief. I Fields was paroled from prison on September 13. Rosemary was naked on the bed and Fields was standing by the door. A 16 year old girl who was the former girlfriend of Fields's brother. That he was going to take her on a long trip </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//apr2000/99-12255.man.html">LEWIS V. YOUNG MEN'S CHRISTIAN ASS'N (4/13/2000, NO. 99-12255)<BR></A><BR> Senior Circuit Judge.</P> <P> PER CURIAM:</P> <P> The principal issue in this case is whether 42 U.S.C. § 2000e 5(g)(2)(B). In <EM>Price Waterhouse </EM>the Supreme Court held that an employer would not be liable for sex discrimination under Title VII if it could prove by a preponderance of the evidence that it would have made the same disputed employment decision even in the absence of the alleged discrimination. This is a retaliation case under the age discrimination statute. Which are recited in detail by the district court. Are summarized as follows: Plaintiff was employed as an aerobics instructor by the YMCA beginning approximately in April 1988. After she was taken off the aerobics schedule in August 1995 for alleged misconduct. Her case was dismissed in April 1997. Plaintiff applied and was turned down for employment at a different YMCA branch.</P> <P> Plaintiff filed another lawsuit in the district court. An employer can escape liability by establishing that it would have made the same employment decision even absent a retaliatory motive. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDAzLTkzMjlfb3BuLnBkZg==/03-9329_opn.pdf">OPINION/ORDER</A><BR> New Milford informed the Murphys that under zoning regulations they were prohibited from hosting regularly scheduled meetings exceeding twenty five nonfamily members. New Milford asks us to consider the propriety of July 2001 and August 2002 orders rejecting its argument that the Murphys' claims were not ripe for judicial review. Such that their claims were never ripe for judicial intervention. The Murphys have been They hosting Sunday afternoon prayer group meetings since 1994. assert that their Christian beliefs require them to hold these meetings. The Murphys also claim that because of Robert Murphy's severe illness their home is the only acceptable location to host such meetings. Sizable prayer meetings were not a customary accessory use in a single family residential area. Who are not `family' . . . Only those that were regularly scheduled and included twenty five or more non family participants. Where they could 5 1 2 3 4 5 6 7 8 9 10 have sought a variance from the zoning regulations.1 Gen. Stat. § 52571b a state analogue to RLUIPA.3 </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200615492.pdf">OPINION/ORDER</A><BR> It was denied based on the IJ's determination that Montoya was ineligible for asylum. Are riders on Montoya's application. Their daughter Ghisela applied separately because she was too old to be included as a rider on Montoya's application. I. Background The Petitioners are natives and citizens of Colombia. Montoya was a member of Colombia's Conservative Party. Montoya's daughter Ghisela was also politically active. Rec. 44 45.) 3 Montoya's first encounter with the Revolutionary Armed Forces of Colombia (FARC) was on November 17. Security forces conducted an investigation and were able to trace some of the threatening telephone calls. Montoya was informed that he. The rest of his family had been declared </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/055243np.pdf">OPINION/ORDER</A><BR> Circuit Judge: Petitioner Linda Hermanus and her son are natives and citizens of Indonesia. Petitioners are ethnic Chinese Christians and maintain that they have been persecuted in Indonesia because of their religion and ethnicity. She testified to the following: Hermanus is a lifetime resident of the Menado section of Indonesia where she is a successful professional architect. Have had any problems practicing their religion there and indicates that most Christians in Menado are ethnic Chinese and do not currently have serious problems. That the killings of Chinese Christians elsewhere in Indonesia will eventually spread to Menado. Who is a pastor of his church. Have experienced serious problems in Menado in the past. The only personal harm Hermanus could cite as resulting from her religion and ethnicity were two occasions when a church related organization of which she was a member was unable to lease space it wanted. When 2 her business was unable to successfully compete for large government contracts. The IJ then concluded that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/055348np.pdf">OPINION/ORDER</A><BR> Soegianto alleges that he was economically persecuted in that he was forced to pay bribes to accomplish simple tasks. The IJ held that Soegianto was statutorily ineligible to apply for asylum. Soegianto did not appeal the denial of his asylum claim to this court and the IJ's holding with respect to his claim for withholding of removal is supported by substantial evidence. We agree that Soegianto has not established past persecution or a well founded fear of future persecution were he to return to Indonesia. We will deny the petition for review. Even were we not to do so. We are satisfied that the CAT affords no relief in this case. 2 1 I. Soegianto is a native and citizen of Indonesia of Chinese descent. He is divorced and has a ten year old daughter and a seven year old son who both live in Indonesia. Because Soegianto's claim for asylum was untimely. As we have discussed in numerous cases involving ethnic Chinese asylum applicants from Indonesia. In the late 1990s there was a wave of attacks perpetrated by Muslim Indonesians on Chinese Christians. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/055369np.pdf">OPINION/ORDER</A><BR> An order that was adopted and affirmed by the Board of Immigration Appeals ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/05a0249p-06.pdf">OPINION/ORDER</A><BR> Fawaz Mohammed Damrah was found guilty of unlawfully obtaining citizenship in violation of 18 U.S.C. § 1425 by making false statements in a citizenship application and interview. Damrah was sentenced to two months of incarceration. Four * This decision was originally issued as an </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/02/02-2177.PDF">OPINION/ORDER</A><BR> Was denied following a February 1991 interview with the Immigration and Naturalization Service ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/04/06/033177P.pdf">OPINION/ORDER</A><BR> Was born in Romania in 1920. Which was responsible for operating and guarding concentration camps. The government filed a Notice to Appear (NTA) charging that Negele was subject to removal pursuant to the Holtzman Amendment. This decision was based on the evidence presented by the government at Negele's denaturalization trial. Those findings must be upheld if they are supported by </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/07a0524n-06.pdf">OPINION/ORDER</A><BR> Petitioner was charged with being removable under section 237(a)(1)(B) of the Immigration and Nationality Act ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/39CB2AE80E0EAB7488256A9C005A88E8/$file/0016708.pdf?openelement">OPINION/ORDER</A><BR> FACTUAL AND PROCEDURAL BACKGROUND Solano is a medium security prison about thirty five miles southwest of Sacramento. 800 are enrolled in the prison's work incentive program. Being late or </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/04/06/033547P.pdf">OPINION/ORDER</A><BR> A Missouri based chapter of a non profit corporation that was chartered in Arkansas in 1994. After the State notified Unit 188 that its application was denied because it did not meet the AAH program's eligibility requirements that were set forth in state regulations. Holding that the State's reasons for denying Unit 188's application were unconstitutional. It argues first that the district court erroneously concluded that it is collaterally estopped from litigating the constitutionality of its denial of Unit 188's application based on Unit 188's racially discriminatory membership criteria. It maintains that the district court erred in holding that the State's application of a regulation barring participation in the AAH program by organizations for which courts have taken judicial notice of a history of violence violated Unit 188's first The Honorable Catherine D. I. This is the third appeal to this court arising out of the State's ongoing efforts to keep Missouri Klan groups out of the AAH program. Filed an action seeking a declaratory judgment that it was not required to approve the application. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/C8800B5AE8A25E5188256F8E008012CB/$file/0370298.pdf?openelement">OPINION/ORDER</A><BR> We have jurisdiction under 8 U.S.C. § 1105a. When he was 16 years old. Movsisian stated that the war was very dangerous. Movsisian explained that one of his neighbors was conscripted and beaten to death by drunken officers. One of his pastors was arrested in 1992 or 1993. The IJ also found that the evidence did not support Movsisian's claim that he was a genuine religious conscientious objector to military service. The IJ determined that Movsisian's future fear of persecution on account of his Pentecostal religion was speculative. While his appeal was pending. Detailed his fears that he would be prevented from practicing his faith if he was conscripted. We conclude that the evidence is insufficient to compel a finding that Movsisian has a well founded fear of persecution on account of his religious beliefs. 1018 (9th Cir. 2003) (holding that petitioner's fear of future religious persecution was speculative). Filed while his appeal was pending before the BIA. Is treated as a motion to remand to the IJ for further proceedings. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2000/09/98-2215.htm">98-2215 -- CISNEROS V. WILSON -- 09/11/2000<BR></A><BR> Holding that Plaintiff could not prove: (1) that she was a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/034205np.pdf">OPINION/ORDER</A><BR> The lead petitioner is Suzana Hasko ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/07a0420n-06.pdf">OPINION/ORDER</A><BR> The Immigration Judge found that Berishaj had failed to establish that she was a member of a protected class. That she had not shown she was persecuted by the government or by someone whom the government was unwilling or unable to control. Was born in Kosovo on March 18. She was served with a notice to appear before an Immigration Judge (IJ) and show why she should not be removed from the United States for overstaying her visa. The following facts were presented by Berishaj in her application for asylum and her testimony before the IJ. Berishaj also explained that she could not return to Kosovo because the man to whom she was engaged </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/June2004/024619np.pdf">OPINION/ORDER</A><BR> We will deny the petition to review. Sprayed kerosene on her house (but were chased away by Hindu members of the The Baj Rang Dal party. Is a fundamentalist Hindu political party. A Muslim mosque built on the site of what is believed to be the birthplace of the Hindu Lord Rama. That she did not have a well founded fear of future persecution as described in 8 C.F.R. § 208.13(b). The Board rejected Patel's claim that she was prejudiced by the conduct of the IJ. A. Asylum Claim An asylum applicant has the burden of proof to establish he is a refugee by showing that he has suffered past persecution or has a well founded fear of future persecution. 8 C.F.R. §§ 208.13(a). We have defined </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/3289E17C794ACECA88256D7A006C895A/$file/0136130.pdf?openelement">OPINION/ORDER</A><BR> Contending that he was retaliated against and ultimately fired due to his Chinese ethnicity and nationality. A Zhang's name is found in the record as both Zhang Wei. FACTUAL BACKGROUND The factual recitation herein is taken from the evidence presented to the jury. Zhang was hired to join American Gem after the takeover. Which was signed by Al Reitzer. Zhang's position was vice president of American Gem and general manager of its Pacific Gem division. Zhang testified that although his division was integral to the new company's operations. He was initially offered a lower salary than the Caucasian vice presidents of the acquired companies. Zhang was promoted to president of the Pacific Gem division. Appellant Harry Lees was hired as president and CEO of MCMI. Jim Hilger was hired as the Chief Financial Officer of American Gem. Zhang presented evidence that he was discriminated against by American Gem's management. Witnesses testified that Lees told them that he distrusted Zhang because he was Chinese. That Lees suspected that Zhang was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcU1VNXDA0LTQ3OTQtYWdfc28ucGRm/04-4794-ag_so.pdf">OPINION/ORDER</A><BR> IJ A76 282 374 UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER THIS SUMMARY ORDER WILL NOT BE PUBLISHED IN THE FEDERAL REPORTER AND MAY NOT BE CITED AS PRECEDENTIAL AUTHORITY TO THIS OR ANY OTHER COURT. Gonzales is autom atically sub stituted for former Atto rney G enera l John Ashcroft as the respo ndent in this case . 1 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 UPON DUE CONSIDERATION of this petition for review of a decision of the Board of Immigration Appeals ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/C1D8AF522B606F4488256FBD005F1A4D/$file/0272651.pdf?openelement">OPINION/ORDER</A><BR> Opinion by Judge Pregerson *Alberto Gonzales is substituted for his predecessor. The BIA affirmed without opinion a decision of the Immigration Judge ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/aug95/88-3945.man.html">MILLS V. SINGLETARY<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Mills v. Jr. is a Florida prison inmate. Florida.<a href= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/2E057485A6713B9E88256B6D0060425A/$file/0070753.pdf?openelement">OPINION/ORDER</A><BR> The IRS explained that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/05a0057p-06.pdf">OPINION/ORDER</A><BR> I. BACKGROUND Singh is a Sikh who formerly lived in Bhila. Singh claims that he was a nationally known university. While it appears that Singh and his father may have supported the Khalistan independence movement generally. Singh's testimony suggests that they were not members or willing supporters of the Khalistan Liberation Front ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/2C1ADF22E30DE0C388256EBC007A3DEB/$file/0271311.pdf?openelement">OPINION/ORDER</A><BR> We hold that the Board's denial of withholding and asylum for Rajwinder Kaur cannot be sustained because of the lack of any evidence that reasonable grounds exist to believe that she is a danger to the security of the United States. FACTS Cheema is a Sikh. He is a lawyer and a member of the Sikh Lawyers Association. He was released ten days later without charges. Cheema was arrested and questioned as to their whereabouts. When he was unable to say. He was taken into the jail yard. The next day he was again tortured on the pulley. Twenty days after his arrest he was released without charges. He was unable to walk and was hospitalized for a month. Cheema was again arrested and taken to Amritsar for interrogation. He was beaten and his right leg broken by his police interrogators. He was brought before a magistrate. Who ordered him taken to a hospital where his broken leg was set. He was discharged from custody. Charges against him were withdrawn. He was elected general secretary of this organization in 1991. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/952367.U.pdf">OPINION/ORDER</A><BR> Unpublished opinions are not binding precedent in this circuit. I. Petitioner Delmy Leticia Argueta Rodriguez was born on February 18. She was ten years old when her family village of El Mozote was massacred by Salvadoran army soldiers in December 1981. Argueta Rodriguez was with her grandmother in a nearby village the day of the massacre. She applied for political asylum in July 1992 but was denied. Deportability was conceded in written court pleadings of September 23. Relief was denied by the Immigration Court in the hearing on December 2. The Board determined that Petitioner was a credible witness but agreed with the Immigration Judge that she had failed to establish eligibility for asylum or withholding of deportation. The Board held that the actions of the Salvadoran army did not establish that the victims of the massacre were persecuted on account of race. The Board took note of the fact that Petitioner was outside the village when the inhabitants were massacred and there was no indication that Petitioner or other former residents were sought out by the army. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/061565np.pdf">OPINION/ORDER</A><BR> We have jurisdiction pursuant to 8 U.S.C. § 1252. Wijayanto further testified that he was denied a teaching position in a government school because he was Catholic. Which was affiliated with the school. The school was closed because there was a riot in a town fifty kilometers away. In which Christian and Catholic schools were targeted. A sister school was burned down during the riot. He did not apply for asylum immediately because he was waiting to see if conditions in Indonesia would improve. Where they attend a church that is safe because it is near a police station. The asylum office referred the matter to the Immigration Court because the application was filed more than one year after his arrival in the United States. The IJ further found that Wijayanto had failed to present any evidence that he had been persecuted on account of a protected ground or that there was a clear probability that he would suffer persecution if he were to return to Indonesia. Nor had Wijayanto shown that it was more likely than not that he would suffer torture if he returned to Indonesia. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/27B565D1754D4E5E88256B50005F20CE/$file/0070753.pdf?openelement">OPINION/ORDER</A><BR> The IRS explained that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcU1VNXDA0LTU3ODlfc28ucGRm/04-5789_so.pdf">OPINION/ORDER</A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/061870np.pdf">OPINION/ORDER</A><BR> We will deny the petition. Liong conceded that he was removable. That his asylum application was untimely. That he was applying only for withholding of removal and relief under the Convention Against Torture ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/07a0227n-06.pdf">OPINION/ORDER</A><BR> Petitioner argues that (1) the IJ's credibility determinations are not supported by substantial evidence. (2) the IJ's finding that Petitioner could not establish a well founded fear of future persecution was not supported by substantial evidence. (3) the IJ's finding that Petitioner was not entitled to withholding of removal was not supported by substantial evidence. The former Immigration and Naturalization Service (now part of the Department of Homeland Security) charged that Petitioner was inadmissible pursuant to the Immigration and Nationality Act ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/062080p.pdf">OPINION/ORDER</A><BR> We will grant the petition for review. I. Galdamez is a native and citizen of Honduras. Born in May 1984.1 He came to the United States in October 2004 and was not admitted or paroled after inspection by an immigration The opinion of the Immigration Judge mistakenly states that Galdamez was born in May 1981. 3 1 officer. A hearing was held before an Immigration Judge ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/07a0191n-06.pdf">OPINION/ORDER</A><BR> I. BACKGROUND Tonin Shkreli is a native and citizen of Albania. Shkreli was born in 1980 in the small village of Bzhete. Both were imprisoned and tortured for their political activities. Shkreli's great uncle was tortured to death in jail. Including a five year incarceration at a prison labor camp where he was regularly beaten. Until she was almost six years old. Shkreli's father and sister Albana were detained and beaten in connection with their participation in a demonstration following the 1997 electoral victory of the Socialist Party. Shkreli's disability was brought about by an illness he suffered as a baby. Apparently in connection with an immunization that was administered to him. Were turned away. An illness he may have experienced during the first three years of development. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/07a0180p-06.pdf">OPINION/ORDER</A><BR> BACKGROUND Blaise Mapouya1 is an ethnic Mbochi born in Brazzaville. After recounting that Mapouya was subjected to violence and torture in the days of the 1997 98 Congolese civil war. The application included Mapouya's assertion that he would not return to Congo as long as Denis Sassou Nguesso is president. The INS charged that Mapouya was removable from the United States because he entered the country illegally. A recounting of recent events is necessary to better understand the details of Mapouya's testimony. Which is located in the southeast region of the country. Strong ethnic overtones are present in Congolese politics. The 1997 98 civil war was no different. Which are one of the larger Bantu ethnic groups. Are located primarily in the northern regions of Congo. There seems to be some confusion as to whether Petitioner's name is Blaise Mapouya. The precise dates are not at issue. The government did not allege that the asylum application was untimely. Therefore the application is treated as timely. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/March2004/024134p.pdf">OPINION/ORDER</A><BR> Was convicted of a felony and subjected to immigration removal proceedings. The District Court determined that Bakhtriger was essentially seeking review of a discretionary determination of the Immigration and Naturalization Service (INS). That there is no jurisdiction under the habeas statute. This question of the scope of habeas jurisdiction is one of first impression in this Circuit. We agree with the District Court's reading of the law and we will affirm. He was granted the protection of the United States as a refugee and became a lawful permanent resident in April 1994. Bakhtriger was convicted of possession of both cocaine base and heroin in the Court of Common Pleas in Montgomery County. Bakhtriger was arrested for violating his probation. Is [removable]. 1 Under recent amendments to the Immigration and Nationality Act. Saying that Bakhtriger was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//aug95/88-3945.man.html">MILLS V. SINGLETARY<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Mills v. Jr. is a Florida prison inmate. Florida.<a href= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/034536np.pdf">OPINION/ORDER</A><BR> We will deny the petition for review. I. We write exclusively for the benefit of the parties and will only recount those matters relevant to the issues before us. Oktavia is a native and citizen of Indonesia who entered the United States on or about December 7. Oktavia testified that she is an Indonesian of Chinese heritage and is a Buddhist.1 She testified that living in Indonesia was difficult. She was 1 In her brief to us. Oktavia states that she is a Christian. Brief at 2. 2 mistreated by other students because she was ethnic Chinese and Buddhist. She was violently attacked on three occasions. Which was stopped at a red light. Oktavia was dragged from her car during a riot. Oktavia and her fiancee were riding together on a motorcycle. Was rendered unconscious. Rape is a punishable offense. Finding the application untimely because it was filed more than a year after Oktavia's arrival and that exceptional circumstances did not exist to excuse a late filing. The IJ found </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/07a0139n-06.pdf">OPINION/ORDER</A><BR> I. Petitioner Lin is a native and citizen of the People's Republic of China. He explained that he feared detention or persecution if he were to return to China. His family in China were practicing Christians. His father was an accountant for a local Christian church. He stated that his grandfather had lost all of his land during the revolution when the The date stamp on Lin's initial petition is not legible. Gonzales People's Republic of China was established. He testified that his family was still farming. Lin believes that it is in retaliation for his parents' complaints about the compensation for their land and their refusal to donate money for the construction of a Buddhist temple in the village. Lin stated that he is a Christian. He admitted that upon release they were </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/07a0123n-06.pdf">OPINION/ORDER</A><BR> I. BACKGROUND Mateo is a 39 year old native of Guatemala. He was born and raised in the municipality of San Sebastian Coatan. After telling the guerrillas that he </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/apr95/93-3291.man.html">UNITED STATES V. GECAS<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>United States v. The district court held that the Fifth Amendment privilege was not a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/B3A05648B7477A6888256EFD00582EE0/$file/0370069.pdf?openelement">OPINION/ORDER</A><BR> Which was held in 1997. Malty testified that in high school and college he was taunted by Islamic classmates and teachers because of his Christianity. Was subsequently unable to obtain employment as an accountant because of religious discrimination. The motion to reopen was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/034710np.pdf">OPINION/ORDER</A><BR> Was hit with stones and pieces of wood by persons he believes were local Indonesians who targeted him because he was Chinese. The second event was the robbery of his brother's home a few days later by assailants who brandished a knife and pushed his brother against a wall. Tjhin recognized some of the robbers as his Indonesian neighbors and felt he was being targeted because of his ethnicity. Assaulted him allegedly because he is Chinese. Stones were thrown at him in Jakarta on his way to church. There was some discrepancy about whether he is a practicing Catholic or merely learning about the faith. Tjhin explained that he has not had 3 enough time while in Indonesia or in the United States to actually become Catholic or be baptized and is actually just studying the religion. There is also some inconsistency regarding where he lived during the time he filed his asylum application. Was in Philadelphia. He felt Philadelphia was his residence because that is where his friends resided. Was unaware that he actually lived and worked in New York at the time. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/062686np.pdf">OPINION/ORDER</A><BR> We have jurisdiction to review the BIA's final order pursuant to 8 U.S.C. § 1252. We will deny the Petition. I. The parties are familiar with the facts and proceedings before the BIA and the IJ. So we will revisit them only briefly. Si is a Christian and an ethnically Chinese citizen of Indonesia. However she withdrew her time barred application for asylum because she was statutorily ineligible for relief. (3) an incident when a rock was thrown through the window of her church. (4) demonstrators beating sticks on a car she was riding in. She decided that Si did not qualify for withholding of removal because she had failed to establish past persecution or that it was more likely than not that she would suffer future persecution. The IJ determined that the incidents alleged were not sufficient to support a finding of past persecution on account of ethnicity or religion. The IJ concluded that she had failed to prove it was more likely than not that she would be tortured by. The BIA agreed with the IJ that Si did not establish that it was more likely than not that she would be persecuted or tortured upon return to Indonesia. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/041051np.pdf">OPINION/ORDER</A><BR> Claims to have suffered past persecution and to fear future persecution because of his ethnicity and his religion. We conclude that the BIA's decision was supported by substantial evidence. We will affirm the BIA's decision that Setiawan was not eligible for asylum if there is substantial evidence to support it. The administrative findings of fact supporting a final order of removal cannot be reversed unless the administrative record was such that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/062736np.pdf">OPINION/ORDER</A><BR> We will dismiss the petition in part and deny it in part. I. Chen was born in China on September 30. Where he was detained by the INS as an immigrant not in possession of immigrant documentation.1 Chen states that. He was placed in a foster home in Minnesota in early January 1995. Chen claims that he was never informed of the hearing. Admitted this charge and conceded his removability. 2 1 were married by a judge. He claimed that the form was prepared by his lawyer and he just signed it. The marriage to Torres ended in divorce and Chen's status adjustment application was denied as abandoned on August 26. That their daughter was born on January 6. He related that his wife does not have Immigration status. That the marriage certificate was issued by a church but that the marriage was never registered with the government. Chen says that the couple would like to have more children. Chen was convicted of alcohol related charges in New Jersey. Four immigration court hearings were held from July 25. Chen testified that a reason the couple did not get married in a church was that the civil and church marriage ceremonies do not significantly differ. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19942976.OPA.pdf">OPINION/ORDER</A><BR> Appellants also challenge the Act's constitutionality They urge that the Act is vague and overbroad. Appellants argue that the Access Act is unconstitutional because it imposes excessive Amendment.1 fines and is cruel and unusual under the Eighth The district court dismissed appellants' claims. I. BACKGROUND Congress passed the Access Act in response to increasing incidents of violence and obstruction at abortion clinics. 2 The stated purpose of the Act is </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/03/02/013620P.pdf">OPINION/ORDER</A><BR> It is from the district court's1 denial of those motions that Inmates now appeal. Or any foods that have been prepared with or have contacted pork. That are not recognized by the House of Yahweh. Inmates were employed by TEK while serving their sentences in the Nebraska State Penitentiary. TEK is a private corporation that runs a manufacturing facility in the prison. At which approximately 120 inmates are employed. Employment at TEK is desirable and competitive. At least two of these meals were scheduled at Christmas and Easter. Hours that have been accrued by employees but not used may not be carried over to the subsequent calendar year. Employees whose absences exceed the allotted hours during a six month period are placed on probation. After an employee is placed on probation. The employee is suspended for two days without pay. Inmates who had violated the attendance policy were neither placed on probation nor suspended. Gracier was reinstated ultimately. They were still employed by TEK at the time of trial. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2004/07/03-9552.htm">03-9552 -- MATSKIV V. ASHCROFT -- 07/14/2004<BR></A><BR> The case is therefore ordered submitted without oral argument. <p> Petitioner. Matskiv is a citizen and native of Ukraine. He is Jewish. Including that he was not allowed to compete internationally as a speed skater. Although he was a Ukraine national champion. He was denied an apartment. He was subjected to ethnic comments. He was threatened and a member of Rukh called him and told him not to show up at work again. <p> He and a friend then went into business together reselling food products they imported from Poland. Matskiv testified that no governmental authorities will stop Rukh and he is fearful that if he returns to Ukraine. He will be killed. He testified that if he were to move to another part of Ukraine he would have to get officially signed out of his current place of residence and officially signed into a new one. Matskiv's application for asylum was time barred as it was filed outside the one year period allowed and that no extraordinary circumstances excused the delay. Matskiv's testimony was not credible as it was inconsistent and had shifted during the course of the hearing regarding how he had obtained the Russian passport and his manner of leaving Ukraine. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=04-9577.wpd">OPINION/ORDER</A><BR> This case requires us to determine whether a majority vote for a representative union was actionably clouded by a sustained or inflammatory appeal to religious bias. We may set aside the certification of the election only if <hr> the National Labor Relations Board ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/00a0054p-06.pdf">OPINION/ORDER</A><BR> The magistrate judge to whom the case was transferred dismissed Herron's complaint for failure to state a claim upon which relief may be granted. Finding that the majority of Herron's claims did not allege sufficient facts to constitute unlawful retaliation and the remainder of his claims were barred by issue preclusion due to prior suits that Herron had brought. Several months after the briefs in this appeal were filed. With the exception of demonstrating that his assistance was needed by Muhammad. That he was subsequently disciplined to a degree that might deter an ordinary person from such conduct. That the two incidents were causally linked. He will have established all three elements of a prima facie claim of unconstitutional retaliation. Which was raised in both his original and supplemental complaints. Herron is more specific in his second supplemental complaint. Herron alleged that prison officials were then in the process of transferring him to another institution in retaliation for his attempts to seek legal redress against them. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcU1VNXDA1LTEzNjNfc28ucGRm/05-1363_so.pdf">OPINION/ORDER</A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/00a0075p-06.pdf">OPINION/ORDER</A><BR> Qualified immunity is available if a reasonable police officer could have believed that his or her conduct was lawful. The clearly established law of