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	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.
	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 (
	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.
	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
	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.
	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
	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
	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.
	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.
	OPINION/ORDER P.C. were on brief. Knight LLP were on brief. It is brought by a group of residents of Belmont. We affirm.
	OPINION/ORDER 2000 9:54:01 AM
	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
	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
	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
	OPINION/ORDER
	OPINION/ORDER Circuit Judge: This appeal challenges Washington law that denies a statefunded
	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
	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.
	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
	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
	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
	OPINION/ORDER Homeowners who live across from a Roman Catholic school which is constructing improvements and additions to the school without obtaining a
	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
	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.
	OPINION/ORDER Issue 3 In this case we are called upon to decide whether or not the official motto of the State of Ohio.
	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.
	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.
	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.
	96-4087 -- SNYDER V. MURRAY CITY CORP. -- 10/27/1998 Circuit Judge.
	OPINION/ORDER Is amended by inserting the following after
	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
	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
	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
	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.
	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
	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.
	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.
	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
	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.
	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
	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
	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.
	OPINION/ORDER Prince's club was recognized only as a
	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
	OPINION/ORDER O'Regan were on brief. Were on brief. We affirm the district court's grant of summary judgment.
	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.
	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
	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.
	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.
	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
	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.
	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 (
	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 (
	OPINION/ORDER €the€City€would€be€entitled€to€qualified€immunity€onÐ
	OPINION/ORDER The style of the posters is identical. Are the words
	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 (
	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 (
	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
	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.
	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
	UNIVERSITY OF GREAT FALLS V. NLRB In support of petitioner.
	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
	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
	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
	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.
	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 (
	OPINION/ORDER Line 7 the word
	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 (
	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.
	OPINION/ORDER Denied the college's request for money because the Commission believed that Columbia Union was a
	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
	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.
	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.
	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
	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.
	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
	OPINION/ORDER
	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.
	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
	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
	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
	OPINION/ORDER O:\Slip\WP\2005\05 1383 Village of BENSENVILLE 9 7 06.odl.wpd
	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.
	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 (
	OPINION/ORDER I. Appellee Kelvin Ray Love (
	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.
	OPINION/ORDER
	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.
	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 (
	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.
	OPINION/ORDER Dissenting: The Religious Freedom and Restoration Act (
	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 (
	OPINION/ORDER 90 L.Ed.2d 735 (1986) (plurality opinion) (
	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
	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.
	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
	OPINION/ORDER WILL ACKLES. North Puget Sound Presbytery (together the
	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 (
	DANIEL J. LEVITAN V. JOHN ASHCROFT Argued the cause as amicus curiae on the side of appellants.
	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
	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 (
	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.
	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
	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.
	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
	OPINION/ORDER The statute prescribes that
	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.
	OPINION/ORDER 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:
	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.
	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
	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.
	OPINION/ORDER 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 (
	OPINION/ORDER 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 (
	96-4191 -- SUMMUM V. CALLAGHAN -- 11/28/1997 We reverse and remand for further proceedings.
	96-4191A -- SUMMUM V. CALLAGHAN -- 11/28/1997 In the first line of the slip opinion there is a typographical error. We reverse and remand for further proceedings.
	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
	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.
	00-2166 -- SAENZ V. DEPT. OF INTERIOR -- 08/08/2001 We have jurisdiction pursuant to 28 U.S.C.
	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 (
	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
	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.
	KILLINGER V. SAMFORD UNIV. This document was created from RTF source by rtftohtml version 2.7.5 > Killinger v. Killinger is a professor. Defendant Samford University ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="694"></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-6.gif" ALT="691"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/053847p.pdf">OPINION/ORDER</A><BR> 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. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="685"></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-6.gif" ALT="685"></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-6.gif" ALT="685"></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-6.gif" ALT="685"></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-6.gif" ALT="685"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/971935.P.pdf">OPINION/ORDER</A><BR> 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 </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="683"></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-6.gif" ALT="678"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=04-7037.wpd">OPINION/ORDER</A><BR> Circuit Judge. <hr> 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. <hr> 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. <hr> In early 2002 Officer Shrum was reassigned to work as a patrolman under Sergeant Joe Gist. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="678"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=98-1986.01A">OPINION/ORDER</A><BR> Inc. were on brief. Were on brief. It is appropriate that we keep in mind that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="672"></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="672"></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="670"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/04/09/032956P.pdf">OPINION/ORDER</A><BR> The Good News Club ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="668"></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-6.gif" ALT="668"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=02-1349.01A">OPINION/ORDER</A><BR> LLP</SPAN> were on brief for appellee Puerto Rico Aqueduct and Sewers Authority.</SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="668"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/6FA63303852632AC8825734F0059D078/$file/0615474.pdf?openelement">OPINION/ORDER</A><BR> 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. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="665"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/3B44E697564FA0F688256D2D006C038F/$file/0117518.pdf?openelement">OPINION/ORDER</A><BR> Permitted brochures are either made available for students to pick up or placed in teachers' in house mailboxes and then distributed by the teachers to their students. Material from community organizations or of a general nature that is not of a commercial. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="663"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19939345.OPA.pdf">OPINION/ORDER</A><BR> Senior Circuit Judge: The appellant Robin Joy Shahar is a homosexual female who was offered employment with the Department of Law of the State of Georgia to begin at a future date. The court unanimously agrees to affirm the conclusion of the district court that Shahar's right of intimate association was burdened. That the district court erred in applying a balancing test to determine whether Shahar's rights under the Constitution were violated and that the case must be remanded to the district court for it to consider these issues under a strict scrutiny standard.1 The court affirms the summary judgment for the Attorney General on Shahar's free expression and equal protection claims for reasons set out by Judges Kravitch and Morgan in their separate opinions. Shahar's claim of violation of substantive due process is not substantially presented on appeal. Worked as a law clerk in the Department of Law during the summer of 1990. clerkship she told other clerks that she was a lesbian. Then that issue would have to be addressed. 1 Shahar was working. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="663"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/4CB220513C76DEEF882571A9007D3CA7/$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-6.gif" ALT="659"></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-6.gif" ALT="659"></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-6.gif" ALT="659"></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-6.gif" ALT="659"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/02/02-3371.PDF">OPINION/ORDER</A><BR> P. 3(c)(4) provides that an appeal should not be dismissed </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="655"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/14EE3242A2D973BA882571BC007D8F7F/$file/0317343.pdf?openelement">OPINION/ORDER</A><BR> If we find that the denial was a substantial burden. Whether RLUIPA is constitutional. We find the relevant portion of RLUIPA is a permissible exercise of Congress's remedial power under Section Five of the Fourteenth Amendment. Collectively as </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="655"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/F56F16621A47207188256BF3007FF649/$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-6.gif" ALT="652"></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-6.gif" ALT="646"></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-6.gif" ALT="644"></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="642"></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-6.gif" ALT="642"></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-6.gif" ALT="642"></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-6.gif" ALT="642"></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-6.gif" ALT="642"></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-6.gif" ALT="642"></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-6.gif" ALT="642"></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-6.gif" ALT="637"></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-6.gif" ALT="637"></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-6.gif" ALT="635"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//july2002/01-17203.opn.html">LUBETSKY V. APPLIED CARD SYS., INC. (7/12/2002, NO. 01-17203)<BR></A><BR> 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 </SPAN><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="635"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=05-1803_017.pdf">OPINION/ORDER</A><BR> 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 </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="635"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/july2002/01-17203.opn.html">LUBETSKY V. APPLIED CARD SYS., INC. (7/12/2002, NO. 01-17203)<BR></A><BR> 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 </SPAN><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="633"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2001/07/00-1040.htm">00-1040 -- WELLS V. CITY AND COUNTY OF DENVER -- 07/02/2001<BR></A><BR> The East Steps </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="633"></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-6.gif" ALT="631"></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-6.gif" ALT="624"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=05-1130_013.pdf">OPINION/ORDER</A><BR> 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 </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="624"></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-6.gif" ALT="624"></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-6.gif" ALT="624"></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="624"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/001041.U.pdf">OPINION/ORDER</A><BR> 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 </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="624"></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-6.gif" ALT="622"></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-6.gif" ALT="622"></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-6.gif" ALT="622"></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-6.gif" ALT="620"></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-6.gif" ALT="620"></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-6.gif" ALT="618"></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-6.gif" ALT="618"></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-6.gif" ALT="618"></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-6.gif" ALT="616"></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-6.gif" ALT="616"></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-6.gif" ALT="613"></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-6.gif" ALT="613"></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="613"></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="611"></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-6.gif" ALT="611"></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-6.gif" ALT="609"></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-6.gif" ALT="609"></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-6.gif" ALT="609"></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-6.gif" ALT="607"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Oct1996/96a1444p.txt">OPINION/ORDER</A><BR> 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. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="607"></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="605"></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-6.gif" ALT="603"></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-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-5.gif" ALT="598"></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="598"></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-5.gif" ALT="596"></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-5.gif" ALT="594"></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="592"></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-5.gif" ALT="592"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=04-4113.wpd">OPINION/ORDER</A><BR> 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 <hr> purpose is to act as an ecclesiastical park. The property was valued at $8.124 million without reduction for the value of the easement. After the Plaza was built. Holding that the easement was a public forum upon which content based restrictions on speech could not be enforced. The settlement agreement and amended deed specifically stated: </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="589"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/021657.P.pdf">OPINION/ORDER</A><BR> Filed this action against the State and five of its employees after he was subjected to disciplinary action for wearing his hair in dreadlocks in violation of his employer's dress code and grooming policy. I. Booth is an African American male employed as a uniformed correctional officer with Maryland's Department of Public Safety and Correctional Services. He is assigned to work at the Baltimore Central Booking and Intake Center in Baltimore. He alleges that he is </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="589"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/2E5F3A673466BE058825734D0052AF1C/$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="587"></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-5.gif" ALT="583"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/032069.P.pdf">OPINION/ORDER</A><BR> It is upon these findings and the trial evidence that we base the account set forth below.1 First. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="583"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=05-3451_054.pdf">OPINION/ORDER</A><BR> 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. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="583"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/971457.P.pdf">OPINION/ORDER</A><BR> Because we find that Suhre does have standing as a citizen to press his Establishment Clause claim. I. At the heart of this lawsuit is a display located in the main courtroom of Haywood County's Courthouse. On the wall behind the judge's bench is a marble and plaster bas relief representation of Lady Justice blindfolded and holding scales and a sword. She is flanked by two marble tablets containing an abridged version of the Ten Commandments. The courtroom containing the Ten Commandments display is used by both the County's Superior and District courts. A civil suit Suhre filed against the County was dismissed in a proceeding he attended in the Ten Commandments courtroom. Suhre was twice convicted of misdemeanor telephone harassment in this courtroom. Suhre asserts that the courtroom is </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="581"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/docs/common/opinions/200405/00-1310b.pdf">OPINION/ORDER</A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="581"></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-5.gif" ALT="576"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1999/04/98-3236.htm">98-3236 -- STEWART V. THOMAS -- 04/12/1999<BR></A><BR> The case is therefore ordered submitted without oral argument. <p> 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. <p> 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 </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="576"></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-5.gif" ALT="576"></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="576"></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-5.gif" ALT="574"></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="574"></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-5.gif" ALT="572"></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="572"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200510341.pdf">OPINION/ORDER</A><BR> 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. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="572"></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="572"></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-5.gif" ALT="572"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/27B565D1754D4E5E88256B50005F20CE/$file/0070753.pdf?openelement">OPINION/ORDER</A><BR> The IRS explained that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/65378EE06236E19B882573410049E736/$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-5.gif" ALT="568"></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-5.gif" ALT="568"></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-5.gif" ALT="566"></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-5.gif" ALT="563"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/031314.P.pdf">OPINION/ORDER</A><BR> Because Shaliehsabou is employed in a ministerial role by a religiously affiliated employer and thus not entitled to overtime under the Act. Worked at the Hebrew Home of Greater Washington (the Hebrew Home) as a mashgiach.1 The term mashgiach is defined as </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="561"></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-5.gif" ALT="561"></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-5.gif" ALT="561"></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-5.gif" ALT="561"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/Nov2002/013077.pdf">OPINION/ORDER</A><BR> Congregation Kol Ami (the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="561"></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-5.gif" ALT="559"></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="559"></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="559"></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="559"></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="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="555"></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-5.gif" ALT="555"></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-5.gif" ALT="553"></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="553"></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-5.gif" ALT="553"></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="553"></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-5.gif" ALT="553"></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-5.gif" ALT="553"></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-5.gif" ALT="550"></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-5.gif" ALT="550"></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="546"></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="546"></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-5.gif" ALT="544"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2000/02/99-6271.htm">99-6271 -- PRYOR V. COATS -- 02/09/2000<BR></A><BR> The case is therefore ordered submitted without oral argument. <p> 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. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="542"></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-5.gif" ALT="540"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/03a0246p-06.pdf">OPINION/ORDER</A><BR> Are Sabbath observant Orthodox Jews. It is undisputed that they were not independent contractors. The Goldmeiers are also Sabbath observant Orthodox Jews and as such followed a religious prohibition against working from sundown Friday until sundown Saturday. It did require the presence of a licensed insurance agent at all times and the Goldmeiers were the only such agents in their office. Allstate employees were advised that failure to comply with the new policy could lead to discipline. When the Goldmeiers' children were young. At this time outside help was not acceptable to the Goldmeiers for multiple reasons. The Goldmeiers would have been responsible for the performance of the office even in their absence and they </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="540"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/A8587157E55117EA88256EED006D3931/$file/0217224.pdf?openelement">OPINION/ORDER</A><BR> We affirm the district court's judgment because the regulation at issue is reasonably related to legitimate penological interests. We find that the AIRFA is simply a policy statement and does not create a cause of action or any judicially enforceable individual rights. I Henderson is a Native American of mixed ancestry who is currently incarcerated in California. The district court found that Henderson sincerely believes that his hair is sacred. To have his hair cut otherwise is considered a form of defilement. There is no religious exemption. II Whether California's hair length regulation impermissibly restricts Henderson's First Amendment right is a mixed ques 11136 HENDERSON v. The constitutional question Henderson has raised requires de novo review because </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/FFD0CB543718A429882572480051DDAF/$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-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="ftp://opinions.ca5.uscourts.gov/byDate/Jul2004/Jul21/03-60092-CV0.wpd.pdf">OPINION/ORDER</A><BR> Were ordered removed by the Immigration and Naturalization Service ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="ftp://opinions.ca5.uscourts.gov/byDate/Jul2004/Jul30/03-60092-CV0.wpd.pdf">OPINION/ORDER</A><BR> Were ordered removed by the Immigration and Naturalization Service ( </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=04-4219_019.pdf">OPINION/ORDER</A><BR> Richard Tomic was employed as the music director and organist both of a Roman Catholic church in Peoria (St. He was 50 years old and was replaced by a much younger person. Etc. including age with certain exceptions (such as that employees </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/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-5.gif" ALT="537"></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-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="ftp://opinions.ca5.uscourts.gov/byDate/Jul2004/Jul30/03-60093-CV0.wpd.pdf">OPINION/ORDER</A><BR> Were ordered removed by the Immigration and Naturalization Service ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="ftp://opinions.ca5.uscourts.gov/byDate/Jul2004/Jul21/03-60093-CV0.wpd.pdf">OPINION/ORDER</A><BR> Were ordered removed by the Immigration and Naturalization Service ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="533"></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-5.gif" ALT="533"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Nov1994/94a0892p.txt">OPINION/ORDER</A><BR> Are engaged in. Or who would have the right to file or seek enforcement of administrative. The district court held that the case was not ripe. That the controversy is ripe because Cummings arguably alleges the statute threatens his right as an individual citizen to speak out against male and female homosexual acts and the state has expressly refused to offer any assurance it will not prosecute Cummings if he does so outside his church. Is not true of the institutional church plaintiffs. We will reverse the district court's order and remand for further proceedings consistent with this opinion in so far as its order applies to Reverend Cummings. We will. We also held that the possibility of private enforcement of the Act by activist homosexual groups was too remote to constitute an immediate threat of potential harm and. The case was not ripe and that the federal court should abstain under Railroad Commission of Texas v. It held that the case was not ripe. It is unlawful for an employer </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="533"></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-5.gif" ALT="533"></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-5.gif" ALT="533"></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-5.gif" ALT="533"></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-5.gif" ALT="533"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/3BC4CBC4E3F50F418825715600022D4D/$file/0457037d.pdf?openelement">OPINION/ORDER</A><BR> 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 </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="533"></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-5.gif" ALT="531"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Oct1996/96a1437p.txt">OPINION/ORDER</A><BR> At issue is the ownership of certain real property in Camden. The district court held that Plaintiff Scotts African Union Methodist Protestant Church ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="531"></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-5.gif" ALT="529"></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-5.gif" ALT="527"></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="527"></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="524"></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-5.gif" ALT="522"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/04/03/021279P.pdf">OPINION/ORDER</A><BR> 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 </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="522"></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-5.gif" ALT="522"></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-5.gif" ALT="522"></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="520"></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-5.gif" ALT="518"></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="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.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//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-5.gif" ALT="518"></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-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="516"></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-5.gif" ALT="516"></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-5.gif" ALT="516"></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-5.gif" ALT="514"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/946780.U.pdf">OPINION/ORDER</A><BR> Unpublished opinions are not binding precedent in this circuit. I. Doswell is an inmate of the Virginia Department of Corrections ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="514"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/04/03/023035P.pdf">OPINION/ORDER</A><BR> The district courts then determined that the exemption was severable from the remainder of the statute. We describe the parties generally immunization conflicts with the religious tenets and practices of a recognized church or religious denomination of which the parent or guardian is an adherent or member. The first group of parties consists of Arkansas schoolchildren who were excluded from school or threatened with exclusion from school for failure to receive immunization treatments for Hepatitis B. This decision will also be of understandable concern to those who previously enjoyed the immunization exemption as adherents or members of a recognized church or religious denomination. The recourse of both groups is to communicate their concerns to the Arkansas Legislature. For it is within the province of the legislature and not this Court to enact a religious exemption provision that comes within constitutional boundaries. Set forth a separate analysis to conclude that the religious beliefs exemption was unconstitutional and severable. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="509"></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-5.gif" ALT="509"></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="509"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/1998F0C54D1522E488256E5A00707D5F/$file/0070429.pdf?openelement">OPINION/ORDER</A><BR> Denied Popova's petition because she failed to establish that this treatment was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="509"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/common/opinions/199906/96-7239b.txt">OPINION/ORDER</A><BR> With him on the briefs were John M. With him on the brief were Wilma A. With him on the brief was Arthur B. Farris was on the brief for amicus curiae Home School Legal Defense Association. Holding that it violates the fundamental rights of minors and their parents and is unconstitutionally vague. Rehearing en banc was granted. Determining that juvenile crime and victimization in the District was a serious prob lem and growing worse unanimously adopted the Juvenile Curfew Act of 1995. The curfew contains eight </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="509"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/72E6723B9A351D1788256DD0007C2D1F/$file/0156710.pdf?openelement">OPINION/ORDER</A><BR> Argued the case and was on the brief for the defendants appellees. Were on the brief. Is withdrawn and replaced by RESNICK v. The petition for rehearing en banc was circulated to the full court. The petition for rehearing and petition for rehearing en banc are DENIED. No further petitions for rehearing or requests for amendment will be accepted. I Herman Resnick is an Orthodox Jew who has been incarcerated at the United States Penitentiary at Lompoc. Dairy products and meat are not allowed to be consumed in the same meal. It is customary to wait at least six hours after consuming meat to eat dairy and at least one hour after drinking milk to eat meat. The general parameters of the CFP are set forth in section seven of Program Statement Number 4700.04 ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="509"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/961297.P.pdf">OPINION/ORDER</A><BR> His employment was terminated as part of Interfaith Impact's </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="507"></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-5.gif" ALT="507"></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-5.gif" ALT="507"></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-5.gif" ALT="505"></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="505"></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-5.gif" ALT="503"></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-5.gif" ALT="503"></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-5.gif" ALT="503"></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-5.gif" ALT="503"></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-5.gif" ALT="503"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/1355524B6BBE7CD788256E5F00811206/$file/0273527.pdf?openelement">OPINION/ORDER</A><BR> Guo was not subjected to past persecution are not supported by substantial evidence. Guo was born on June 8. He is a citizen of the People's Republic of China. Guo alleging that he was subject to removal from the United States because he had remained in this country longer than permitted by the non immigrant visa without authorization from the INS. Guo admitted the allegations contained in the notice to appear and conceded that he was subject to removal. Guo was seeking asylum. The removal proceedings were held on August 2. He came to the United States because he was persecuted by the Chinese government for believing </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="501"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/01/11/003204P.pdf">OPINION/ORDER</A><BR> Is serving a life sentence for murder. The magistrate judge recommended granting injunctive relief permitting Walker to attend Jewish services but concluded that Walker was not entitled to monetary damages. The defendants argue that Walker's claim is barred by res judicata and collateral estoppel. That Walker's claim is barred under 42 U.S.C. § 1997e(a) because Walker failed to exhaust his intra penitentiary remedies. Claiming that their First Amendment rights under the Free Exercise Clause had been violated by the requirement that the inmates prove their Jewish faith to a Jewish consultant before they could have kosher food. The district court determined that the plaintiffs' First Amendment rights were not violated because their professed Jewish beliefs were not sincerely held. The district court also determined that the restrictions imposed upon the plaintiffs were </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="501"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/A6BCDA0F879E9D5388256CBB005AB393/$file/0156710.pdf?openelement">OPINION/ORDER</A><BR> Argued the case and was on the brief for the defendants appellees. Were on the brief. I Herman Resnick is an Orthodox Jew who has been incarcerated at the United States Penitentiary at Lompoc. The general parameters of the CFP are set forth in section seven of Program Statement Number 4700.04 ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="496"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/031314R1.P.pdf">OPINION/ORDER</A><BR> Respecting the denial of rehearing en banc: The points raised by my colleague in dissent from the denial of rehearing en banc are. Dissenting) ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="496"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/46B2079E8BA35E9288256D4E007AA1A8/$file/0270467.pdf?openelement">OPINION/ORDER</A><BR> Circuit Judge: Petitioner Valentina Nagoulko is a 42 year old female native and citizen of the Ukraine. The asylum application was denied on May 18. Which was held on April 10. 1 finding Nagoulko's testimony to be credible but nevertheless determining that Nagoulko was ineligible for asylum and withholding of deportation.2 The IJ reasoned that although Nagoulko demonstrated a subjective fear of persecution. She could not show her fear was objectively reasonable. We have jurisdiction. She testified as follows: Nagoulko was born in the Ukraine in 1960 while the country was under Soviet Communist rule. Her mother was a member of the Pentecostal Christian faith and Nagoulko was raised as a Pentecostal. As a child she was pressured to join the Young Communist League but refused because of her religious beliefs. She was also persistently teased and discriminated against by teachers and other students because of her The IJ's oral decision was initially issued on April 12. While she was employed as a kindergarten teacher. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="496"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/7E6D73AB35929DB088256C08005A8578/$file/0099000.pdf?openelement">OPINION/ORDER</A><BR> WOODFORD At the penalty phase of a trial in which a death sentence is at stake. We are confronted here with the issue of whether. Directing the jury to consider any circumstance </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="496"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/8A622218540AA87D88256D3D006EFA7B/$file/0030220.pdf?openelement">OPINION/ORDER</A><BR> Circuit Judge: Once again we are asked to delineate the appropriate scope of criminal law power as it is reposed within the federal government: this time. The Spokane Valley Fire Department responded to a fire at the local Subud church.1 The fire was reported by a Miss Jensen. No one was injured in the fire. The Government would be able to present evidence at the trial that SUBUD Pacific Northwest is a spiritualistic organization and serves members in Alaska. The Church is also insured by an out of state company. Since several of the Church's members are from out of state and various funds have been transferred between states and internationally. 7764 UNITED STATES v. Lamont has served his sentence and is currently on supervised release. This principle means that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="496"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=01-2460.01A">OPINION/ORDER</A><BR> With whom <U>Robert Roughsedge</U> and <U>Michael Williams</U> were on brief. LLP</U> were on brief. We affirm: the record shows beyond hope of contradiction that the ban on unattended structures is a content neutral restriction on the time. There is no violation of the Free Exercise Clause because the regulation is a neutral law of general applicability. The regulation was only intended to apply to private parties. There is nothing in the record that shows preferential treatment in respect to any unattended structure erected by such a party.</FONT></P> <P><FONT FACE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="494"></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-4.gif" ALT="494"></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-4.gif" ALT="494"></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-4.gif" ALT="494"></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="494"></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-4.gif" ALT="494"></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="494"></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-4.gif" ALT="494"></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-4.gif" ALT="492"></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="492"></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-4.gif" ALT="492"></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-4.gif" ALT="492"></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-4.gif" ALT="492"></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-4.gif" ALT="488"></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="488"></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-4.gif" ALT="483"></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-4.gif" ALT="483"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/98/04/964010P.pdf">OPINION/ORDER</A><BR> I. BACKGROUND Leslie Cowan was hired by the Strafford R VI School District as a second grade teacher on a probationary basis in the fall of 1990. Her contract was subject to renewal by the School Board on an annual basis. The decision of whether or not to renew an elementary school teacher's contract was made by the School Board with the advice of the school principal. Cowan believes that this action was a result of a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="481"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA1LTQ3NTYtYWdfb3BuLnBkZg==/05-4756-ag_opn.pdf">OPINION/ORDER</A><BR> 000 pursuant to 26 U.S.C. § 6673 because petitioner's arguments were frivolous within the meaning of the statute. The claim is not new. 1 although it is presented in somewhat unusual garb. 000 pursuant to 26 U.S.C. § 6673(a)(1) based on its conclusion that petitioner's arguments were frivolous within the meaning of the See. 176 F.3d 25 (2d Cir. 1999) (holding that taxpayers cannot withhold the portion of their taxes which they calcu late will be allocated for military purpose s). Any other acceptable materials . . . show that there is no genuine issue as to any material fact and that a decision may be rendered as a matter of law. We conclude that his legal arguments are without merit. It is well settled that the collection of tax revenues for expenditures that offend the religious beliefs of individual taxpayers does not violate the Free Exercise Clause of the First Amendment. It is similarly well settled that RFRA does not afford a right to avoid payment of taxes for religious reasons. 176 F.3d at 26 (rejecting RFRA claim on the ground that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="479"></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-4.gif" ALT="479"></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-4.gif" ALT="479"></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="479"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/05a0085n-06.pdf">OPINION/ORDER</A><BR> BACKGROUND Figel is an inmate at the Alger Maximum Correctional Facility in Michigan. Or other publication that is not received directly from the publisher. Or is not received from an authorized vendor. Were confiscated.1 In each instance. Figel received a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="479"></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-4.gif" ALT="479"></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="477"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/991860.P.pdf">OPINION/ORDER</A><BR> Which is integral to the spiritual and pastoral mission of the Catholic Church and many other religious traditions. I. Joyce Austin was hired by Sacred Heart Cathedral in 1983 to be Director of the Cathedral Folk Choir. Austin is a practicing lay Roman Catholic. Sacred Heart Cathedral is a Roman Catholic church and a constituent part of the Roman Catholic Diocese of Raleigh. She was responsible for the school choir and the school handbell choir. Austin's actual duties were then summarized in a handwritten document agreed to by her and Father Lewis. Among the duties listed were: teaching at the school. Austin was also required to approve music for weddings even if she was not available for the ceremonies. She was also made part of the Worship Committee and was required to attend the committee's monthly meetings and participate in seasonal liturgy planning. Two of whom were not Catholic. Father O'Connor informed Austin that the Director of Music Ministry position was being redesigned and that she would no longer serve in the position as of June 30. </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.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.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="472"></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="472"></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="472"></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="472"></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="472"></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-4.gif" ALT="472"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/F1D4C2285FE9C71388256A7E000000C2/$file/9871087.pdf?openelement">OPINION/ORDER</A><BR> Fletcher was drawn to replace him. I. The BIA's factual determinations are reviewed under the substantial evidence standard. We may reverse if the evidence is such that a reasonable factfinder would be compelled to conclude that a well founded fear of persecution has been established. Lal was a prominent member of the Fijian Labor Party. The Labor Party was successful in its 1987 electoral bid. Which was controlled by members of the native Fijian population. Lal was dragged from his 1 The application for asylum is based on Mr. Since the applications of both his wife and child are derivative of his claim. We will focus on Mr. He was placed in detention and held for three days by the army. Explaining that his treatment was in retaliation for his work on behalf of the Labor Party. Lal was stripped of his clothes. Urine was forced into his mouth. He was cut with knives and singed with burning cigarettes. He was deprived of food and water. Lal was in jail. Sometime after he was released from detention. Lal was forced to watch the assault at gunpoint. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="472"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/E20BC6A38029FDAE88256E5A00707D1B/$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="472"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/BC632E5F14267BF488256DC20074CDEF/$file/0099000.pdf?openelement">OPINION/ORDER</A><BR> Payton was sentenced to death. 15172 PAYTON v. At issue here is Payton's contention that the jury did not consider. Directing the jury to consider any circumstance </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="472"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/051930p.pdf">OPINION/ORDER</A><BR> Was ordered to help prepare a meal that included pork. Williams was fired from his kitchen job. We are asked to determine whether. We will affirm the District Court's denial of qualified immunity with respect to Williams's First Amendment claim. I. Background Appellee Henry Williams ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="470"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200313011.pdf">OPINION/ORDER</A><BR> (2) the murals were school sponsored speech. (3) Appellees' response was reasonably related to legitimate pedagogical objectives. While the school was undergoing long term remodeling. Students were prevented from walking into construction areas by dozens of large plywood panels in interior and exterior hallways. These panels were ugly. Students were invited to paint murals on the panels. Three of these murals were most notable. Sharah's first mural was next to the school's main office. Sharah's second mural was only a few panels down from the office and read. Do you have time for Him? </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="470"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/FD455A299283FDD088256E5A00707D44/$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-4.gif" ALT="470"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/4AB40E242D93895A88256F7700573155/$file/0217148.pdf?openelement">OPINION/ORDER</A><BR> With him on the briefs was Terence J. Jones seeks damages based on violations of his constitutional rights while he was confined in jail as a civil detainee. Was awaiting proceedings under California's Sexually Violent Predator Act. We have jurisdiction pursuant to 28 U.S.C. § 1291. As this is an appeal from summary judgment. Because Jones is pro se. Where such contentions are based on personal knowledge and set forth facts that would be admissible in evidence. Where Jones attested under penalty of perjury that the contents of the motions or pleadings are true and correct. 460 n.10 (9th Cir. 1995) (pleading counts as </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="470"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//jan96/92-4773.man.html">UNITED STATES V. BEASLEY<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>United States v. Five codefendants were also charged with a substantive RICO count under 18 U.S.C. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="470"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/jan96/92-4773.man.html">UNITED STATES V. BEASLEY<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>United States v. Five codefendants were also charged with a substantive RICO count under 18 U.S.C. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="470"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/B2021DC9067E549888256AFE007E6776/$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-4.gif" ALT="468"></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-4.gif" ALT="468"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/07a0042n-06.pdf">OPINION/ORDER</A><BR> Plaintiffs Appellants are Teen Ranch. Defendants Appellees are Marianne Udow. Is responsible for providing care and supervision to abused. Delinquent children who have been committed to or placed in its care through state courts. The FIA is authorized to contract with private organizations to provide placement services. At least 35 of the providers are faith based organizations. Once a child is placed in the care of the FIA. A computerized grid is then used to determine the best placement for the child. Is an organization that has provided licensed and residential services for delinquent. Teen Ranch maintains that participation in the religious programming is voluntary since its policy does not mandate participation in any religious activity. Which was later confirmed. The letter also addressed Teen Ranch's representation that youth are not required to participate in religious programming. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="468"></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="468"></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-4.gif" ALT="468"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/07a0062p-06.pdf">OPINION/ORDER</A><BR> This decision was originally issued as an </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="466"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=06-1329_020.pdf">OPINION/ORDER</A><BR> Unless the government demonstrates that imposition of the burden </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="462"></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="462"></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-4.gif" ALT="462"></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-4.gif" ALT="462"></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-4.gif" ALT="462"></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 $1. 57 preferences are involved. The Klaassens argue that their entitlement to their personal exemptions is mandated by I.R.C. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="462"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/02a0170p-06.pdf">OPINION/ORDER</A><BR> Bollinger Page 3 appeal the district court's determination that the Law School's consideration of race and ethnicity in its admissions decisions violates the Equal Protection Clause of the Fourteenth Amendment and Title VI of the Civil Rights Act of 1964.1 The Law School contends that its interest in achieving a diverse student body is compelling under Regents of the University of California v. That its admissions policy is narrowly tailored to serve that interest. The Law School is joined by the Intervenors: forty one individuals and three student groups. The policy states that the Law School's </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="462"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/F2DC42822BDB96A688256EAC0059531F/$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-4.gif" ALT="459"></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="459"></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="459"></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="459"></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="459"></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="457"></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-4.gif" ALT="457"></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-4.gif" ALT="457"></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-4.gif" ALT="457"></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-4.gif" ALT="455"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//aug2001/00-12757.man.html">PENNINGTON V. CITY OF HUNTSVILLE (8/17/2001, NO. 00-12757)<BR></A><BR> Pennington was transferred to the Westside Center as a Recreational Aide.</SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="455"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/aug2001/00-12757.man.html">PENNINGTON V. CITY OF HUNTSVILLE (8/17/2001, NO. 00-12757)<BR></A><BR> Pennington was transferred to the Westside Center as a Recreational Aide.</SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="453"></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-4.gif" ALT="453"></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-4.gif" ALT="453"></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-4.gif" ALT="453"></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-4.gif" ALT="451"></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-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/dc/opinions/95opinions/95-5294a.html">TENACRE FOUNDATION V. INS<BR></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.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/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.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcU1VNXDA1LTQyMTdfc28ucGRm/05-4217_so.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.kscourts.org/ca10/cases/2002/06/01-1512a.htm">01-1512A -- FLEMING V. JEFERSON COUNTY SCHOOL DISTRICT R-1 -- 06/27/2002<BR></A><BR> Circuit Judges. <p> <hr align= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="446"></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="446"></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="446"></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="446"></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="446"></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="446"></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="446"></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="442"></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-4.gif" ALT="442"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2003/08/02-4162.htm">02-4162 -- SUAREZ V. UTAH BOARD OF PARDONS & PAROLE -- 08/29/2003<BR></A><BR> Is a Utah state prisoner appealing the district court's dismissal of his complaint. (3) the Governor and the Utah State Legislature have conspired to deny Suarez's due process rights by failing to properly oversee the Board's operation and correct the unconstitutional procedures. Which requires a court to dismiss any claims in a complaint filed <u>in forma pauperis</u> that are frivolous. Suarez contends that it was error for the district court to dismiss these claims. Suarez was sentenced to prison for a first degree felony.<a href= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="442"></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="442"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/99/08/983268P.pdf">OPINION/ORDER</A><BR> BACKGROUND Some of the background of this litigation is set forth in Peter v. Relevant to this fee dispute is the following. To whom this matter was referred for submission by consent of the parties under 28 U.S.C. § 636(c). Because another matter is pending in the district court. The State indicated it would work with the state board of education to repeal the rule to the extent it was inconsistent with Agostini. The State will no longer enforce the rule as limited to neutral sites </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="442"></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="442"></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-4.gif" ALT="442"></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-4.gif" ALT="442"></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-4.gif" ALT="442"></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-4.gif" ALT="442"></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-4.gif" ALT="442"></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-4.gif" ALT="442"></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-4.gif" ALT="442"></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-4.gif" ALT="442"></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-4.gif" ALT="442"></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-4.gif" ALT="442"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2002/06/01-1512.htm">01-1512 -- FLEMING V. JEFFERSON COUNTY SCHOOL DISTRICT -- 06/27/2002<BR></A><BR> Holding that the District's guidelines governing a tile painting project at Columbine High School ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="433"></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="433"></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="433"></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="433"></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="433"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/042648np.pdf">OPINION/ORDER</A><BR> We will affirm. Sought and was denied a uniform exemption for her two children. This basis for exemption was rejected. The school Superintendent cited the absence of any evidence that atheism is incompatible with school uniforms. Our jurisdiction is based on 28 U.S.C. § 1291. Our review of the District Court's order granting summary judgment is plenary. Wilkins acknowledges that rational basis scrutiny is the appropriate mode of analysis under the Equal Protection 3 Clause. Is whether the religious exemption to the school uniform policy is a rational means of achieving a legitimate state end. I. The District Court held the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="433"></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="433"></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="433"></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="433"></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="431"></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-4.gif" ALT="431"></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-4.gif" ALT="431"></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-4.gif" ALT="431"></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-4.gif" ALT="431"></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-4.gif" ALT="431"></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-4.gif" ALT="431"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/E50237D3832C332B88256F62005DA2A8/$file/0272515.pdf?openelement">OPINION/ORDER</A><BR> Is a derivative applicant whose petition depends MANSOUR v. Mansour and Ewada ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="431"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/DCCC7574321C3BF788256CA20064A5F3/$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-4.gif" ALT="427"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=05-4161.wpd">OPINION/ORDER</A><BR> The case is therefore submitted without oral argument. <hr> HOLMES. G. Cook is married to D. After concluding <hr> that plaintiffs have forfeited any challenge to the constitutionality of Utah's civil prohibition of polygamous marriages. That polygamous or plural marriages are forever prohibited. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="427"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2002/08/01-4090.htm">01-4090 -- PETERSEN V. UTAH DEPT. OF CORRECTIONS -- 08/22/2002<BR></A><BR> We have jurisdiction under 28 U.S.C. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="427"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/mar2003/02-13981.opn.html">WOMEN'S EMERGENCY NETWORK V. BUSH (3/7/2003, NO. 02-13981)<BR></A><BR> An injunction preventing Appellees from enforcing the Act and a declaration that the Act is unconstitutional. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="427"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/jan95/93-3271.html">BEADLE V. CITY OF TAMPA<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Beadle v. Beadle was a practicing member of the Seventh Day Adventist Church. One of the tenets of this faith is the prohibition of secular labor on its Sabbath </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="427"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//mar2003/02-13981.opn.html">WOMEN'S EMERGENCY NETWORK V. BUSH (3/7/2003, NO. 02-13981)<BR></A><BR> An injunction preventing Appellees from enforcing the Act and a declaration that the Act is unconstitutional. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="427"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//jan95/93-3271.html">BEADLE V. CITY OF TAMPA<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Beadle v. Beadle was a practicing member of the Seventh Day Adventist Church. One of the tenets of this faith is the prohibition of secular labor on its Sabbath </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="427"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/017782.U.pdf">OPINION/ORDER</A><BR> Unpublished opinions are not binding precedent in this circuit. The Supreme Court provided the following factors for lower courts to weigh when evaluating constitutional challenges to prison regulations: (1) a regulation must have a logical connection to legitimate governmental interests invoked to justify it. (2) the inmates should have alternative means of exercising their religious rights. The district court found that the regulations restricting Young's possession of these items were reasonably related to legitimate penological interests and granted summary judgment to Saunders. The regulations that limit Young's access to these items are general in their applicability and do not target the religious practice of Voodoo. SAUNDERS 3 quate support for the conclusion that accommodating Young's request for these items would have undesirable results in ACC. They have failed to articulate the manner in which these legitimate goals are advanced by restricting the purchase of non flammable prayer oil and religious powder. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="425"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/nov99/99-10895.ma2.html">FORD V. HALEY (11/8/1999, NO. 99-10895)<BR></A><BR> Circuit Judge:</P> <P> Petitioner Pernell Ford ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="425"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/001541.U.pdf">OPINION/ORDER</A><BR> Unpublished opinions are not binding precedent in this circuit. Six individuals who are members of the Unification Church. After the action was filed. Moved to dismiss appellants' complaint because the conduct alleged therein was no longer ongoing and the relief sought by appellants constituted retroactive relief barred by the Eleventh Amendment. We agree with the district court that appellants' request for injunctive relief was mooted by issuance of the Task Force's Report and that a declaratory judgment INT'L. The Task Force was directed to submit its findings and recommendations to the Governor and the General Assembly no later than September 30. Though HJR 22 was passed in May 1998 and the Task Force held public meetings between May 25. Was: (1) a declaration that HJR 22 was facially unconstitutional and void. MARYLAND of the Task Force was unconstitutional. The Task Force's Report was publicly released on September 17. It is undisputed that neither HJR 22 nor the Task Force are currently in operation. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="425"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//nov99/99-10895.ma2.html">FORD V. HALEY (11/8/1999, NO. 99-10895)<BR></A><BR> Circuit Judge:</P> <P> Petitioner Pernell Ford ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="422"></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="422"></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-4.gif" ALT="422"></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-4.gif" ALT="422"></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="422"></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-4.gif" ALT="422"></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-4.gif" ALT="422"></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-4.gif" ALT="422"></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-4.gif" ALT="422"></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="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.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.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.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://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://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://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="418"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/981773.U.pdf">OPINION/ORDER</A><BR> Unpublished opinions are not binding precedent in this circuit. Rosenbaum is a tenured member of the faculty at Montgomery College in Rockville. He is a professor of psychology and served as chair of the psychology department from 1969 until 1980. He was removed from the chairmanship because of the dissatisfaction of those within his department. When he alleges that he was instructed to stop hiring Jewish and African American faculty members. Rosenbaum filed a complaint against Montgomery College with the Equal Employment Opportunity Commission (EEOC) alleging religious and sex discrimination (Rosenbaum is a member of the Jewish faith). Rosenbaum was unable to perform his duties as a professor during a series of lengthy absences resulting from a respiratory illness.1 In 1993. This complaint was dismissed by the EEOC in March 1995 with another right to sue letter. Rosenbaum has filed a third EEOC complaint which was dismissed because of the pending litigation. He was granted eighty hours of advance sick leave on 03/28/91. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="418"></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="418"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1998/11/96-6399.htm">96-6399 -- ROBINSON V. CITY OF EDMOND -- 11/06/1998<BR></A><BR> Because the reasons offered by the district court in support of its reduction of the fee request are clearly erroneous. We must reiterate much of the procedural history of the case even though the facts of the substantive dispute are fully recounted in our 1995 decision. <u>See</u> <u>Robinson v. Finding that the plaintiffs' Establishment Clause claim and the related Oklahoma Constitution claim were </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="418"></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-4.gif" ALT="418"></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="418"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/96/05/952549U.pdf">OPINION/ORDER</A><BR> Which stated: A member is not to go into court to have a name change. Because you are not changing your name. You are proclaiming something you always have been by being born a Moorish American. One is not to change any existing records. When and where it is called for. Concluding that the Moors had not shown that the prohibition on obtaining a legal name change was a requirement of their faith. The policy was the least restrictive means for fulfilling a compelling governmental interest. 366 67 We conclude that summary judgment was The Moors produced unrebutted evidence that their religion See In re Young. 1996) (threshold inquiry of RFRA claim is whether governmental action substantially burdens religious practice. So defendants' evidence regarding administrative burden is inapposite. Summary judgment on this claim was improper as to defendant Benson. policy. Summary judgment was proper as to defendant Hokonson. See the Moors have offered no evidence connecting him to the name change also Dicken v. That their equal protection rights were violated because a Native American group was allowed a group account. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="418"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1998/10/97-2099.htm">97-2099 -- MIGNEAULT V. PECK -- 10/23/1998<BR></A><BR> Migneault was an employee of the University. She was placed on lay off status in March 1994 and laid off in June 1994. She was married to Robert L. She was over forty years old at all relevant times. <p> In March 1994. The position was two grades lower on the University personnel scale than her position at the Center for Non Invasive Diagnosis and paid roughly $10. Three of the four candidates were over the age of forty. Who was under forty years old. Migneault was told she was not offered the job because she was overqualified and because there was a feeling she would not be happy in the position. Migneault alleges these reasons were pretextual for age discrimination.<a href= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="418"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2004/01/03-6090.htm">03-6090 -- DERRICK V. WARD -- 01/08/2004<BR></A><BR> The case is therefore ordered submitted without oral argument. <p> Donald E. The district court found that Derrick's claims against the defendants in their official capacities were barred by the Eleventh Amendment. That the undisputed facts demonstrated that Derrick's constitutional rights were not violated. The district court determined also that Dennis Burrell and Arthur Lightle were not proper defendants. We affirm. <p align= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="418"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/053578np.pdf">OPINION/ORDER</A><BR> Because the IJ's adverse credibility finding was supported by substantial evidence. We will deny the petition for review. Arslan is a native and citizen of Turkey. Alleging that he was removable as </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="418"></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-4.gif" ALT="409"></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-4.gif" ALT="409"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=04-2446_011.pdf">OPINION/ORDER</A><BR> Lance Corporal Rasheed Alhassan sought a discharge from the United States Marine 2 No. 04 2446 Corps as a conscientious objector but his request for conscientious objector status was denied. Alhassan petitioned the district court for relief under habeas corpus but the district court denied his petition finding that the Marine Corps had a basis in fact for denying him status as a conscientious objector because he made his request immediately after learning of his imminent departure to Iraq and he never expressed any anti war religious sentiment until he was about to be deployed. He was twenty one years old and declared that he was not a conscientious objector. Nor did he ever have. Alhassan was interviewed by various military officials. Captain Dansek concluded that Alhassan was suffering from </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="407"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/981536.U.pdf">OPINION/ORDER</A><BR> No. 98 1536 Unpublished opinions are not binding precedent in this circuit. They were listed as dependents on Setargie's application for asylum and are subject to the same final order of deportation entered by the Board. This presumption may be rebutted by evidence demonstrating that there is no longer a reasonable fear of future persecution. Such as when conditions in an alien's native country have changed significantly. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="407"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/041384np.pdf">OPINION/ORDER</A><BR> We have before us a petition for review of the decision of the Board of Immigration Appeals ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="407"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1998/11/96-6399a.htm">96-6399A -- ROBINSON V. CITY OF EDMOND -- 11/06/1998<BR></A><BR> Including <em>civil rights</em> defense. <p> A corrected copy of page four of the concurrence/dissent is attached. <p> Sincerely. Because the reasons offered by the district court in support of its reduction of the fee request are clearly erroneous. We must reiterate much of the procedural history of the case even though the facts of the substantive dispute are fully recounted in our 1995 decision. <u>See</u> <u>Robinson v. Finding that the plaintiffs' Establishment Clause claim and the related Oklahoma Constitution claim were </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="407"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/05a0382p-06.pdf">OPINION/ORDER</A><BR> Plaintiff Cornelius Hoevenaar is a native American of Cherokee ancestry currently serving a life sentence in the Ohio prison system. Hoevenaar claims that prison rules regulating hair length violate his right to practice his religious beliefs and are in violation of the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA). Allowing Hoevenaar to maintain a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="403"></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-4.gif" ALT="403"></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="403"></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-4.gif" ALT="403"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/D55EFDDBE4500BCD88256CD200544B1A/$file/0117226.pdf?openelement">OPINION/ORDER</A><BR> Concluding that the school officials' acts were necessary to avoid violating the Establishment Clause. Plaintiff was one of two co salutatorians of the Amador Valley High School class of 1999. He was invited to deliver a speech at the school's graduation ceremony that year. Who is a devout Christian. Coupe and the district's counsel advised Plaintiff that references to God as they related to Plaintiff's own beliefs were permissible. That proselytizing comments were not. The three portions of his speech that the school told him to remove were: I urge you to seek out the Lord. Blessed is he whose help is the God of Jacob. Whose hope is in the Lord his God. The Lord lifts up those who are bowed down. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="403"></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="403"></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-4.gif" ALT="403"></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-4.gif" ALT="403"></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="403"></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="403"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/00a0092a-06.pdf">OPINION/ORDER</A><BR> Paul is a parish of the Roman Catholic Church located within the Catholic Diocese of Toledo. Father Willman is responsible for all religious matters within the parish. She was awarded a full time eighth grade teaching position for the 1994 1995 school year. Cline's employment was governed by the standard St. 2) a statement that the signer will </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="403"></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="399"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/07a0012p-06.pdf">OPINION/ORDER</A><BR> Hollins challenges the order of the district court dismissing her claim based on lack of subject matter jurisdiction under the constitutional </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="399"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Jul1998/98a1921p.txt">OPINION/ORDER</A><BR> We are asked to decide whether two Jewish inmates detained in the Pennsylvania prison system have a constitutional right to hot kosher meals provided to them at the Commonwealth's expense. 2 As inmates at the Pennsylvania State Correctional Institute in Somerset (the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="399"></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-3.gif" ALT="396"></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="396"></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-3.gif" ALT="396"></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="396"></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-3.gif" ALT="396"></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-3.gif" ALT="396"></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="396"></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="394"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/4F3AFBBA7C4018C388256E8C005AADA8/$file/0171407.pdf?openelement">OPINION/ORDER</A><BR> 2003 is AMENDED as follows: 1. The text of the footnote reads: 11 There is no need to remand to the BIA under INS v. The INS represented that: </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="394"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/996398F506EE119C88256D5F00830B55/$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-3.gif" ALT="394"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/EE0FC6A9B47180B0882572EA0052ED7D/$file/0417050.pdf?openelement">OPINION/ORDER</A><BR> Was a member of a small religious group. Noyes claims that she was passed over for a promotion because she does not adhere to the religious beliefs of the Fellowship. That a Fellowship member was promoted instead. When she was laid off. Noyes was passed over for a promotion to the position of Software Development Manager. Is a religious organization whose followers adhere to </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="392"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/992015.U.pdf">OPINION/ORDER</A><BR> Unpublished opinions are not binding precedent in this circuit. I. Appellee Novo Nordisk is one of only two suppliers of insulin in the United States and operates an insulin manufacturing facility in Clayton. Appellant Walker was employed by Novo Nordisk from April 1995 to April 1997. Walker's first position with Novo Nordisk was that of a filling operator. Walker and the others were required to work because the </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/unpub/02/02-30026.0.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. FACTUAL AND PROCEDURAL HISTORY Teresa George ( </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.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://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.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.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.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.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.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.ll.georgetown.edu/federal/judicial/dc/opinions/97opinions/97-1116a.html">LUTHERAN CHCH MO V. FCC<BR></A><BR> Schaerr</i> were on the briefs.<p> <p> <p> <i>Daniel M. Were on the brief. <i><p> Robert B. Honig</i> was on the brief for intervenors Missouri <p> State Conference of Branches of the NAACP. Was on the brief for the United States as <i><p> amicus curiae.</i><p> <p> <i>Michael E. Rosman</i> was on the brief for <i>amici curiae</i> <p> Center for Individual Rights and National Religious Broad <p> casters. <i>Michael P. May </i><p> were on the brief for <i>amicus curiae</i> American Center for <p> Law and Justice.<p> <p> Before: Silberman. Both stations <p> <p> <p> are housed on the campus of the Church's Concordia Semi <p> nary and. </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.cadc.uscourts.gov/common/opinions/199804/97-1116a.txt">OPINION/ORDER</A><BR> Schaerr were on the briefs. Were on the brief. Honig was on the brief for intervenors Missouri State Conference of Branches of the NAACP. Was on the brief for the United States as amicus curiae. Rosman was on the brief for amici curiae Center for Individual Rights and National Religious Broad casters. May were on the brief for amicus curiae American Center for Law and Justice. Both stations are housed on the campus of the Church's Concordia Semi nary and. </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="386"></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-3.gif" ALT="386"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/051866np.pdf">OPINION/ORDER</A><BR> We will deny the petition. Charging that Vurmaz was subject to removal under the Immigration and Nationality Act. Vurmaz and his family were </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="386"></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-3.gif" ALT="386"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/02/02-4012.PDF">OPINION/ORDER</A><BR> Wicca is a polytheistic faith based on beliefs that prevailed in both the Old World and the New World before Christianity. Except as provided in subsection (b) of this section. (b) Government may substantially burden a person's exercise of religion only if it demonstrates that application of the burden to the 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. §2000bb 1. That is not a correct statement of Boerne's holding. Does not require government to accommodate religious beliefs adversely affected by laws and practices that are neutral with respect to matters of faith. This permits Congress to determine how the national government will conduct its own affairs. (It would not be tenable to argue that prison management is a subject constitutionally committed to the President to the exclusion of the Congress.). A view as applicable to federal agencies as it is to states. We have in the past left open the question whether the RFRA may be applied to the internal operations of the national government. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="386"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/982376.U.pdf">OPINION/ORDER</A><BR> Unpublished opinions are not binding precedent in this circuit. An alien must demonstrate that he is a refugee within the meaning of the Immigration and Nationality Act ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="386"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=04-2673.01A">OPINION/ORDER</A><BR> Were on brief. Weizenbaum Ltd.</SPAN> were on brief. Some of which (such as a nativity scene) were overtly religious. We reverse.</SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="386"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/docs/common/opinions/200702/05-5379c.pdf">OPINION/ORDER</A><BR> William Perry Pendley was on brief. Was on brief. We hold that the IBLA's interpretation of FLPMA section 1714(b) to allow consecutive segregation periods with different purposes is reasonable. That the IBLA's conclusion that the two segregation periods were not identical was not arbitrary or capricious and that the Secretary's withdrawal was not arbitrary or capricious and does not violate the Establishment Clause of the First Amendment to the United States Constitution. A. Statutory Background FLPMA provides that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="386"></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-3.gif" ALT="383"></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="383"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/02/03/011233P.pdf">OPINION/ORDER</A><BR> She was authorized to remain in this country until March 23. Francois was placed in deportation proceedings by the filing of an Order to Show Cause with the Immigration Court. The Order charged that Francois was an alien who failed to comply with the conditions of the nonimmigrant status under which she had been admitted to the United States. B. Factual Background Francois contends she was subject to past persecution in Eritrea because of her religious beliefs and political opinion. That she has a well founded fear of future persecution if she returns because she is (1) a Christian. Francois's Individual Experiences Francois belonged to the Catholic Youth Organization (CYO) and was involved in studying the Bible and teaching the Catechism. The last time she distributed pamphlets was in 1986. The ELF was a group that opposed the Marxist Mengistu regime. Francois was prepared to perform two years of government service in exchange for her free education at the university. She refused to cooperate in the study of that ideology because it denied the existence of God and was against her religion. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="383"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2004/03/02-4099.htm">02-4099 -- NATURAL ARCH AND BRIDGE SOCIETY V. ALSTON -- 03/23/2004<BR></A><BR> The gist of the complaint was as follows: <p> This case concerns the management policies and practices of Defendant National Park Service (Park Service) that prevent visitors to the Rainbow Bridge National Monument (Rainbow Bridge or Monument) from approaching the rock span that is the central attraction of the Monument unless those visitors are Native Americans or are engaging in Native American religious ceremonies. <p> The first cause of action was based on an alleged violation of the Establishment Clause in the First Amendment of the United States Constitution. Cause of action was based on an alleged violation of </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="383"></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-3.gif" ALT="383"></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="383"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/A108E25BD9F7F07E88256E5A00707C18/$file/0016708.pdf?openelement">OPINION/ORDER</A><BR> FACTUAL AND PROCEDURAL BACKGROUND Solano is a medium security prison about thirty five miles southwest of Sacramento. 800 are enrolled in the prison's work incentive program. Being late or </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="383"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/39CB2AE80E0EAB7488256A9C005A88E8/$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="383"></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-3.gif" ALT="383"></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-3.gif" ALT="381"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/7F1A81F5BC7E2DA5882571BD008003CE/$file/0450318.pdf?openelement">OPINION/ORDER</A><BR> With him on the consolidated brief were Debra Wong Yang. That a limited remand is appropriate to give the district court the opportunity to correct the supervised release term that it imposed as part of Israel's sentence. The organization was run by Cleo Page. Trice was involved in selling drugs for Page and would deliver cocaine base to buyers at prearranged locations. Decoud was also a member of the organization. The stated purpose of the wiretap was primarily to investigate an alleged conspiracy to manufacture and distribute controlled substances. Relying on discoveries made during the pre wiretap investigation and stating that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="381"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/30FAC91B2BC338AC882569FA00606EF7/$file/9999010.pdf?openelement">OPINION/ORDER</A><BR> ORDER The Brief of Amici Curiae is ordered filed. Is amended as follows: At 231 F.3d 1140. Add the following sentence to the end of the first paragraph under that same heading: </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="381"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/docs/common/opinions/200407/03-5329a.pdf">OPINION/ORDER</A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="381"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/5010D314FAF39DF788256E5A00707A62/$file/9999010.pdf?openelement">OPINION/ORDER</A><BR> ORDER The Brief of Amici Curiae is ordered filed. Is amended as follows: At 231 F.3d 1140. Add the following sentence to the end of the first paragraph under that same heading: </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="377"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/031245p.pdf">OPINION/ORDER</A><BR> For himself and on behalf of all similarly situated prisoners who are confined or will be confined in Long Term Segregation Units of State Prisons located in the Western Judicial District of Pennsylvania. We disagree and therefore will reverse. I. Factual and Procedural Background The LTSU was established at SCI Pittsburgh in April 2000 as a place to confine a small population of inmates1 which the DOC views. Violent or problematic to house elsewhere.2 Inmates are classified at </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="377"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=04-1145.wpd">OPINION/ORDER</A><BR> We have jurisdiction under 28 U.S.C. 1291. We AFFIRM. (1) This order and judgment is not binding precedent. Was employed by McKesson from November 22. Nurses are required to proceed systematically through the algorithms to reach the appropriate level. The average call is to last nine minutes. The nurses are instructed to refer to items from a set list of approved information sources. We are told. She was to refer them to their local spiritual leaders rather than imparting her personal religious viewpoint. The caller was offended and terminated the encounter. She also recited the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="377"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/033761p.pdf">OPINION/ORDER</A><BR> Circuit Judge Before us is a Petition for Review of a decision by the United States Department of Justice Board of Immigration Appeals ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="377"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=06-2284_009.pdf">OPINION/ORDER</A><BR> In March 2003 Adelman Reyes was promoted to associate professor. A tenure candidate's dossier is first evaluated by the candidate's college Rank & Tenure Committee. Is forwarded to the University Committee for consideration and decision. The University Committee's decision is then sent to the Vice President of Academic Affairs. This information was forwarded to Gulley. This is consistent with Chalokwu's statement that a 4 No. 06 2284 dean's recommendation on tenure is ordinarily </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="375"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=06-3387_007.pdf">OPINION/ORDER</A><BR> I There are few additional facts that matter on appeal. That the position of Head Sister (Elder sister) is a traditional religious occupation or vocation within their denomination . . . [but rather has shown only that] the position is primarily an amalgam of secular and administrative duties </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="375"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2003/06/02-4159.htm">02-4159 -- LONGYEAR V. UTAH BOARD OF PARDONS & PAROLE -- 06/05/2003<BR></A><BR> The case is therefore ordered submitted without oral argument. <p> Appellant Bruce R. 1915(e)(2)(B) (requiring district court to dismiss a complaint when it determines that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="373"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=05-9540.wpd">OPINION/ORDER</A><BR> The case is therefore ordered submitted without oral argument. (1) This order and judgment is not binding precedent. She testified that her father is a Seventh Day Adventist minister in Indonesia and that one night a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="373"></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-3.gif" ALT="373"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcU1VNXDA0LTA4MjMtYWdfc28ucGRm/04-0823-ag_so.pdf">OPINION/ORDER</A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="373"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=04-1630_016.pdf">OPINION/ORDER</A><BR> Filed suit under 42 U.S.C. § 1983 against Wisconsin prison officials for actions taken while he was incarcerated in that state. We have concluded that oral argument is unnecessary. The appeal is therefore submitted on the briefs and the record. Conyers was punished. His disciplinary conviction later was expunged after a successful administrative appeal. Guards frisked Conyers as he was leaving the prison chapel. Conyers was found guilty at a disciplinary hearing. This time his appeal of the conviction was unsuccessful. The ticket was classified as a major offense because Conyers had previously been convicted of possessing the same type of contraband. A few days later Conyers was sentenced to 90 days in segregation. While Conyers was serving his segregation time. He asked to be provided with late bagged dinners during the Fast of Ramadan but was told that the deadline to sign up for that service had passed. Its timing is based on the lunar calendar and the start date moves backwards by eleven days each year. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="373"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/062687np.pdf">OPINION/ORDER</A><BR> We will deny the petition for review. We will forego a lengthy discussion of the facts and procedural history of this case. We will only briefly discuss the facts of the case as they are pertinent to the issues. Samu is a citizen of Indonesia and is of Chinese descent. Samu is a practicing Christian. Samu was temporarily authorized to stay in the United States from November 9. Was statutorily ineligible for that relief because his application was time barred. When Samu's little sister was kidnaped by a native Indonesian man. The third and final incident occurred while Samu was living in the United States in the summer of 1999. The IJ determined that the discrimination and prior incidents of violence were inadequate to establish a clear probability Although Samu stated that the riot was the result of tension between Christians and Muslims. There is also evidence that the source of the riot was economic unrest. 2 1 that the he would be harmed if returned to Indonesia. Jurisdiction & Standard of Review We have jurisdiction to review a final order of removal of the BIA under 8 U.S.C. § 1252(a)(1). </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="373"></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-3.gif" ALT="366"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/06a0138n-06.pdf">OPINION/ORDER</A><BR> This is a religious discrimination case under Title VII of the Civil Rights Act of 1964. Who was discharged by the defendant Bosch (an automobile parts manufacturer). The only question presented on appeal is whether the employer has </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="366"></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="366"></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="366"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/034766np.pdf">OPINION/ORDER</A><BR> BACKGROUND Brown was an inmate at SCI Greene from 1994 through 2002. He was also recommitted to that facility from 2003 until 2004 and has now been released on parole. Brown was kept in RHU until he so complied. Brown asserts he was entitled to a religious exemption to the DOC grooming policy. Exemptions from the grooming policy's hair length requirements are granted for legitimate religious reasons on a case by case basis. Our Court has held that a prisoner challenging a prison regulation on the ground that it interferes with the prisoner's right to exercise religion freely must first establish that his alleged beliefs are both sincerely held and religious in nature. Where inmates have alternative means of exercising the asserted right. If accommodation of the asserted right will have a significant effect on other inmates. An absence of ready alternatives is evidence of the reasonableness of a regulation. He asserts that our holding in DeHart required the District Court first to determine whether Brown's beliefs were both sincerely held and religious in nature before conducting a Turner analysis. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="366"></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="366"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcU1VNXDAzLTQzODdfc28ucGRm/03-4387_so.pdf">OPINION/ORDER</A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="366"></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="366"></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="366"></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-3.gif" ALT="366"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=03-3347.wpd">OPINION/ORDER</A><BR> Searles was a Kansas state inmate. The case is therefore ordered submitted without oral argument. <hr> Jewish since approximately August 1995. Searles was assigned to work in the food service area of the Facility. He informed his unit team counselor and a prison chaplain that the kitchen was an unclean area for a Jewish person. Particularly since there was no mikveh available for purification.(1) Because Searles refused to work in the kitchen. He received a disciplinary report and after a hearing was found guilty of a work performance violation. Searles was again assigned to work in the kitchen. If an inmate was concerned about contamination. Rabbi Friedman also stated that a mikveh is only used for very special occasions such as conversion to the Jewish faith. Searles' continued protests that the assignment violated his religious beliefs fell (1) A mikveh is a purifying bath involving rainwater stored in a ceremonial fashion. <hr> on deaf ears. He was again written up for refusing to work.(2) A hearing officer again found Searles guilty of a work performance violation. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="366"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/July2003/023244u.pdf">OPINION/ORDER</A><BR> Will be branded a traitor. She believes she will be identified as such because of her long period of Tiger servitude. An Immigration Judge held that there was insufficient evidence to satisfy the criteria for refugee status. I. The following account is based on Santhalingam's testimony. Santhalingam is a member of the minority Tamil ethnic group in Sri Lanka. Is constitutional. An issue which is currently before this court in a separate proceeding. Was not properly raised by Santhalingam. The Tamils are notorious abusers of human rights. The official Sinhalese controlled government offers little protection to Tamils who are the victims of crime and other violence in Sri Lanka. Santhalingam was a dance teacher. Santhalingam's two brothers were both been arrested by the Tigers and taken away. They were never seen again by Santhalingam's family. Was accosted by a group of seven Tigers and asked to accompany them to their camp to talk to her. Was forcibly pulled into a vehicle by the Tigers. There she was told that. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="366"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/031331.P.pdf">OPINION/ORDER</A><BR> Petitioner is a native and citizen of Guatemala who entered the United States in 1999. His cousin was apprehended by Mexican authorities then deported to Guatemala. While it is clear that Petitioner has an objectively reasonable fear for his life if he is to return to Guatemala. The BIA's determination that Petitioner was not persecuted </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="366"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2002/02/00-4205.htm">00-4205 -- GRAFF V. HENDERSON -- 02/06/2002<BR></A><BR> The case is therefore ordered submitted without oral argument. <p> Plaintiff Lawrence L. The stipulated facts are as follows: In 1985. Graff applied for a position as a clerk carrier at which time he was required to identify three facilities where he desired to work. Graff was notified he was eligible for consideration as a part time flexible distribution clerk. The hours were from 6:30 a.m. to 5:15 p.m. He was no longer being considered for employment. Defendant stated it could not make that accommodation because the collective bargaining agreement (CBA) provided that employees with less than eighteen months at a particular location were not eligible for lateral transfers. <p> An ALJ for the Equal Employment Opportunity Commission (EEOC) determined that defendant had shown it could not accommodate Mr. Holding that a lateral transfer would not have been a reasonable accommodation. The court held that defendant was not required to change the terms of the CBA to accommodate a non employee. <p> On appeal. Graff made a prima facie case is irrelevant once a case proceeds to trial. <u>See</u> <u>Coleman v. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="366"></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="366"></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="366"></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="360"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/052645np.pdf">OPINION/ORDER</A><BR> Is a thirty four year old native and citizen of China who entered the United States via Mexico without inspection. His parents were Catholic. Although Chen was not baptized in childhood because of a government ban on religious activities. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="360"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/044473np.pdf">OPINION/ORDER</A><BR> The Immigration Judge ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="360"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//oct99/98-6069.man.html">GARRETT V. UNIV. OF ALABAMA AT BIRMINGHAM BD. OF TRUSTEES (10/26/1999, NO. 98-6069)<BR></A><BR> They raise the question that is being litigated in various jurisdictions of whether a state is immune from suits by state employees asserting rights under certain federal laws. The three statutes here are: the Americans with Disabilities Act (ADA). We hold that the state is not immune from suit under the ADA and the Rehabilitation Act and reverse the judgments of the district court against plaintiffs Patricia Garrett and Milton Ash as to those two statutes and remand the two cases for further proceedings. The state is immune from suit under the specific provisions at issue here. <A HREF= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="360"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDAzLTAwNTBfb3BuLnBkZg==/03-0050_opn.pdf">OPINION/ORDER</A><BR> Before defendants were served. He was and remains in the custody of the New York State Department of Correctional Services (DOCS). The following are the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="360"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/05/02/033735U.pdf">OPINION/ORDER</A><BR> After he was denied receipt of certain religious materials.2 Having carefully reviewed the record. There are five VSM incentive levels. Advancement in level with more privileges is based on conduct and participation in programming. VSM regulations provided that all VSM inmates were permitted to keep as personal property only two </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="360"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/oct99/98-6069.man.html">GARRETT V. UNIV. OF ALABAMA AT BIRMINGHAM BD. OF TRUSTEES (10/26/1999, NO. 98-6069)<BR></A><BR> They raise the question that is being litigated in various jurisdictions of whether a state is immune from suits by state employees asserting rights under certain federal laws. The three statutes here are: the Americans with Disabilities Act (ADA). We hold that the state is not immune from suit under the ADA and the Rehabilitation Act and reverse the judgments of the district court against plaintiffs Patricia Garrett and Milton Ash as to those two statutes and remand the two cases for further proceedings. The state is immune from suit under the specific provisions at issue here. <A HREF= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="360"></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-3.gif" ALT="360"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/3721F2593226CB74882571D90081885D/$file/0455578.pdf?openelement">OPINION/ORDER</A><BR> Appellants assert that the district court erred in concluding that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="360"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/36B4E36588F36EF088256F5400561723/$file/0273420.pdf?openelement">OPINION/ORDER</A><BR> She was authorized to remain in the United States until November 1. The INS charged that Circu was subject to deportation under 8 U.S.C. § 1251(a)(1)(B) (1994)1 for overstaying her visitor visa. Romania is predominantly Romanian Orthodox. Circu and her family are Pentecostal. Circu testified that persecution of her family dates back to when she was young. Her father was imprisoned. Her family was forced to live in barracks. Her brother was taken from her family. She was injured in the streets. She was sexually harassed and slapped. She was once again interrogated by the police and harassed. Circu was denied admission to public universities because her parents were not members of the Communist Party. She was eventually able to enroll in a private university in Brasov. Circu was expelled from the university in 1994 after trying to print articles detailing atrocities committed by the Romanian government in 1987. Her mother and father both have been granted asylum in the United States. As Romania was no longer a Communist regime and citizens can more freely practice minority religions. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="360"></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-3.gif" ALT="360"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/054662np.pdf">OPINION/ORDER</A><BR> District Judge Chandra Hatta is a native and citizen of Indonesia. Hatta sought to reopen the Board's denial of his claims on the grounds that the conditions and circumstances in Indonesia have worsened such that he would not be safe there if he were to return. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="360"></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-3.gif" ALT="360"></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-3.gif" ALT="360"></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-3.gif" ALT="360"></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-3.gif" ALT="360"></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-3.gif" ALT="360"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/061345np.pdf">OPINION/ORDER</A><BR> We will deny the petition because substantial evidence in the record supports the IJ's conclusions that Kusnaidy had not suffered past persecution and is not more likely than not to face future persecution should he be returned to Indonesia. He filed an application for asylum and withholding of removal.2 Hearings were held before an IJ on September 30. The IJ denied Kusnaidy's petition for his withholding of removal under the INA and It is not unusual for Indonesians to use only one name. The IJ's Oral Decision states that Kusnaidy's I 589 application for asylum was filed on April 7. The request in the alternative for voluntary departure was granted. Kusnaidy was given sixty days to leave the country. His argument is limited to the denial of withholding of removal under the INA and the denial of protection under the CAT. This court reviews the IJ's decision as if it were the decision of the Board. Board determinations are upheld if they are </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="360"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/99a0429p-06.pdf">OPINION/ORDER</A><BR> A jury school's decision was made] religious beliefs. . . . A decision b community in a jury trial is ap 995 F. 672 (Ohio 1994) (holding that federal caselaw interpreting and applying Title VII is generally applicable to cases involving Chapter 4112). This is no different for discrimination claims brought against sectarian schools. For the same reasons that Cline is entitled to pursue her federal discrimination claim before a trier of fact. She is equally entitled to press on with her claim under Ohio's Civil Rights Act. E. We agree with the district court that Cline's contract claims are meritless. The contract itself was for a one year term. Its terms were fulfilled. Although Cline generally alleged that she was unsuccessful in finding work immediately after she was informed of her nonrenewal. Or that she was injured by that reliance. Paul is a parish of the Roman Catholic Church located within the Catholic Diocese of Toledo. Father Willman is Willman </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="360"></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-3.gif" ALT="355"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/02/02-2280.PDF">OPINION/ORDER</A><BR> I. Background In March 2000 Alicea Hernandez was hired by the Archdiocese of Chicago to fill the post of Hispanic Communications Manager. Alicea Hernandez claims that while working for the Church she was discriminated against on the basis of her gender and national origin as well as retaliated against for filing an Equal Employment Opportunity Commission charge. No. 02 2280 3 While all this discrimination was allegedly occurring. Alicea Hernandez was actively taking issue with the Church on its relations with the Hispanic community. We are faced with a somewhat unusual procedural background. While it is true that Alicea Hernandez did not respond to the Church's motion to dismiss and the district court granted that motion. Any waiver arguments the Church had could have been made in response to the motion to reconsider. We have the pro se status of Alicea Hernandez at the time the motion to dismiss was filed1 and the confusion over the hearing that was scheduled for the motion on April 16. She gained her present counsel after the motion to dismiss was granted but before she filed her motion to reconsider. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="355"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/dc/opinions/00opinions/00-5103a.html">LOUIS JACKSON V. DC<BR></A><BR> Desmond Hogan argued the cause for appellants.<span style= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="355"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/03/03-1909.PDF">OPINION/ORDER</A><BR> Alleging that the company retaliated against her by removing her from her position for complaining about religious discrimination. * This decision was originally released as an unpublished order. It is now issued as an opinion. 2 No. 03 1909 The district court granted summary judgment in favor of Parkview. Non discriminatory reason for removing her from her position was pretextual. Because we conclude that there are genuine issues of material fact about whether Parkview retaliated against Firestine. Firestine would also tell Bowers and Gerig when she was attending the Catholic Mass offered by Parkview during lunch about once a week. Firestine discovered through conversations with Slabaugh that Bowers was a lesbian and later confirmed that information with Bowers. Believing her coworkers' comments about Catholicism to have been made in the context of friendship. Firestine was extremely upset about the evaluation and requested to talk further about it with Bowers. Bowers attempted to explain some of the comments but got upset when she realized that Firestine was taking notes. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="355"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/02/02-2333.PDF">OPINION/ORDER</A><BR> Where she is a citizen. The appeal is submitted on the briefs and the record. I. BACKGROUND Ghidey Tesfu was born in Ethiopia in 1952 and is a citizen of Eritrea. Due to a well founded fear that she would be persecuted for her religious beliefs if forced to return to Eritrea.1 Tesfu bases her asylum and withholding of deportation claims on her fear that she will be persecuted in Eritrea for resisting military service on account of her religious beliefs. She is statutorily ineligible because she had not been in the United States for longer than one year when she received the Notice to Appear. Were insufficient to qualify for asylum or withholding of removal. The IJ found that Tesfu had suffered no incidents of past persecution and that her fear of future persecution was based almost entirely on her fear that she would be conscripted into military service if deported to Eritrea. Although the State Department report indicated that women between the ages of 18 and 40 are eligible for military service in Eritrea. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="351"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDAzLTI2MDhfb3BuLnBkZg==/03-2608_opn.pdf">OPINION/ORDER</A><BR> The petitioners contend that during jury selection in the 1986 trial in which they were convicted of second degree murder. Approximately six and a half years after the trial presided over by a successor to the retired judge who had presided at trial the parties were denied the opportunity to cross examine the opposing parties' witnesses. The petitioners assert that their petitions should be granted because this procedure resulted in a decision that was contrary to Supreme Court law and based on an unreasonable determination of the facts. We conclude that the state court's decision to deny the petitioners the opportunity to cross examine their opponent's witnesses in the petitioners' Batson hearing was not contrary to or an unreasonable application of clearly established federal law and did not result in an unreasonable determination of the facts. The presumption of correctness to which they are entitled. We think that the court's conclusion that the defendants did not meet their burden of proving that the prosecution's race neutral explanations were a pretext for purposeful discrimination was reasonable. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="351"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=06-3142_017.pdf">OPINION/ORDER</A><BR> Protection under the Convention against Torture (CAT) based on religious persecution he claims to have suffered in China both as a Christian and as the founder of an underground church. Shortly 2 No. 06 3142 after his arrival he was placed in removal proceedings. Jiang's relatives gathered enough money to pay a fine and he was released. Upon his discharge from the hospital he was prohibited from attending church. Was required to report to the police weekly. That none of the IJ's four reasons for rejecting his testimony are supported by substantial evidence. We will overturn an IJ's adverse credibility determination if it is not supported by </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="351"></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-3.gif" ALT="351"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/05a0436n-06.pdf">OPINION/ORDER</A><BR> BACKGROUND Plaintiff Alfred Derusha was hired as an at will employee by Defendant Detroit Jewish News ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="351"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/00/02/993014P.pdf">OPINION/ORDER</A><BR> Unless an employer demonstrates that he is unable to reasonably accommodate 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-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.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.ca3.uscourts.gov/opinarch/042105np.pdf">OPINION/ORDER</A><BR> The sole issue raised by the petition for review is whether substantial evidence supports the Board's finding that Setiawan does not face a clear probability of persecution if he returns to Indonesia. Setiawan argues that the substantial evidence standard is not satisfied because any reasonable adjudicator would have reached two conclusions: first. That he was persecuted in the past. That he is in any case more likely than not to face future persecution. A. An applicant is entitled to withholding of removal if upon return to his home country his life or freedom would be threatened because of his race. 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.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.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.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.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.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="342"></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="342"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/99/06/981721P.pdf">OPINION/ORDER</A><BR> Claiming that the findings and award are not supported by the record. The State of Arkansas and ADE make only one argument: that because Congress does not have the power under section 5 of the Fourteenth Amendment to pass legislation such as the IDEA. The purported abrogation of states' Eleventh Amendment immunity in § 1403 of that Act is ineffectual and therefore the state and the ADE are not proper parties to the suit. Was amended as the Education for All Handicapped Children Act in 1975. The stated purpose of the Act is to assure that all children with disabilities have available to them . . . a free appropriate public education which emphasizes special education and related services designed to meet their unique needs. To assure that the rights of children with disabilities and their parents or guardians are protected. The chief mechanism for instituting the congressional purpose is the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="342"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/06a0857n-06.pdf">OPINION/ORDER</A><BR> Which affirmed an immigration judge's finding that he was subject to removal as an illegal alien. The parties have waived oral argument. We unanimously agree that it is not needed in this case. Kodra is a native and citizen of Albania. Sitting by designation. * No. 05 3338 2wife and children were included on his application. An immigration judge ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="342"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200214941.pdf">OPINION/ORDER</A><BR> Turner Murders his Wife and Joyce Brown The facts concerning the two murders largely are undisputed. Turner repeatedly arrived at Joyce's apartment asking to speak to his estranged Irene Hall also went by the nickname </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="342"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2000/06/99-8059.htm">99-8059 -- GUNDERSOON V. UPHOFF -- 06/28/2000<BR></A><BR> The case is therefore ordered submitted without oral argument. <p> Plaintiff. Because the legal sufficiency of a complaint is a . When plaintiff was brought to the penitentiary. They were going to cut his hair. Stating that he was an ordained minister in the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="342"></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-3.gif" ALT="342"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/common/opinions/200107/00-5103a.txt">OPINION/ORDER</A><BR> With him on the briefs were Jonathan L. With him on the brief were Robert R. With him on the brief were Wilma A. Use of ... force/restraints is authorized in order to bring the inmate into compliance with grooming standards. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="342"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/023445np.pdf">OPINION/ORDER</A><BR> We held that the regulations allowing the BIA to affirm an IJ decision without opinion were permissibly promulgated by the Attorney General. We reasoned that because the INA is silent on the 2 requirements for administrative appeal procedures. Such procedures are within the discretion of the Attorney General. Pojilenko's constitutional challenge is also precluded by Dia. Are entitled is the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="342"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/06/03/051565P.pdf">N:\DOCS\CATHY\05-1565,1566 CHRONISTER V. UNUM OPN CIRC 3.20.WPD<BR></A><BR> Chronister was injured in a car accident in 1995. Baptist Health's plan was insured by a group insurance policy from Unum. Unum determined that Chronister was entitled to long term disability benefits effective October 16. United States District Judge for the Eastern District of Arkansas. 21 Chronister's disability benefits on the basis of a policy provision that limited benefits to twenty four months if the disability was primarily based on self reported symptoms (the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="342"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1998/06/97-4001.htm">97-4001 -- HASSAN V. LEAVITT -- 06/24/1998<BR></A><BR> WILL CARLSON. Hassan also alleges that no prison chaplain was present during his in take processing. Which he claims was a violation of the prison's regulations ensuring the protection of religious practices. (<u>See</u> <u>id.</u> at 9. Hassan now raises three issues: 1) Whether the state's repeal of its various prison regulations dealing with religious accommodations was arbitrary and capricious. Whether </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="342"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDAzLTQxMTAwX29wbi5wZGY=/03-41100_opn.pdf">OPINION/ORDER</A><BR> 2005) United States Attorney General Alberto Gonzales is substituted for former Attorney General John Ashcroft as respondent. We find that the IJ's denial of petitioner's claim of past persecution in the form of his wife's forced abortion and sterilization was not supported by substantial evidence. BACKGROUND Chen's Entry and Claim Petitioner is a 29 year old male native and citizen of China. He was served with a notice to appear in removal proceedings on August 24. His wife was ordered to submit to intra uterine device (IUD) insertion. Was taken by force to a hospital at which an IUD was inserted. His wife was arrested and taken by force to a hospital and made to have an abortion. Chen's wife was arrested and taken by force to a hospital to have an IUD inserted. (9) Chen fears that if returned to China he will be arrested and imprisoned. Was born on December 3. Stating that he was born on December 3. Stating that they were qualified for marriage and would be allowed to register. Was born on September 22. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="342"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=04-2828_017.pdf">OPINION/ORDER</A><BR> Sahi is a member of the Ahmadi religious sect. That Mohammed was the last prophet of Islam they think that Mizra Ghulam Ahmad. Was also 2 No. 04 2828 a prophet of Islam. In 1974 it officially declared that Ahmadis were not Muslims. The accuracy of which is not questioned by either party. Ahmadis are prohibited from proselytizing. Ahmadis were prevented from building houses of worship . . .[and] were the targets of religious violence. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="342"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=98-1557.01A">OPINION/ORDER</A><BR> Were on brief for respondent. The background facts are not disputed. His visa status was changed to H 1B. Foroglou was served with an order to show cause why he should not be deported the beginning of deportation proceedings. Although he is opposed to any military draft. Foroglou is not opposed to war or fighting. His beliefs are only concerned with the fact that the draft is involuntary. All males between the ages of 18 and 50 are subject to military service for 24 months. An alternative civilian service option was instituted for conscientious objectors. It is about 12 18 months longer than combatant military service. Foroglou would probably not qualify for this alternative because he is not opposed to the use of weapons. The Greek consul responded that it could not issue Foroglou a passport until he had completed his military service and that Foroglou would have to deal with his local draft office (in Greece) about declaring himself a conscientious objector. The first hearing on Foroglou's deportation was held on December 1. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="342"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/599BC82D47F2F68788256F1D0057798A/$file/0316535.pdf?openelement">OPINION/ORDER</A><BR> The tobacco companies argue that this is a case of compelled subsidization of speech prohibited by the First Amendment. California counters that the advertisements are government speech entirely immune from First Amendment attack. The tobacco companies concede that (1) the imposition of the tax itself is not unconstitutional and (2) the message produced by the government's advertisements creates no First Amendment problem apart from its method of funding. The revenue generated by the surtax is placed in the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="342"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/96/01/952496U.pdf">OPINION/ORDER</A><BR> Aziz claimed that he was discriminated against on the basis of his religion in violation of the First and Fourteenth Amendments. The gravamen of the complaint is that a The Honorable Scott O. Aziz alleged other religious groups in the PCU continued to have religious classes after the supervision regulation was implemented. Aziz further alleged that PCU Muslims were denied both allotments from the inmate canteen fund for religious materials and representation on the canteen committee by a chaplain with voting rights. Aziz later sought leave to file an amended complaint that would have added a defendant. Which was enacted after Aziz had filed his initial complaint. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="342"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/9BF7269BE348D0F788257077004F61F8/$file/0316535.pdf?openelement">OPINION/ORDER</A><BR> Are amended as follows: At slip op. 14. That the Act was not susceptible to a First Amendment compelled subsidy challenge because the assessments funded government speech. He would now remand to the district court pursuant to the Court's statement in Johanns that an as applied challenge might lie </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="342"></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-3.gif" ALT="342"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/common/opinions/199803/96-5259a.txt">OPINION/ORDER</A><BR> Attor ney at the time the brief was filed. Was on the brief. The wrong claim was brought by the wrong party in the wrong jurisdiction. It is well settled that a parole decision can be challenged only by the individual denied parole through a habeas action brought in the jurisdiction in which he is incarcerated. I. Background Tony Alamo is founder and pastor of the Christian Church of Alamo ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="342"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1998/05/97-5183.htm">97-5183 -- ROBERTSON V. U.S. -- 05/01/1998<BR></A><BR> The case is therefore ordered submitted without oral argument. <p> Plaintiff Garland Robertson appeals from an order of the district court determining that defendant Air Force did not violate his First Amendment rights. Plaintiff argues on appeal that his involuntary retirement from active duty as an Air Force chaplain should be set aside because his retirement was based upon performance evaluations which served as religious censorship in violation of his First Amendment rights and also served to establish a military religion in violation of the First Amendment.<a href= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="342"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=06-5044.wpd">OPINION/ORDER</A><BR> Hardeman is serving a life sentence in the custody of the Oklahoma Department of Corrections (DOC). He was housed at the Dick Conner Correctional Center (DCCC). The case is therefore ordered submitted without oral argument. This order and judgment is not binding precedent. R. 36.3. <hr> during his stay at the DCCC he was denied his free exercise of religion in a variety of ways.(1) The defendants. A Martinez report was prepared by the DCCC. We have jurisdiction under 28 U.S.C. 1291 and affirm. In his complaint he alleged violations of his rights under the First and Fourteenth Amendments by the DCCC's denial of a separate time and place for worship for the Hebrew Israelites (they were combined with the Orthodox and Reform Jews). Any other relief to which he was entitled. (1) Mr. The court dismissed the claim as moot because he has since been transferred from the DCCC and does not allege that he is likely to return there. He was treated differently from inmates of `recognized' religions. He does not allege or demonstrate that inmates of other religions were allowed to access or possess religious items or to engage in religious practices without following the relevant DOC or DCCC policy. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="342"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/977183.U.pdf">OPINION/ORDER</A><BR> Unpublished opinions are not binding precedent in this circuit. A prison regulation which infringes upon a prisoner's constitutional rights will nevertheless be upheld if the regulation is </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="342"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/docs/common/opinions/200702/06-5241c.pdf">OPINION/ORDER</A><BR> With him on the briefs was James R. With him on the brief were Jeffrey A. Because there is evidence in the record that supports the Army's decision to deny Aguayo's application for conscientious objector status. When he was 30 years old. Aguayo answered </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="334"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDAzLTAzNDgtcHJfb3BuLnBkZg==/03-0348-pr_opn.pdf">OPINION/ORDER</A><BR> That they were subjected to racial discrimination and religious retaliation in violation of his Fourteenth and First Amendment rights. Baskerville's appeal raises two issues which he contends require a new trial: (1) the district court's declining to charge the jury that a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="334"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/D3EAFBA3AC5722E98825703F0002ABCC/$file/0199018.pdf?openelement">OPINION/ORDER</A><BR> Brown is substituted for her predecessor. We filed an opinion in this case holding that there is a reasonable probability that as a result of instructional error the jury did not consider constitutionally mitigating evidence at the penalty phase. Payton was a postAEDPA case and was decided under the highly deferential AEDPA standard. While the case before us is pre AEDPA and is determined by the application of the ordinary rules of constitutional interpretation. BROWN habeas corpus only if the state court was objectively unreasonable in its application of clearly established Supreme Court law. Such is not the case when AEDPA does not apply. If anything about AEDPA is clear. It is that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="334"></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-3.gif" ALT="334"></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-3.gif" ALT="334"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=06-2392_034.pdf">OPINION/ORDER</A><BR> These individuals were required to join the Christian Freedom Foundation. Of which Sloan was the signatory. The offers of free electricity and the chance to make hundreds of thousands of dollars were too good to be true. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="334"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=03-4287.wpd">OPINION/ORDER</A><BR> The case is therefore ordered submitted without oral argument. Which is an LDS leader's written certification evidencing the individual's (1) This order and judgment is not binding precedent. A temple recommend is based on a number of factors. Specifically including whether the individual is a faithful adherent to the teachings of the Church. Does not support or sympathize with apostate groups or individuals whose beliefs or teachings are contrary to the Church. Davis had been expelled from the LDS Church and was viewed by the church as an excommunicant and apostate. Cook may have given Davis access to that system. Davis and held what they viewed to be </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="327"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/98/11/973359P.pdf">OPINION/ORDER</A><BR> Members of the Twentieth Century Holiness Tabernacle Church ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="327"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=03-6301.wpd">OPINION/ORDER</A><BR> Circuit Judge. <hr> Petitioner James Patrick Malicoat was convicted in Grady County. Malicoat argues that: (1) his counsel on direct appeal was ineffective for failing to argue that a carving in the courtroom bearing the inscription </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="327"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/nov2000/98-2886.man.html">BOTTOSON V. MOORE (11/29/2000, NO. 98-2886)<BR></A><BR> Chief Judge:</SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="327"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/dc/opinions/97opinions/97-1116b.html">LUTHERAN CHCH MO V. FCC<BR></A><BR> <i>Circuit Judge</i>: The Federal Communications <p> Commission (FCC) and the government have filed a joint <p> petition for rehearing. The Commission offers <p> three arguments to support its contention that our opinion <p> unnecessarily and erroneously decided the Church's equal <p> protection claim: that we should have granted its motion to <p> remand without deciding the case. That if we had proceeded <p> we were obliged to decide the Religious Freedom Restoration <p> Act (RFRA) or free exercise claim before reaching the <p> Church's equal protection argument. That we <p> should not have applied strict scrutiny as the standard by <p> which the Commission's Equal Employment Opportunity <p> (EEO) rules should be judged under the Equal Protection <p> Clause. The <p> motion was based on a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="327"></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-3.gif" ALT="327"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/01/05/003342P.pdf">OPINION/ORDER</A><BR> The immigration judge (IJ) found Valioukevitch was not eligible for either asylum or withholding of removal. Because the assaults Valioukevitch allegedly suffered in Belarus were not a result of his religious beliefs. Were not sanctioned by the government or organized groups. The Attorney General has discretion to grant asylum to an alien who is unwilling to return home because of a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="327"></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-3.gif" ALT="327"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//nov2000/98-2886.man.html">BOTTOSON V. MOORE (11/29/2000, NO. 98-2886)<BR></A><BR> Chief Judge:</SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="327"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/A771388D86A2FF1F882572CD0059DD37/$file/0515266.pdf?openelement">OPINION/ORDER</A><BR> Whose efforts have collided with the City of San Francisco's prerogative under its noise ordinance and permitting scheme to ensure that its citizens are not subject to unreasonably loud speech and music. We have jurisdiction under 28 U.S.C. § 1291. Appellants claim that city officials implemented a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="327"></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-3.gif" ALT="327"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/10circuit/july97/96-2185.wpd.html">UNITED STATES V. CORROW<BR></A><BR> A word in the opinion is erroneously spelled. He contends the definition is unconstitutionally vague. Ray Winnie was a hataali. Yei B'Chei or Yei B'Chei jish are ceremonial adornments. Is an afficionado of Navajo culture and religion. Corrow telling him that a wealthy Chicago surgeon was interested in purchasing a set of Yei B'Chei. The purported buyer was James Tanner. Yet once he was in Santa Fe. In the cardboard box was the set of twenty two Yei B'Chei. Selling these medicine bundles or jish is the wife of the late Mr. Whose signatures are below. The selling price is in cash of $10. Corrow asserts the court erred in failing to dismiss Count one on the ground the NAGPRA definition of cultural patrimony is unconstitutionally vague. Trapping the unwary in its multitude of meanings and creating easy prey for the untrammeled discretion of law enforcement.(2) Were NAGPRA's definitional bounds nevertheless discernible. Corrow then urges the evidence was insufficient to support his conviction on either count. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="327"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19982886.MAN.pdf">OPINION/ORDER</A><BR> Chief Judge: Linroy Bottoson was convicted of murder in the state courts of Florida and received a death sentence. We granted a certificate of appealability to review: (1) whether Bottoson's right to a reliable sentencing hearing was violated by the trial judge's instruction that the jury could consider only statutory mitigating evidence. (2) whether Bottoson was denied the constitutional right to effective assistance of counsel at the penalty phase of his trial.1 We now affirm. Post office was robbed. Money orders were taken. Was last seen leaving the post office on that day at around noon led by a tall African American man. She whispered to bystanders to call the police and to tell them that the man was stealing. Bottoson's wife attempted to cash one of the We granted a certificate of appealability both on whether Bottoson was denied effective assistance of counsel in the sentencing phase of the trial and on whether Bottoson's trial counsel was prevented from providing effective assistance of counsel because of conditions created by statute or state law. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="327"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19982886.OPN.pdf">OPINION/ORDER</A><BR> Chief Judge: Linroy Bottoson was convicted of murder in the state courts of Florida and received a death sentence. We granted a certificate of appealability to review: (1) whether Bottoson's right to a reliable sentencing hearing was violated by the trial judge's instruction that the jury could consider only statutory mitigating evidence. (2) whether Bottoson was denied the constitutional right to effective assistance of counsel at the penalty phase of his trial.1 We now affirm. Post office was robbed. Money orders were taken. Was last seen leaving the post office on that day at around noon led by a tall We granted a certificate of appealability both on whether Bottoson was denied effective assistance of counsel in the sentencing phase of the trial and on whether Bottoson's trial counsel was prevented from providing effective assistance of counsel because of conditions created by statute or state law. We will consider these two issues together as part of Bottoson's claim for ineffective assistance of counsel at the penalty phase of his trial. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="327"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/053099np.pdf">OPINION/ORDER</A><BR> Rejection of his claim that his former counsel was ineffective. Once he was in the country. He claims that he was forced to drop out because his father was having financial problems and would not be able to help support him or pay his tuition. The immigration enforcement functions of the INS were transferred to the Bureau of Immigration and Customs Enforcement within the newly created Department of Homeland Security. Lie conceded that he was removable. The IJ found that Lie's fear of persecution was neither objectively nor subjectively reasonable. That Lie's testimony was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="327"></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-3.gif" ALT="327"></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-3.gif" ALT="327"></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-3.gif" ALT="327"></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-3.gif" ALT="323"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcU1VNXDAzLTQ5Nzdfc28ucGRm/03-4977_so.pdf">OPINION/ORDER</A><BR> 03 4977 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 substituted as Respondent. IT IS HEREBY ORDERED. DECREED that the petition for review is GRANTED. The summary affirmance of the BIA is VACATED and the case is REMANDED for further consideration. Claims religious persecution by Muslim groups whom the government is unwilling or unable to control. Cruze's home in Bangladesh was in a small enclave of three Christian villages surrounded by Muslim areas. Cruze was beaten in the face and back by Muslim co workers at a restaurant where he worked and called a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="323"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/E67E664DE6DAEE5388256DE4000107D8/$file/0199018.pdf?openelement">OPINION/ORDER</A><BR> 2003 is hereby amended. Because the jury was not instructed that it must consider Belmontes' principal mitigation evidence. Because there is a reasonable probability that the instructional error affected the jury's decision to impose the death penalty on Belmontes. 19 year old Steacy McConnell telephoned her parents and stated that she was afraid because several people. Her skull was cracked. The house was ransacked and her stereo was missing. Belmontes was nineteen at the time. Vasquez were each charged with first degree murder and special circumstances. B. The Guilt Phase Bolanos was the principal witness for the state. Vasquez was on the phone with McConnell. The three were short of cash. Belmontes was sprinkled with blood on his face. Belmontes stated that he had had to </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="323"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/041434np.pdf">OPINION/ORDER</A><BR> We have jurisdiction pursuant to 28 U.S.C. §1291. W e will affirm. We recount the facts and procedural history only as they are relevant to the following discussion. Gilpin Township is a municipal corporation formed under the laws of the Commonwealth of Pennsylvania. Gilpin Township Ordinance No. 53 was enacted. The Ordinance is commonly referred to as a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="323"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcU1VNXDA0LTE2MzItYWdfc28ucGRm/04-1632-ag_so.pdf">OPINION/ORDER</A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="323"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/01/01-3648.PDF">OPINION/ORDER</A><BR> The caseworkers removed eleven year old John Doe Jr. from his fourth grade classroom and interviewed him about corporal punishment that he and other students may have received and certain family matters. Arguing that they were entitled to qualified immunity from the plaintiffs' suit. Although we conclude that some of the actions taken by the defendants during the course of the Bureau's investigation were unconstitutional. Agree with the district court that the caseworkers are entitled to qualified immunity from plaintiffs' suit. The district court's decision is. If the report is screened in. An intake supervisor will assign it an urgency level to determine how quickly an investigation must be initiated. After the file is received by a field office. Who is then required to contact the reporter(s) (of child abuse). If the alleged maltreater is a parent. It was given a 24 hour urgency designation and assigned to John Wichman. That they had advised her 2 When a child is enrolled at Greendale. Parents are given a copy of the school's </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="323"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/042849p.pdf">OPINION/ORDER</A><BR> The survey itself was designed to be voluntary and anonymous. Survey results were designed to be and actually were released only in the aggregate with no identifying information. We will affirm. The Parties Plaintiffs are Carol Nunn. We will refer to the student Plaintiffs as </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="323"></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="323"></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="323"></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-3.gif" ALT="323"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=01-1547.01A">OPINION/ORDER</A><BR> The parties have briefed the issue. The matter is now ready for decision.</SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="323"></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="323"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=04-3324.wpd">OPINION/ORDER</A><BR> Which it accepted as true because they were uncontroverted and found support in the record. The case is therefore ordered submitted without oral argument. <hr> In January 1996. The purpose of the program was to establish a comprehensive system of earnable offender privileges and provide an effective means of managing the offender population and reinforcing constructive behavior. These IMPPs mandate that a prisoner is allowed to keep in his or her cell a dictionary. The IMPPs also state that the primary text of Islamic religions is the Qur'an. There are six separate methods for disposing of the offending property: (a) mailing the property to an address of the inmate's choosing at the inmate's expense or. Neal was in violation of IMPP 12 120 because he had more than twelve books in his cell. Neal that books in excess of the twelve book limit would have to be removed from his cell. Neal was offered two additional options in addition to the six options available under IMPP 12 120(IX)(B): he could donate the books to the prison or to the facility's chaplain. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="323"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcU1VNXDA1LTUyNjItY3Zfc28ucGRm/05-5262-cv_so.pdf">OPINION/ORDER</A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="323"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/01/12/012056P.pdf">OPINION/ORDER</A><BR> Claiming that she was unlawfully terminated on the basis of her race. She was the only Asian person of the Muslim faith working at the branch. When she was hired. Were less understanding about her cultural and religious practices. Tipton had made public remarks that Habib's unique scheduling arrangements were unfair to the other tellers. When she was unable to return to St. Tipton insists that her only interference with Habib's prayer times occurred when there was a rush of customers. Habib responded that it was unreasonable to require her to visit a doctor that afternoon and that she had no intention of bringing in a note from her doctor. Allen fired Habib that day.5 Defendant claims that the memorandum was issued in response to a pattern of absences by Habib on Monday. Summary judgment is appropriate when the evidence. Demonstrates that there are no outstanding issues of material fact and the moving party is entitled to judgment as a matter of law. The plaintiff must show that (1) she is a member of a protected class. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="323"></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-3.gif" ALT="323"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/4F44F956D46D012288256F2C00740605/$file/0271872.pdf?openelement">OPINION/ORDER</A><BR> Sael has demonstrated that Indonesians of Chinese descent are a disfavored group and that she is particularly at risk. When ethnic Chinese were segregated from Indonesia's indigenous population. Sael was tormented as a SAEL v. Sael was attacked again by an anti Chinese mob in Jakarta and by a group of anti Chinese men in her own Bandung neighborhood. We have jurisdiction over Sael's petition pursuant to 8 U.S.C. § 1252(a) (2004).2 Because the BIA issued a reasoned opinion after conducting its own review of the record. In Manariangkuba is not ethnically Chinese. His asylum application is derivative of Sael's. Subsequent references to the petitioners will be to Sael. 2 The Attorney General contended at oral argument that Sael's motion for reconsideration. Which is currently pending before the BIA. We must assume that the applicant's factual contentions are true. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="323"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDAyLTQ5OTIgQW1lbmRlZC5wZGY=/02-4992%20Amended.pdf">OPINION/ORDER</A><BR> The purpose of the motion to reopen was to adjust their status to that of lawful permanent residents on the basis of approved </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="323"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/B3A05648B7477A6888256EFD00582EE0/$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="323"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/1845B4A48AADBA1D88256D63007AEC0D/$file/0199018.pdf?openelement">OPINION/ORDER</A><BR> Because the jury was not instructed that it must consider Belmontes' principal mitigation evidence. Because there is a reasonable probability that the instructional error affected the jury's decision to impose the death penalty on Belmontes. 19 year old Steacy McConnell telephoned her parents and stated that she was afraid because several people. Her skull was cracked. The house was ransacked and her stereo was missing. Belmontes was nineteen at the time. Vasquez were each charged with first degree murder and special circumstances. B. The Guilt Phase Bolanos was the principal witness for the state. Vasquez was on the phone with McConnell. The three were short of cash. Belmontes was sprinkled with blood on his face. Belmontes stated that he had had to </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="323"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/100DE273B1D5F01D88256CF60060AEAF/$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-3.gif" ALT="323"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcU1VNXDA1LTUyNjItY3Zfc28ucGRm/05-5262-cv_so.pdf">OPINION/ORDER</A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="323"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2002/12/02-2323.htm">02-2323 -- O CENTRO ESPIRITA BENEFICIENTE UNIAO DE VEGETAL V. ASHCROFT -- 12/23/2002<BR></A><BR> Circuit Judge. <p> <hr align= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="312"></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="312"></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-3.gif" ALT="312"></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="312"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/031293np.pdf">OPINION/ORDER</A><BR> Because we find that the BIA's decision is supported by substantial evidence. The decision will be affirmed. I. Zhao is a native and citizen of the People's Republic of China. Zhao alleged that he and his mother were Christians and that they had attended a government sponsored church in China. Zhao alleges that he was detained for 15 days after the police raided his home during one of these worship services in June of 1997. Zhao was allegedly sent to a reeducation labor camp for one year after the police raided his home for a second time. Zhao alleges that he was tortured and forced to work at the camp and that his wife was forced to have an abortion. His wife was required to have an Intrauterine Device. When she went to have the IUD inserted. The clinic allegedly discovered that she was again pregnant and forced her to have an abortion. His wife's heart problems caused her to have the IUD removed at a private clinic. The IJ's adverse credibility finding was based on several factors including the fact that Zhao could not precisely remember when his wife was forced to have an abortion. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="312"></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="312"></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="312"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/docs/common/opinions/200611/05-5196b.pdf">OPINION/ORDER</A><BR> With him on the brief were Peter D. Attorney at the time the brief was filed. I Veitch is an evangelical Protestant minister in the Reformed Episcopal Church. There seems to be little doubt that the 3 relationship between the two was quite unfriendly. Buchmiller repeatedly criticized him for his insistence on preaching sola scriptura the doctrine that Biblical teaching alone is authoritative. Which is accepted by many Protestant faiths but rejected by Catholic and Orthodox churches. Was assigned to investigate Veitch's complaint. Zoeller concluded that Veitch's allegation of religious discrimination was unsubstantiated. Zoeller also found that Veitch's preaching was derogatory toward other faiths. Veitch claims that he was on the verge of filing a second EO Complaint in response to Buchmiller's continued hostility. Veitch's rebarbative missive was a four page broadside attack on Buchmiller's command and character. Veitch was presented with a charge sheet in February. He was charged with </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="312"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/041536np.pdf">OPINION/ORDER</A><BR> Withholding of removal and relief under the Convention Against Torture.1 We will deny the petition for review. Suherman claimed that he had been persecuted in his native country on account of his Chinese ethnicity and the fact that he was a Christian. The IJ determined that Suherman's asylum application was untimely and that there were no exceptional circumstances to warrant his tardy filing. Withholding of removal was not warranted. Because Suherman failed to establish either past persecution or a well founded fear of persecution on account of a protected ground if he were returned to Indonesia. We note that even if Suherman had challenged the IJ's conclusion that his asylum application was untimely and that exceptional circumstances were lacking. We would not have jurisdiction to review that determination. 185 (3d Cir. 2003). 2 2 1 materials that support [his] fear that human rights conditions for non Muslims are deteriorating in Indonesia. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="312"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/06a0146p-06.pdf">OPINION/ORDER</A><BR> Less than a majority of whom have voted in favor of rehearing en banc. The panel concludes that the issues raised therein were fully considered upon the original submission and decision of the case. The request for rehearing is therefore denied. The panel was willing to deviate from the precedent of this Court. The panel announced a new rule: that an overt sectarian legislative history is necessary. Before a display will be invalidated. The panel premised this novel principle on a recent Supreme Court holding that an avowed sectarian purpose is sufficient to invalidate a display. Because the most charitable characterization of the panel's decision is that it makes an illogical inference. Are intertwined. Both displays were successfully challenged by the ACLU and both counties. Precisely </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="312"></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="312"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/97/01/954197P.pdf">OPINION/ORDER</A><BR> Was incarcerated at For the the Omaha Correctional Center ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="312"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=04-1450.wpd">OPINION/ORDER</A><BR> Appeal the district court's refusal to decide whether they are entitled to qualified immunity on a claim under the Religious Land Use and Institutionalized Persons Act (RLUIPA). Even accepting the district court's view that the defense was not raised in Appellants' Amended Answer. We hold that the defense was adequately raised in their motion for summary judgment and the district court should have addressed it. The defendants named in the Third Amended Complaint were Appellants. Golder is not a party to this appeal.). RLUIPA forbids a prison from </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="312"></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="312"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/96/02/951803P.pdf">OPINION/ORDER</A><BR> Dinwiddie from further violating FACE and from engaging in a number of other activities whenever she is within 500 feet of a facility that provides reproductive health services. We affirm the District Court's holding that FACE is constitutional and that Mrs. I. Regina Rene Dinwiddie is an opponent of abortion who. A clinic where abortions are performed. Intimidate or interfere with any person because that person is or has been. A physician who is the Medical Director of Planned Parenthood. Gunn [a physician who was killed in 1993 by an opponent of abortion] . . .. He is not in the world anymore . . .. Includes the building or structure in which the facility is located. (2) Interfere with. You have not seen violence yet until you see what we do to you. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="312"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA1LTAzNDAtY3Zfb3BuLnBkZg==/05-0340-cv_opn.pdf">OPINION/ORDER</A><BR> Circuit Judge: When one of the cases of this consolidated appeal was before us seven years ago. Such forgetfulness is understandable because we know that even Homer nodded.1 We have before us an appeal and several cross appeals from a preliminary injunction entered in the United States District Court for the Eastern District of New York (Block. Defendant LSC is a 1 A reference to the reappearance in Homer's famous </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="312"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/043644np.pdf">OPINION/ORDER</A><BR> The BIA found that the IJ's adverse credibility finding was not clearly erroneous and that he correctly found that Kuswadi's remaining allegations did not constitute persecution. Kuswadi is a citizen of Indonesia who is ethnically Chinese and a Buddhist. By Pribumi students while she was in school. As a result of which the family had to pay a bribe to have her father released from jail. 2000 she was abducted by a taxi driver who made anti Chinese statements and then attempted to rape her. She was saved when several Chinese Catholic high school students intervened. Kuswadi's testimony was consistent with the allegations contained in her asylum application. This failure led the IJ to conclude that her allegations regarding the attempted rape were not credible. As that was the only incident that could have sustained a finding of past persecution. Jurisdiction and Standard of Review We have jurisdiction over Kuswadi's petition for review under 8 U.S.C. §§ 1252(b)(2) and (d). Including its determination of whether an alien was subject to persecution or has a well founded fear of persecution. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="312"></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="312"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/032972p.pdf">OPINION/ORDER</A><BR> I. Factual and Procedural History Guo is a native and citizen of China. She stated that she had joined an </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="312"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/3F2524EF5D60EA40882572ED0001E1CC/$file/0535441.pdf?openelement">OPINION/ORDER</A><BR> Circuit Judge: We are called upon to decide whether the University of Montana may impose a dollar limit on what a student may spend on his campaign for student office. That is. When Aaron Flint was a student at the University of Montana. Flint was denied a seat as ASUM Senator. The precise question before us is this: Does the Speech Clause of the First Amendment to the United States Constitution prohibit a public university from imposing a $100 expenditure limit on candidates running for a position in student government? The University of Montana is a public university under the Montana Constitution. It is administered through a Board of Regents. ASUM is the student government at the University of Montana. ASUM is a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="312"></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="312"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2002/07/99-1581.htm">99-1581 -- VOIROL V. AMERICAN FEDERATION OF HUMAN RIGHTS -- 07/26/2002<BR></A><BR> On behalf of the other American Federation members who have not seceded from International Co Masonry. The parties' various claims were tried to the district court without a jury during the week of April 14. All requests for attorney's fees were denied. <p> Plaintiffs appealed. Haydn was a Freemason. As was Mozart. Benjamin Franklin was an enthusiastic Freemason. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="312"></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="312"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/981059.P.pdf">OPINION/ORDER</A><BR> Published opinion filed 2/19/99 is vacated. The County has refused to issue Warren a permit to erect her displays because she is not within the class of speakers identified in the County's regulation. The issue before this court is whether the County's regulation violates Warren's rights under the First and Fourteenth Amendments. Finding that the County's regulation is viewpoint neutral and reasonable. Who is a devout Christian but is not a member of an organized religion. Warren is not a resident of Fairfax County. Is a resident of Fairfax City.1 The Complex comprises three buildings in which over 2. The largest of the buildings is the Government Center building. Which is the site of county government offices. Is a separate and distinct jurisdiction from Fairfax County. The Memorandum declares that the County's policy is to encourage </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="312"></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="312"></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="312"></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="312"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/032972p1.pdf">OPINION/ORDER</A><BR> Appears to have applied an incorrect standard in assessing her motion to reopen. I. Factual and Procedural History Guo is a native and citizen of China. The INS ceased to exist as an agency within the Department of Justice and the INS's functions were transferred to the Department of Homeland Security. She stated that she had joined an </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="312"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/D304379A81C38FD688256D830058F885/$file/0271594.pdf?openelement">OPINION/ORDER</A><BR> Because these minimal due process requirements are clear and fundamental. Petitioner was prejudiced by an adverse credibility determination unsupported by substantial evidence. Which was believed to be the work of Indian security forces. Singh was arrested during an AISSF rally that he organized in Jallhandar. He was held in jail for fifteen days. He was never charged with a crime nor brought before a judge. He was held for twenty days. The police told him he was arrested because of his association with Sikh militants. Singh was arrested for a third time. He was held by the police for thirteen days. During which time he was beaten until he lost consciousness. His head was shaved. He was then forced to stand for hours under the hot summer sun. Singh testified that he was arrested for a fourth and final time while distributing party posters and collecting party funds. He was held in jail for thirtyfive days. He was tortured. So he was unable to file a brief. We have jurisdiction over a final removal order pursuant to 8 U.S.C. § 1252(a)(1). </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="312"></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-3.gif" ALT="312"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/06/08/053176U.pdf">OPINION/ORDER</A><BR> We find that the restrictions which were placed on the tobacco and sweat lodge ceremonies in the penitentiary. Are constitutional. Reasonableness of prison regulation is evaluated by considering. Whether there is valid and rational connection between regulation and legitimate penological interest such as safety. Whether there are alternative means for inmate to exercise right at issue). We agree with the district court that defendants are entitled to qualified immunity on the related First Amendment free exercise claims. 582 83 (8th Cir. 2004) (in determining whether defendants are entitled to qualified immunity. (2) right was clearly established. Reasonable officials would understand that what they were doing violated that right). 2 The summary judgment record also shows that defendants did not violate any free exercise right. Or that reasonable officials would not have understood they were violating any such right. Prisoner is not entitled to insist on religious advisor whose beliefs are completely congruent with his own). </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="312"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1998/07/97-7107.htm">97-7107 -- SHAFFER V. SAFFLE -- 07/14/1998<BR></A><BR> The case was referred to a magistrate judge. Shaffer appeals and we affirm.<a href= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="312"></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="312"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/99/07/971825P.pdf">OPINION/ORDER</A><BR> Appellants) moved for summary judgment asserting that the ADA claim was barred by Eleventh Amendment immunity and that the section 1983 claims were barred by Eleventh Amendment immunity. I. BACKGROUND ACLEST is an agency of the State of Arkansas which regulates the hiring and certification of law enforcement officers within the State. At the time he was hired by the Maumelle Department. Alsbrook's supervisor certified that Alsbrook met the minimum standards for appointment as a law enforcement officer as prescribed in Section 1002.2 Alsbrook was accepted into the course and successfully completed it in December. He was then employed as a law enforcement officer with the Maumelle Department. Alsbrook was technically functioning as an uncertified law enforcement officer during this time period.3 It appears from the record that Alsbrook's supervisor thought that Dr. It is necessary for the employing agency to request certification by the filing of an Application for Award of Law Enforcement Officer Certificate. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="312"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2003/06/02-1535.htm">02-1535 -- FRICK V. WELLS FARGO & CO. -- 06/23/2003<BR></A><BR> The case is therefore ordered submitted without oral argument. <p> I. <em>Background</em> <p> On January 23. Frick was represented by counsel. Denial of Continuance <p> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="312"></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="312"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/024841.U.pdf">OPINION/ORDER</A><BR> PHAM Unpublished opinions are not binding precedent in this circuit. OPINION PER CURIAM: Appellant Binh Duy Pham was convicted by a jury on two drug charges distribution of ecstasy. Arguing that (1) the district court improperly removed for cause a prospective juror who stated that she was not certain she could be impartial. In part because she was Vietnamese (like Pham and the key witnesses) and (2) the district court improperly enhanced his sentence for obstruction of justice without making an independent finding that Pham committed perjury at trial. Counsel explained that Pham's native language is Vietnamese. The district court asked the potential jurors whether there were any members of the jury panel </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="312"></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="312"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Aug1998/98a1936p.txt">OPINION/ORDER</A><BR> 4) the district court's ruling that the verdict was not against the great weight of the evidence. Professor David Campbell was named chair of the Education Department at the University. After concluding that Edwards was teaching from a non approved syllabus. Professor Edwards's schedule was rearranged. He was assigned to teach an additional course </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="312"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=05-9564.wpd">OPINION/ORDER</A><BR> Yan is a citizen and native of China who is subject to removal from this country but who seeks asylum. Claiming that he was persecuted by government authorities in China for being a Christian. Yan had not shown </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="312"></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="312"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/04/07/031783P.pdf">OPINION/ORDER</A><BR> Factual Background Shoaira and Tobar are a wife and husband who seek asylum in the United States because they fear persecution based on their religious beliefs. Who is her cousin. Who is also Tobar's uncle. Tobar and Shoaira testified that Abdulmann Shoaira is a devout Muslim who dresses and grooms himself in strict accordance with Muslim traditions. Who was five years old at the time. Testified that there was no particularized suspicion of her father. There was conflicting evidence on this point. As Tobar claimed Abdulmann Shoaira was suspected because he once wrote a letter to Anwar Sadat criticizing the Egyptian government. Abdulmann Shoaira was arrested a second time in 1984. He says that membership in certain revolutionary Islamic fundamentalist groups is an offense in Egypt. They say that the Egyptian government's inference from his grooming to his politics was faulty. The petitioners relate few incidents of government mistreatment they have experienced in their own rights. Shoaira admits that she was never detained by the 3 police. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="312"></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="312"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/545A3745E0B2850D88256E62007F792D/$file/0271594.pdf?openelement">OPINION/ORDER</A><BR> Is substituted for the Immigration and Naturalization Service as the proper respondent. Is hereby amended. The petition for panel rehearing and the petition for rehearing en banc are DENIED. No further petitions for rehearing will be entertained. IT IS SO ORDERED. The procedural challenge is based on the BIA's refusal to grant him leave to file a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="312"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=05-2791.01A">OPINION/ORDER</A><BR> Although the transcript of the IJ\'s\ oral opinion contains the statement </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/051465np.pdf">OPINION/ORDER</A><BR> She had accepted an invitation to attend a meeting concerning what she claimed was work related research. The IJ found that Petitioner did not establish eligibility for relief under the CAT because she did not present evidence in support of her burden to establish that it is more likely than not that she would be tortured if removed to China. That is. She believes that there is a form of energy underlying all material and immaterial things. She maintains that she is a conduit for that energy into a product that she helped develop that determines the gender of a fetus. Petitioner and Tang claimed to have developed a gender determination product. The pouch was represented as being capable of causing the gender of the fetus to develop into the sex desired by the pregnant woman if she carried a male pouch or a female pouch outside her body within forty days of conception. No ingestion of any medicine or other products was required. Petitioner testified that the product was never tested or approved by any governmental agency in China. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></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-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/05a0199n-06.pdf">OPINION/ORDER</A><BR> Inc. terminated him and subjected him to a hostile work environment because he is Pakistani and practices the Shia Imamya Ismaili sect of Islam. Cannot establish a prima facie case of discrimination or that Highgate's proffered reason for his termination was pretextual. Et al. the District Court is affirmed. I Plaintiff Appellant Amin Hussain is a Pakistani who practices the Shia Imamya Ismaiali sect of Islam. Which is owned by Defendant Appellee Pontch Limited Partnership. Which was also owned by Pontch. Pontch is owned by Jaffer Khimji. One of Hussain's primary responsibilities was performing bank reconciliations. Which is similar to balancing a checkbook. The transition was necessary because Highgate's