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https://www.courtlistener.com/api/rest/v3/opinions/8471678/ | ON PETITION FOR PERMISSION TO APPEAL
LINN, Circuit Judge.
ORDER
Preci-Dip Durtal SA petitions for permission to appeal an order certified by the United States District Court for the Central District of California as one involving controlling issues of law as to which there is substantial ground for difference of opin... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471680/ | ON PETITION FOR WRIT OF MANDAMUS
LINN, Circuit Judge.
ORDER
Classic Industries, LP et al. (Classic) petition for a writ of mandamus to direct the United States District Court for the Southern District of Texas to vacate its orders denying Classic’s motion to dismiss the complaint. Shell Oil Products Company, LLC and ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471748/ | SUMMARY ORDER
Petitioners Jian Xin Chen and Sai Ying Chen, natives and citizens of the People’s Republic of China, seek review of a July 31, 2008 order of the BIA denying Jian Xin Chen’s motion to reopen.2 In re Jian Xin Chen, No. A095 381 258 (B.I.A. Jul. 31, 2008). We assume the parties’ familiarity with the underly... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471750/ | SUMMARY ORDER
Petitioner-appellant Rahsaan Butler (“defendant”) was convicted after a jury trial in New York State Supreme Court, New York County, of Assault in the First Degree, Criminal Possession of a Weapon in the Second Degree, and Criminal Possession of a Weapon in the Third Degree. Defendant appealed, contending... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471752/ | SUMMARY ORDER
Petitioner Kissima Saho (“petitioner” or “Saho”), a native and citizen of The Gambia, seeks review of the Board of Immigration Appeals (“BIA”) orders of May 16, 2008, and February 27, 2009, denying his motions to reopen. Petitioner argues that (1) he is eligible for a reopening of his proceedings without ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471754/ | SUMMARY ORDER
Xhavit Lajqi, a native and citizen of Kosovo, seeks review of an October 27, 2008 order of the BIA denying his motion to remand and affirming the December 15, 2006 decision of Immigration Judge (“IJ”) Sandy K. Horn, denying his application for asylum, withholding of removal, and relief under the Conventi... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471756/ | SUMMARY ORDER
Petitioner Vezir Ismaili, a native and citizen of Macedonia, seeks review of a June 30, 2008 order of the BIA affirming the December 6, 2006 decision of Immigration Judge (“IJ”) Lawrence N. DiCostan-zo, denying his applications for asylum, withholding of removal, and relief under the Convention Against T... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471758/ | SUMMARY ORDER
Defendant-appellant Eduardo Antonio Serna challenges a November 21, 2007 judgment of the District Court sentencing defendant principally to 70 months’ imprisonment to be followed by five years of supervised release, entered by the Court after he pleaded guilty, with no plea agreement, to conspiring to dis... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471760/ | SUMMARY ORDER
Petitioner Guo Ying Lin, a native and citizen of the People’s Republic of China, seeks review of a February 12, 2008 order of the BIA denying his “Motion to Reopen/Reonsider.” In re Guo Ying Lin, No. A070 899 868 (B.I.A. Feb. 12, 2008). We assume the parties’ familiarity with the underlying facts and pro... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471762/ | SUMMARY ORDER
Defendant-appellant Jose Delacruz challenges a judgment of conviction entered by the District Court on March 7, 2008 after he pleaded guilty to conspiracy to distribute and possess with intent to distribute five kilograms or more of cocaine, see 21 U.S.C. § 846. The District Court sentenced defendant prin... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471764/ | SUMMARY ORDER
Petitioner, Li Jie Wang, seeks review of a November 24, 2008 order of the BIA denying her motions to reonsider and reopen. In re Li Jie Wang, No. A 095 161 911 (B.I.A. Nov. 24, 2008). We assume the parties’ familiarity with the underlying facts and procedural history of the case.
We review the agency’s d... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471766/ | SUMMARY ORDER
Appellants Ruth E. Buck and Donald Buck (“the Bucks”), proceeding pro se, appeal the district court’s dismissal of their complaint. The Bucks argue, inter alia, that the district court erred in finding that they had failed to comply with Northern District of New York Local Rule 7.1 (“Local Rule 7.1”) and... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471768/ | SUMMARY ORDER
Angela J. Martel appeals from a judgment of the United States District Court for the District of Connecticut (Eginton, J.) dismissing her § 1983 suit against South Windsor police officer Richard A. Watrous on grounds of qualified immunity. Martel was arrested and tried for the burglary of her aunt’s home... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471663/ | *555
ORDER
PER CURIAM.
Jennifer West requests reconsideration of this court’s rejection of her petition for review as untimely.
On September 19, 2008, 110 M.S.P.R. 152, the Board denied West’s petition for review and informed West that its decision was final and that any petition for review must be received by this co... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471665/ | ON MOTION
PER CURIAM.
ORDER
Pamela D. Dinkier moves for leave to proceed in forma pauperis and submits correspondence requesting that the court accept her untimely petition for review. The court considers whether the petition should be dismissed.
On April 30, 2008, the Merit Systems Protection Board issued a final de... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471666/ | ON MOTION
PER CURIAM.
ORDER
The Secretary of Veterans Affairs moves to waive the requirements of Fed. Cir. R. 27(f) and dismiss for lack of jurisdiction Oscar S. Goins’s appeal from a decision of the United States Court of Appeals for Veterans Claims affirming the Board of Veterans’ Appeals (Board) decision that deni... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471669/ | ON MOTION
PER CURIAM.
ORDER
The Secretary of Veterans Affairs moves to waive the requirements of Fed. Cir. R. 27(f) and to dismiss Jenese E. Smith’s appeal from the United States Court of Appeals for Veterans Claims judgment in Smith v. Peake, 06-2970, for lack of jurisdiction. Smith opposes,
Smith sought review by t... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471670/ | ON MOTION
LINN, Circuit Judge.
ORDER
The Secretary of Veterans Affairs responds to the court’s June 18, 2008 order and requests that the court summarily reverse the judgment of the United States Court of Appeals for Veterans Claims in DeVillena v. Nicholson, No. 04-0896. The Secretary states that Lucia S. DeVillena d... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471673/ | ON MOTION
LINN, Circuit Judge.
ORDER
Daniel Nash moves for reconsideration of the court’s rejection of his petition for review as untimely. The United States Postal Service (USPS) moves for an extension of time to submit a response. USPS responds to the motion for reconsideration and moves to dismiss the petition for... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471675/ | ON MOTION
PER CURIAM.
ORDER
The Postmaster General moves to waive the requirements of Fed. Cir. R. 27(f) and to dismiss Frank Baiamonte’s appeal from the United States Postal Service Board of Contract Appeals decisions in case nos. 5297, 5324, and 5334 for lack of jurisdiction. Baiamonte opposes.
Baiamonte filed case... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471679/ | ON PETITION FOR PERMISSION TO APPEAL
LINN, Circuit Judge.
ORDER
Preci-Dip Durtal SA petitions for permission to appeal an order certified by the United States District Court for the Central District of California as one involving controlling issues of law as to which there is substantial ground for difference of opin... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471681/ | ON PETITION FOR WRIT OF MANDAMUS
LINN, Circuit Judge.
ORDER
Classic Industries, LP et al. (Classic) petition for a writ of mandamus to direct the United States District Court for the Southern District of Texas to vacate its orders denying Classic’s motion to dismiss the complaint. Shell Oil Products Company, LLC and ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471749/ | SUMMARY ORDER
Petitioners Jian Xin Chen and Sai Ying Chen, natives and citizens of the People’s Republic of China, seek review of a July 31, 2008 order of the BIA denying Jian Xin Chen’s motion to reopen.2 In re Jian Xin Chen, No. A095 381 258 (B.I.A. Jul. 31, 2008). We assume the parties’ familiarity with the underly... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471751/ | SUMMARY ORDER
Petitioner-appellant Rahsaan Butler (“defendant”) was convicted after a jury trial in New York State Supreme Court, New York County, of Assault in the First Degree, Criminal Possession of a Weapon in the Second Degree, and Criminal Possession of a Weapon in the Third Degree. Defendant appealed, contending... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471753/ | SUMMARY ORDER
Petitioner Kissima Saho (“petitioner” or “Saho”), a native and citizen of The Gambia, seeks review of the Board of Immigration Appeals (“BIA”) orders of May 16, 2008, and February 27, 2009, denying his motions to reopen. Petitioner argues that (1) he is eligible for a reopening of his proceedings without ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471755/ | SUMMARY ORDER
Xhavit Lajqi, a native and citizen of Kosovo, seeks review of an October 27, 2008 order of the BIA denying his motion to remand and affirming the December 15, 2006 decision of Immigration Judge (“IJ”) Sandy K. Horn, denying his application for asylum, withholding of removal, and relief under the Conventi... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471759/ | SUMMARY ORDER
Defendant-appellant Eduardo Antonio Serna challenges a November 21, 2007 judgment of the District Court sentencing defendant principally to 70 months’ imprisonment to be followed by five years of supervised release, entered by the Court after he pleaded guilty, with no plea agreement, to conspiring to dis... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471761/ | SUMMARY ORDER
Petitioner Guo Ying Lin, a native and citizen of the People’s Republic of China, seeks review of a February 12, 2008 order of the BIA denying his “Motion to Reopen/Reonsider.” In re Guo Ying Lin, No. A070 899 868 (B.I.A. Feb. 12, 2008). We assume the parties’ familiarity with the underlying facts and pro... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471763/ | SUMMARY ORDER
Defendant-appellant Jose Delacruz challenges a judgment of conviction entered by the District Court on March 7, 2008 after he pleaded guilty to conspiracy to distribute and possess with intent to distribute five kilograms or more of cocaine, see 21 U.S.C. § 846. The District Court sentenced defendant prin... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471765/ | SUMMARY ORDER
Petitioner, Li Jie Wang, seeks review of a November 24, 2008 order of the BIA denying her motions to reonsider and reopen. In re Li Jie Wang, No. A 095 161 911 (B.I.A. Nov. 24, 2008). We assume the parties’ familiarity with the underlying facts and procedural history of the case.
We review the agency’s d... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471767/ | SUMMARY ORDER
Appellants Ruth E. Buck and Donald Buck (“the Bucks”), proceeding pro se, appeal the district court’s dismissal of their complaint. The Bucks argue, inter alia, that the district court erred in finding that they had failed to comply with Northern District of New York Local Rule 7.1 (“Local Rule 7.1”) and... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471769/ | SUMMARY ORDER
Angela J. Martel appeals from a judgment of the United States District Court for the District of Connecticut (Eginton, J.) dismissing her § 1983 suit against South Windsor police officer Richard A. Watrous on grounds of qualified immunity. Martel was arrested and tried for the burglary of her aunt’s home... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471682/ | PER CURIAM.
ORDER
Upon review of Michael S. Anderson’s recently docketed appeal, we sua sponte consider whether we have jurisdiction over this appeal.
Anderson filed a prisoner civil rights complaint in the United States District Court for the Southern District of Georgia. The district court dismissed the complaint f... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471684/ | ON MOTION
ORDER
Rashid El Malik moves to voluntarily dismiss his appeal.
Upon consideration thereof,
IT IS ORDERED THAT:
(1) The motion is granted.
(2) Each side shall bear its own costs. | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471687/ | ON MOTION
ORDER
James T. Kirby moves without opposition to voluntarily dismiss his appeal.
Upon consideration thereof,
IT IS ORDERED THAT:
(1) The motion is granted.
(2) Each side shall bear its own costs. | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471690/ | ON MOTION
NEWMAN, Circuit Judge.
ORDER
The United States moves to dismiss E. Lisk Wyckoff, Jr.’s appeal as premature. Wyckoff does not oppose.
Wyckoff filed a complaint in the United States Court of Federal Claims seeking a refund of federal income taxes paid in connection with his investments in a group of tax-shelt... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471692/ | ON MOTION
ORDER
Upon consideration of Hanley Industries, Inc.’s motion to voluntarily dismiss its appeal,
IT IS ORDERED THAT:
*573(1) The motion is granted.
(2) Each side shall bear its own costs. | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471694/ | ON MOTION
NEWMAN, Circuit Judge.
ORDER
Marc Mathers moves for an extension of time to file his brief or, in the alternative, for leave to file his brief out of time. Yshheyna Hamilla opposes and moves to dismiss Mathers’ appeal for failure to prosecute. Mathers opposes. Hamilla replies.
Mathers filed a notice of appe... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471770/ | SUMMARY ORDER
Petitioners Moussa Abbas El Chaikh Ali (“Moussa”) and Hassan Abbas El Chaikh Ali (“Hassan”), citizens of Lebanon, seek review of a September 27, 2006 order of the BIA affirming the October 25, 2004 decision of Immigration Judge (“IJ”) Vivienne E. Gordon-Uruakpa, denying their applications for asylum, wit... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471772/ | SUMMARY ORDER
Plaintiff-appellant Heriberto Palacio, incarcerated at the Coxasackie Correctional Facility and proceeding pro se, challenges an August 15, 2006 judgment of the District Court granting the motion of defen*669dants-appellees for summary judgment and dismissing his complaint. Plaintiff brought the instant c... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471774/ | *671
SUMMARY ORDER
John Doe appeals from an order of the District Court for the District of Connecticut (Eginton, J.) granting summary judgment in favor of defendants-appellees. We assume the parties’ familiarity with the underlying facts, the procedural history, and the issues presented for review.
The district court... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471776/ | *673
SUMMARY ORDER
Jin Ming Zheng, a native and citizen of the People’s Republic of China, seeks review of an October 27, 2006 order of the BIA, affirming the April 19, 2005 decision of Immigration Judge (“IJ”) Paul A. De-Fonzo, which denied her application for asylum, withholding of removal, and relief under the Conv... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471778/ | SUMMARY ORDER
Macary Belizaire, a native and citizen of Haiti, seeks review of: (1) an October 15, 2007 order of the BIA vacating the December 10, 2001 decision of Immigration Judge (“IJ”) Alan Vomacka granting his application for deferral of removal under the Convention Against Torture (“CAT”), In re Macary Belizaire... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471782/ | SUMMARY ORDER
Petitioner Ming Di Ni, a native and citizen of the People’s Republic of China, seeks review of a May 2, 2008 order of the BIA affirming the October 18, 2006 decision of Immigration Judge (“IJ”) Gabriel C. Videla, denying his applications for asylum, withholding of removal, and relief under the Convention... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471786/ | *687SUMMARY ORDER
Petitioner-appellant Rohan Myers was convicted after a jury trial in County Court, Westchester County, of murder in the second degree. Defendant appealed, contending that the trial court erroneously found that defendant had failed to establish a prima fade case supporting his Bat-son claim, under Bats... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471788/ | SUMMARY ORDER
Plaintiff-Appellant Eugene Glicksman (“Glicksman”) appeals from the January 25, 2008 decision of the United States District Court for the Southern District of New York (Preska, J.) granting summary judgment to Defendants-Appellees New York City Environmental Control Board, et al. (“Defendants”). Glicksman... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471790/ | SUMMARY ORDER
Jian Chiu Ye, a native and citizen of China, seeks review of a March 20, 2007 order of the BIA affirming the March 6, 2001 decision of Immigration Judge (“IJ”) Sandy Horn, denying her application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). In re Jian Chiu ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471683/ | PER CURIAM.
ORDER
Upon review of Michael S. Anderson’s recently docketed appeal, we sua sponte consider whether we have jurisdiction over this appeal.
Anderson filed a prisoner civil rights complaint in the United States District Court for the Southern District of Georgia. The district court dismissed the complaint f... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471685/ | ON MOTION
ORDER
Rashid El Malik moves to voluntarily dismiss his appeal.
Upon consideration thereof,
IT IS ORDERED THAT:
(1) The motion is granted.
(2) Each side shall bear its own costs. | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471686/ | ON MOTION
ORDER
James T. Kirby moves without opposition to voluntarily dismiss his appeal.
Upon consideration thereof,
IT IS ORDERED THAT:
(1) The motion is granted.
(2) Each side shall bear its own costs. | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471689/ | ON MOTION
PER CURIAM.
ORDER
The United States responds to the court’s order concerning whether this court has jurisdiction over Paula Johnson’s appeal. Johnson has not responded. Separately, Johnson moves for leave to proceed in forma pauperis.
Johnson filed a notice of appeal seeking review of the United States Cour... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471691/ | ON MOTION
NEWMAN, Circuit Judge.
ORDER
The United States moves to dismiss E. Lisk Wyckoff, Jr.’s appeal as premature. Wyckoff does not oppose.
Wyckoff filed a complaint in the United States Court of Federal Claims seeking a refund of federal income taxes paid in connection with his investments in a group of tax-shelt... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471693/ | ON MOTION
ORDER
Upon consideration of Hanley Industries, Inc.’s motion to voluntarily dismiss its appeal,
IT IS ORDERED THAT:
*573(1) The motion is granted.
(2) Each side shall bear its own costs. | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471695/ | ON MOTION
NEWMAN, Circuit Judge.
ORDER
Marc Mathers moves for an extension of time to file his brief or, in the alternative, for leave to file his brief out of time. Yshheyna Hamilla opposes and moves to dismiss Mathers’ appeal for failure to prosecute. Mathers opposes. Hamilla replies.
Mathers filed a notice of appe... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471771/ | SUMMARY ORDER
Petitioners Moussa Abbas El Chaikh Ali (“Moussa”) and Hassan Abbas El Chaikh Ali (“Hassan”), citizens of Lebanon, seek review of a September 27, 2006 order of the BIA affirming the October 25, 2004 decision of Immigration Judge (“IJ”) Vivienne E. Gordon-Uruakpa, denying their applications for asylum, wit... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471777/ | *673
SUMMARY ORDER
Jin Ming Zheng, a native and citizen of the People’s Republic of China, seeks review of an October 27, 2006 order of the BIA, affirming the April 19, 2005 decision of Immigration Judge (“IJ”) Paul A. De-Fonzo, which denied her application for asylum, withholding of removal, and relief under the Conv... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471779/ | SUMMARY ORDER
Macary Belizaire, a native and citizen of Haiti, seeks review of: (1) an October 15, 2007 order of the BIA vacating the December 10, 2001 decision of Immigration Judge (“IJ”) Alan Vomacka granting his application for deferral of removal under the Convention Against Torture (“CAT”), In re Macary Belizaire... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471781/ | *680
SUMMARY ORDER
Petitioner Qiu Lin, a native and citizen of the People’s Republic of China, seeks review of the May 2, 2008 order of the BIA affirming the September 13, 2006 decision of Immigration Judge (“IJ”) Javier Balas-quide, denying his applications for asylum, withholding of removal, and relief under the Con... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471783/ | SUMMARY ORDER
Petitioner Ming Di Ni, a native and citizen of the People’s Republic of China, seeks review of a May 2, 2008 order of the BIA affirming the October 18, 2006 decision of Immigration Judge (“IJ”) Gabriel C. Videla, denying his applications for asylum, withholding of removal, and relief under the Convention... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471785/ | *685
SUMMARY ORDER
Petitioners, Tjon Sun Sim and Jun Fah Tjin, both natives and citizens of Indonesia, seek review of a September 22, 2008 order of the BIA affirming the May 10, 2007 decision of Immigration Judge (“IJ”) Javier Balasquide denying Sim’s application for asylum, withholding of removal, and relief under th... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471787/ | *687SUMMARY ORDER
Petitioner-appellant Rohan Myers was convicted after a jury trial in County Court, Westchester County, of murder in the second degree. Defendant appealed, contending that the trial court erroneously found that defendant had failed to establish a prima fade case supporting his Bat-son claim, under Bats... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471789/ | SUMMARY ORDER
Plaintiff-Appellant Eugene Glicksman (“Glicksman”) appeals from the January 25, 2008 decision of the United States District Court for the Southern District of New York (Preska, J.) granting summary judgment to Defendants-Appellees New York City Environmental Control Board, et al. (“Defendants”). Glicksman... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471791/ | SUMMARY ORDER
Jian Chiu Ye, a native and citizen of China, seeks review of a March 20, 2007 order of the BIA affirming the March 6, 2001 decision of Immigration Judge (“IJ”) Sandy Horn, denying her application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). In re Jian Chiu ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471703/ | *579ON MOTION
ORDER
Upon consideration of the appellant’s motion to voluntarily dismiss this appeal,
IT IS ORDERED THAT:
(1) The motion is granted.
(2) Each side shall bear its own costs. | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471704/ | ON MOTION
ORDER
Upon consideration of the appellant’s motion to withdraw this appeal,
IT IS ORDERED THAT:
(1) The motion is granted. The appeal is dismissed.
(2) Each side shall bear its own costs. | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471706/ | ON MOTION
ORDER
The court treats the notice of withdrawal, filed by Jaime E. Virtucio and transmitted to this court by the United States District Court for the District of Columbia, as a motion to voluntarily dismiss this appeal.
Upon consideration thereof,
IT IS ORDERED THAT:
(1) This appeal is dismissed.
(2) Each s... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471711/ | ON MOTION
ORDER
Norbet Steven Wilcox moves for leave to proceed in forma pauperis.
The court notes that Wilcox has not responded to the court’s May 29, 2009 order concerning this court’s lack of jurisdiction in this case.
Accordingly,
IT IS ORDERED THAT:
(1) This appeal is dismissed.
(2) The motion to leave to procee... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471713/ | ON MOTION
ORDER
Third Dimension Semiconductor, Inc. (3D) moves to dismiss its appeal. 3D states that Fairchild Semiconductor Corporation consents.
Upon consideration thereof,
IT IS ORDERED THAT:
(1) The motion is granted.
(2) Each side shall bear its own costs.
(3) All pending motions are moot. | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471714/ | ON MOTION
PER CURIAM.
ORDER
The United States moves to dismiss Yvonne R. Kovacevich and Robert E. Ko-vacevieh’s appeal as premature. The appellants oppose.
The appellants filed a complaint in the United States Court of Federal Claims seeking a refund of federal income taxes paid. The United States counterclaimed for ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471792/ | SUMMARY ORDER
Petitioner Hua Ying Yang, a native and citizen of the People’s Republic of China, seeks review of: (1) the September 28, 2007 order of the BIA denying her first motion to reopen; and (2) the May 30, 2008 order of the BIA denying her second motion to reopen. In re Hua Ying Yang, No. A075 801 719 (B.I.A. S... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471794/ | SUMMARY ORDER
Petitioner Hua Wang, a native and citizen of the People’s Republic of China, seeks review of a March 31, 2008 order of the BIA affirming the May 10, 2006 decision of Immigration Judge (“IJ”) Vivienne E. Gordon-Uruakpa denying her application for asylum, withholding of removal, and relief under the Conven... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471796/ | SUMMARY ORDER
Petitioners Abindin, Leonora, Xhoni, and Xhoana Agolli, all natives and citizens of Albania, seek review of the March 28, 2008 order of the BIA affirming the August 16, 2006 decision of Immigration Judge (“IJ”) Patricia A. Rohan denying their applications for asylum, withholding of removal, and relief un... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471798/ | SUMMARY ORDER
Petitioner Di Di Qiu, a native and citizen of the People’s Republic of China, seeks review of an October 5, 2007 order of the BIA denying his motion to reopen. In re Di Di Qiu, No. A073 604 510 (B.I.A. Oct. 5, 2007). We assume the parties’ familiarity with the underlying facts and procedural history in t... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471800/ | SUMMARY ORDER
Mei Fang Cai, a native and citizen of the People’s Republic of China, seeks review of an April 4, 2008 order of the BIA, affirming the September 14, 2006 decision of Immigration Judge (“IJ”) Javier Balas-quide, which denied her application for asylum, withholding of removal, and relief under the Conventi... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471802/ | SUMMARY ORDER
Petitioner Qing Lin, a native and citizen of the People’s Republic of China, seeks review of the April 16, 2008 order of the BIA denying her motion to reopen. In re Qing Lin, No. A096 037 311 (B.I.A. Apr. 16, 2008). We assume the parties’ familiarity with the underlying facts and procedural history of th... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471699/ | ON MOTION
NEWMAN, Circuit Judge.
ORDER
The United States moves to dismiss Nassif J. Cannon’s and Gail F. Barber’s appeal for lack of jurisdiction. The appellants do not oppose.
The appellants filed a complaint in the United States Court of Federal Claims seeking a refund of federal income taxes paid in connection wit... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471701/ | ON MOTION
PER CURIAM.
ORDER
The Secretary of Veterans Affairs moves to waive the requirements of Fed. Cir. R. 27(f) and dismiss for lack of jurisdiction Edward Z. Camillo’s appeal from a decision of the United States Court of Appeals for Veterans Claims affirming the Board of Veterans’ Appeals (Board) decision that d... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471707/ | ON MOTION
ORDER
The court treats the notice of withdrawal, filed by Jaime E. Virtucio and transmitted to this court by the United States District Court for the District of Columbia, as a motion to voluntarily dismiss this appeal.
Upon consideration thereof,
IT IS ORDERED THAT:
(1) This appeal is dismissed.
(2) Each s... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471708/ | ON MOTION
ORDER
Upon consideration of the joint motion to dismiss this appeal, due to settlement,
IT IS ORDERED THAT:
(1) The motion is granted.
(2) All other pending motions are moot.
(3) Each side shall bear its own costs. | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471712/ | ON MOTION
ORDER
Third Dimension Semiconductor, Inc. (3D) moves to dismiss its appeal. 3D states that Fairchild Semiconductor Corporation consents.
Upon consideration thereof,
IT IS ORDERED THAT:
(1) The motion is granted.
(2) Each side shall bear its own costs.
(3) All pending motions are moot. | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471793/ | SUMMARY ORDER
Petitioner Hua Ying Yang, a native and citizen of the People’s Republic of China, seeks review of: (1) the September 28, 2007 order of the BIA denying her first motion to reopen; and (2) the May 30, 2008 order of the BIA denying her second motion to reopen. In re Hua Ying Yang, No. A075 801 719 (B.I.A. S... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471795/ | SUMMARY ORDER
Petitioner Hua Wang, a native and citizen of the People’s Republic of China, seeks review of a March 31, 2008 order of the BIA affirming the May 10, 2006 decision of Immigration Judge (“IJ”) Vivienne E. Gordon-Uruakpa denying her application for asylum, withholding of removal, and relief under the Conven... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471797/ | SUMMARY ORDER
Petitioners Abindin, Leonora, Xhoni, and Xhoana Agolli, all natives and citizens of Albania, seek review of the March 28, 2008 order of the BIA affirming the August 16, 2006 decision of Immigration Judge (“IJ”) Patricia A. Rohan denying their applications for asylum, withholding of removal, and relief un... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471799/ | SUMMARY ORDER
Petitioner Di Di Qiu, a native and citizen of the People’s Republic of China, seeks review of an October 5, 2007 order of the BIA denying his motion to reopen. In re Di Di Qiu, No. A073 604 510 (B.I.A. Oct. 5, 2007). We assume the parties’ familiarity with the underlying facts and procedural history in t... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471801/ | SUMMARY ORDER
Mei Fang Cai, a native and citizen of the People’s Republic of China, seeks review of an April 4, 2008 order of the BIA, affirming the September 14, 2006 decision of Immigration Judge (“IJ”) Javier Balas-quide, which denied her application for asylum, withholding of removal, and relief under the Conventi... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471716/ | ON MOTION
PER CURIAM.
ORDER
The court treats Jacqueline McEachin’s correspondence concerning the timeliness of her petition for review as a motion for reconsideration of the court’s previous rejection of her petition for review as untimely.
On March 6, 2009, the Merit Systems Protection Board issued a final decision ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471719/ | ON MOTION
PER CURIAM.
ORDER
The Secretary of Veterans Affairs responds to the court’s June 18, 2008 order and requests that the court consider the appeal on the merits and reverse the judgment of the United States Court of Appeals for Veterans Claims in Yandle v. Nicholson, No. 05-559. Lavon F. Yandle has not respond... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471721/ | MOORE, Circuit Judge.
Sanofi-Aventis U.S. LLC, Sanofi-Aven-tis, and Debiopharm S.A. (collectively, Sa-nofi) appeal from the district court’s grant of summary judgment of noninfringement of U.S. Patent No. 5,338,874 (the '874 patent). Because the district court erred in construing composition claims as product-by-proces... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471722/ | SUMMARY ORDER
Defendants-Appellants P.O. Raymond Montero, P.O. Brian Menton, P.O. Keith Olson, and P.O. John Traynor (collectively “Appellants”) appeal from a judgment of the United States District Court for the Southern District of New York (Smith, M.J.) entered after a jury verdict finding in favor of Plaintiffs-App... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471725/ | SUMMARY ORDER
John Ward, Town of Wallkill Supervisor, and Robert Hertman, Town of Wallkill Police Chief, appeal from the district court’s denial of Ward and Hertman’s motion for summary judgment on the grounds that they were entitled to qualified immunity in a First Amendment retaliation case brought by Wallkill Police... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471727/ | SUMMARY ORDER
Cross appeals from an order of the United States District Court for the Western District of New York (Arcara, J.), which adopted in toto the report and recommendation of Magistrate Judge H. Kenneth Schroeder, Jr. In sum, the district court granted summary judgment to defendants Railcar Custom Leasing, LL... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471729/ | *617SUMMARY ORDER
Plaintiff-appellant Min Kou Chenette asserts employment discrimination claims under Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. § 2000e et seq., as well as claims under New York State Human Rights Law (“NYSHRL”), Executive Law § 290 et seq., and New York City Human Rights Law (“... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471730/ | SUMMARY ORDER
Petitioner Xue Hua Liu, a native and citizen of the People’s Republic of China, seeks review of the October 2, 2008 order of the BIA affirming the April 10, 2007 decision of Immigration Judge (“IJ”) Margaret R. Reichenberg denying her applications for asylum, withholding of removal, and relief under the ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471732/ | SUMMARY ORDER
Zeng-Xia Zheng, a native and citizen of China, seeks review of an October 31, 2008 order of the BIA affirming the August 1, 2007 decision of Immigration Judge (“IJ”) Barbara A. Nelson, which denied her application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”)... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471734/ | SUMMARY ORDER
Appellant Elena Chitoiu, pro se, appeals the district court’s grant of summary judgment in favor of the Appellees in Appellant’s action to recover long term disability benefits under the Employment Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001, et seq. We assume the parties’ familiari... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471736/ | SUMMARY ORDER
Luis Marshall, the superintendent of Wallkill Correctional Facility, appeals from a judgment of the district court granting Stephen G. Schulz’s 28 U.S.C. § 2254 petition for a writ of habeas corpus. We assume the parties’ familiarity with the facts, proceedings below, and specification of issues on appeal... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471740/ | SUMMARY ORDER
Petitioner Yong Chen, a native and citizen of the People’s Republic of China, seeks review of a February 25, 2008 order of the BIA affirming the February 15, 2007 decision of Immigration Judge (“IJ”) Robert D. Weisel, denying his motion to reopen his removal proceedings. In re Yong Chen, No. A076 505 693... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471742/ | SUMMARY ORDER
Petitioner Bary Maiga, a native and citizen of Burkina Faso, seeks review of the April 16, 2008 order of the BIA affirming the April 27, 2006 decision of the Immigration Judge (“IJ”) George T. Chew denying his applications for asylum, withholding of removal, and relief under the Convention Against Torture... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471744/ | SUMMARY ORDER
Plaintiff-Appellant Kalliopi Sígala, through counsel, appeals from the orders of the United States District Court for the Eastern District of New York (Townes, J.), denying Appellant’s motion to reopen the case following dismissal of the complaint for failure to prosecute and Appellant’s motion for recon... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471746/ | SUMMARY ORDER
Plaintiff-appellant Leonides Gervacio (“plaintiff’) appeals from a July 9, 2008 judgment of the District Court, which granted the motion of the defendants Bar*639ry S. Zall (“Zall”) and MMCA Leasing, Ltd. (“MMCA”) for summary judgment. Plaintiff filed the underlying action in the Supreme Court of the Stat... | 01-04-2023 | 11-05-2022 |
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