Case law
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275 F. App'x 109 · Court of Appeals for the Third Circuit · Apr 22, 2008
However, Cozac has failed to establish that his absence was the result of his attorney’s actions, or that his attorney’s conduct was tantamount to ineffective assistance of counsel qualifying as the exceptional circumstance … That is clearly not an “exceptional circumstance.” Thus, we conclude that the BIA did not abuse its discretion in upholding the IJ’s denial of the motion to reopen. II.
Cited 0 timesPublished701 F.2d 271 · Court of Appeals for the Third Circuit · Mar 29, 1983
The United States is clearly in no such position here. … Kubrick, 444 U.S. 111 , 100 S.Ct. 352 , 62 L.Ed.2d 259 (1979) (courts not to extend statute of limitations, which is condition on waiver of sovereign immunity, beyond what Congress intended).
Cited 10 timesPublishedAbduvakhob Alimbaev v. Attorney General United States
872 F.3d 188 · Court of Appeals for the Third Circuit · Sep 25, 2017
Ashcroft, 386 F.3d 556, 561 (3d Cir. 2004)—and withholding of removal and CAT protection—both of which are mandatory if eligibility is established, see Kaita v. … We start with the clearly erroneous standard. A.
Cited 56 timesPublishedAndrickson v. Attorney General of the United States
433 F. App'x 124 · Court of Appeals for the Third Circuit · Jun 27, 2011
In November 2007, the IJ asked for documentation so that he could determine whether her conviction qualified as an aggravated felony. … As the BIA recognized, it reviews the IJ’s finding of facts under the “clearly erroneous” standard, but reviews questions of law de novo. See 8 U.S.C. § 1101 (a)(43)(M).
Cited 1 timesPublishedHua Wu v. Attorney General of the United States
571 F.3d 314 · Court of Appeals for the Third Circuit · Jun 18, 2009
The final paragraph of Wu’s brief to BIA stated that he qualifies as a refugee be *318 cause he was married to Lin in a traditional marriage ceremony. … Therefore, as a matter of law, Lin’s experiences cannot establish Wu’s eligibility for asylum.
Cited 39 timesPublishedPascack Valley Hospital, Inc. v. Local 464a Ufcw Welfare Reimbursement Plan
388 F.3d 393 · Court of Appeals for the Third Circuit · Dec 23, 2004
The complaint does not expressly refer to ERISA and the rights or immunities created under ERISA are not elements, let alone essential elements, of the plaintiff's claims. … As such, Pridmore's certification cannot establish a routine practice relevant to this appeal, let alone satisfy the Plan's burden of establishing federal subject-matter jurisdiction by a preponderance of the evidence. 37
Cited 2 timesPublished822 F.2d 349 · Court of Appeals for the Third Circuit · Jun 15, 1987
. §§ 1346 , 1491, because it is only under the terms of the Tucker Act that the United States waives its sovereign immunity to non-tort claims seeking monetary relief. See Hahn v. … On expiration of his term, a marshal shall continue to perform the duties of his office until his successor is appointed and qualifies, unless sooner removed by the President. 28 U.S.C. § 561 . .
Cited 34 timesPublishedGikas v. Washington School District
328 F.3d 731 · Court of Appeals for the Third Circuit · May 16, 2003
As such, the District is not required to help applicant veterans become qualified for the job; rather it is required to give those applicants a preference only if they are independently qualified. … They must be, in some sense, “qualified.”).
Cited 4 timesPublishedTed JOSEY, Appellant, v. JOHN R. HOLLINGSWORTH CORPORATION, Appellee
996 F.2d 632 · Court of Appeals for the Third Circuit · Jun 21, 1993
There is no dispute that Josey belongs to a racial minority and was qualified for the position. … The statute could never be enforced in difficult economic times if a financial explanation for termination created a veil of immunity behind which employers were free to discriminate.
Cited 299 timesPublishedPenn Terra Limited v. Department Of Environmental Resources
733 F.2d 267 · Court of Appeals for the Third Circuit · Apr 30, 1984
The effect of an exception is not to make the action immune from injunction. 39 The court has ample other powers to stay actions not covered by the automatic stay. … The State of Ohio contended that the obligation did not qualify as a claim or debt and therefore was not dischargeable in bankruptcy.
Cited 35 timesPublished294 F. App'x 731 · Court of Appeals for the Third Circuit · Sep 22, 2008
Secondly, the Court found that the appellees had probable cause to arrest Andros and thus were entitled to qualified immunity from most of the federal claims. … On a motion for partial reconsideration of the summary judgment order, the District Court extended its qualified immunity ruling to dismiss a number of the state law claims against appellees.
Cited 7 timesUnpublished87 F. App'x 800 · Court of Appeals for the Third Circuit · Jan 29, 2004
On remand, the District Court determined that Bresko’s claims against Detective John did not allege a Fourth Amendment violation and, therefore, that John was entitled to qualified immunity. … Katz, 533 U.S. 194, 201 (2001), “[i]f no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.”
Cited 3 timesUnpublished542 F.2d 421 · Court of Appeals for the Third Circuit · Oct 27, 1976
Two district courts have adopted the related test that a person may qualify as a "taxpayer" if the payment of the third party's taxes was not "voluntary." Adams v. … which is attributable to one spouse and which is in excess of 25 percent of the amount of gross income stated in the return, 20 "(B) the other spouse establishes that in signing the return he or she did not know of, and
Cited 0 timesPublished161 F.2d 921 · Court of Appeals for the Third Circuit · May 21, 1947
The first of these objected to statements reads: “The fiduciaries probated the will and became qualified to administer the estate as executors, and to administer the trusts as trustees, on August 28, 1933. … If the rule argued for were established the half to A in fee would be subject to this tax and would not vest in A until the completion of administration, while the half in trust would immediately be immunized for A’s benefit
Cited 13 timesPublished775 F.2d 99 · Court of Appeals for the Third Circuit · Dec 16, 1985
It alleged that no petitioner's net worth exceeded one million dollars, and thus established that the petitioners were eligible, under 28 U.S.C. … Waivers of sovereign immunity must be strictly construed. Id.
Cited 0 timesPublished721 F.2d 109 · Court of Appeals for the Third Circuit · Nov 10, 1983
The trial court found that he was so qualified. This question is relegated, under Fed. R.Evid. 104(a) to the trial court, whose findings on Burke’s qualifications are not clearly erroneous. … The verdict establishes that the proof of loss seeking $2,654,682.81 was anything but proper. It establishes, as well, that INA was justified in resisting a lawsuit in which CBG attempted to recover $5,732,402. V.
Cited 11 timesPublished171 F.3d 858 · Court of Appeals for the Third Circuit · Mar 23, 1999
But the issue in McNamara was whether ambulance drivers transporting a mental health patient qualified for immunity under the MHPA. See id. at 449. … Thus, the implicit question addressed in that case was what kind of medical personnel 24 would qualify for immunity.
Cited 20 timesUnknown420 F.2d 787 · Court of Appeals for the Third Circuit · Feb 2, 1970
It stated that "where clearly intended by the parties, such contracts [indemnifying one against his own negligence] have been enforced by this Court * * *. … Because of the very strong public policy against exculpatory provisions, the parties were presumed to have intended an immunity for only future negligent acts. 15 In our case we are dealing with an indemnity provision, and
Cited 20 timesPublishedAddiction Specialist v. Hampton
Court of Appeals for the Third Circuit · Jun 14, 2005
In this land use appeal, ASI alleged that the Township acted arbitrarily and capriciously and abused its discretion by determining that the travel agency qualified as a school and that the museum qualified as a public park … In sum, because only certain forms of relief are clearly available in the land use appeal,16 we will affirm only the District Court’s decision to abstain from ASI’s claims for declaratory and injunctive relief relating to
Cited 0 timesPublished
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