Case law

Molano-Paz v. Atty Gen USA

159 F. App'x 425 · Court of Appeals for the Third Circuit · Dec 28, 2005

Legal Standards To qualify as a “refugee” who may receive asylum, an alien must establish that s/he is unable or unwilling to return to his or her country of nationality “because of persecution or a well-founded … Given this higher 9 standard, an applicant who does not qualify for asylum necessarily does not qualify for withholding of removal. Guo v.

Yan Zhu Zheng v. Attorney General of the United States

313 F. App'x 518 · Court of Appeals for the Third Circuit · Feb 11, 2009

Indeed, *527 two of the petitioners ... clearly set forth that they intended to pursue then-adjustment applications before the US-CIS. … (a)(l), clearly precludes her from seeking adjustment of status before an IJ. And, based on that regulation, the BIA here denied her motion to reconsider on jurisdictional grounds.

Mario Mateo-Diego v. Attorney General United States

Court of Appeals for the Third Circuit · Jul 19, 2021

And the IJ made these findings in the course of explaining why Mateo-Diego had failed to establish “that his qualifying relatives would suffer exceptional and extremely unusual hardship should the respondent be removed. … erroneous, and agreed with the IJ that the hardship they established did not meet the threshold of “exceptional and extremely unusual.”

Yan Zhu Zheng v. Attorney General of the United States

313 F. App'x 518 · Court of Appeals for the Third Circuit · Feb 11, 2009

Indeed, *527 two of the petitioners ... clearly set forth that they intended to pursue then-adjustment applications before the US-CIS. … (a)(l), clearly precludes her from seeking adjustment of status before an IJ. And, based on that regulation, the BIA here denied her motion to reconsider on jurisdictional grounds.

United States v. Schnupp

368 F.3d 331 · Court of Appeals for the Third Circuit · May 18, 2004

However, the legislation enter into such contracts with appropriate establishing that Board applies only to facilities because defendants can usually Pennsylvania cities of the second class, be housed for … sentence of im prisonment (e.g ., a probation even though the sentencing court sentence of probation with a clearly

Lawler v. Fireman's Fund Insurance Company

322 F.3d 900 · Court of Appeals for the Third Circuit · Mar 31, 2003

Therefore, there is no requirement in the umbrella policy that Pontzer had to be acting during the scope of his employment to qualify for underinsured motorist coverage. 28 710 N.E.2d at 1120 . … As the issue in this case is an outright denial of coverage to a spouse for her losses, these three courts would clearly find Moore applicable here.

In Re Tmi. General Public Utilities Corp. Metropolitan Edison Company Jersey Central Power & Light Co. Pennsylvania Electric Co. Babcock & Wilcox Company McDermott Incorporated Ue & C Catalytic, Inc. (Raytheon) Burns & Roe Enterprises Dresser Industries

67 F.3d 1103 · Court of Appeals for the Third Circuit · Oct 17, 1995

The court held that each plaintiff must prove individual exposure to radiation in order to establish causation, but not to establish a breach of the duty of care. … Feb. 18, 1994). 71 Defendants contend that plaintiffs must establish that they were located in areas exposed to radiation in excess of that allowed under Secs. 20.105 and/or 20.106 to establish a breach of duty.

Stevens Guilmeus v. Attorney General United States

Court of Appeals for the Third Circuit · Jul 19, 2022

threats to make the point that there was no evidence the police were aware of any problems Guilmeus faced in Haiti. 3  II.4 To qualify … For findings of fact, the BIA is required to apply a clearly erroneous standard of review to the IJ’s determinations, 8 C.F.R. § 1003.1(d)(3)(i), and a de novo standard of review to the IJ’s decisions of law, 8 C.F.R. § 1003.1

In Re Westinghouse Securities Litigation

90 F.3d 696 · Court of Appeals for the Third Circuit · Jul 18, 1996

Supp. at 973-77, 985-86, and in Westinghouse II, the court clarified that no cautionary language immunized defendants' alleged misstatements occurring prior to February 27, 1991. … Mass. 1991) ("Applying the appropriate standard of scrutiny for a Rule 12(b)(6) motion, a set of facts establishing the underwriter defendants as `sellers' is clearly plausible, although the plaintiffs must later produce

United States v. Corso

Court of Appeals for the Third Circuit · Dec 15, 2008

These failures were clearly error. Cf. … But we believe that the District Court should have qualified its post- sentencing remarks, ideally by explaining to Corso that his appellate waiver, if valid, curtailed his ability to appeal issues within its scope.

Fasold v. Justice

409 F.3d 178 · Court of Appeals for the Third Circuit · Jun 1, 2005

As to the retaliation claims, the District Court ruled that Fasold had failed to establish a prima facie case of retaliation; specifically, the District Court found that Fasold had failed to establish a "causal link" between … The decision to terminate Fasold's employment had already been made and was clearly approved by District Attorney Bruce Castor.

Damone Flowers v. Perry Phelps

514 F. App'x 100 · Court of Appeals for the Third Circuit · Feb 28, 2013

The District Court dismissed his petition as time-barred, noting that he did not qualify for either statutory or equitable tolling. We denied Flowers‟ application for a certificate of appealability on April 15, 2009. … Co., 416 F.3d 214, 219 (3d Cir. 2005), and will affirm only if “the movant clearly establishes there are no material issues of fact, and he is entitled to judgment as a matter of law,” id. at 220.

Transport Workers' Union of Philadelphia, Local 234 v. Southeastern Pennsylvania Transportation Authority

863 F.2d 1110 · Court of Appeals for the Third Circuit · Dec 28, 1988

Also, SEPTA produced testimony establishing that use of drugs in itself results in significant impairment. … The court found such testing was not justified at its inception because the required physical examination would identify employees who were clearly not fit for duty. See 678 F.Supp. at 551 .

Laborers' International Union of North America, Afl-Cio, in No. 93-5208 v. Foster Wheeler Corporation Foster Wheeler Energy Corporation. Laborers' International Union of North America, Afl-Cio v. Foster Wheeler Corporation Foster Wheeler Energy Corporation, Foster Wheeler Energy Corporation in No. 93-5233. Laborers' International Union of North America, Afl-Cio v. Foster Wheeler Corporation Foster Wheeler Energy Corporation, Foster Wheeler Corporation

26 F.3d 375 · Court of Appeals for the Third Circuit · May 20, 1994

MOEPSI negotiated with the five qualified bidders and scrutinized their bid packages over the next five months. … Wyman-Gordon Co., 394 U.S. 759, 766 , 89 S.Ct. 1426, 1429 , 22 L.Ed.2d 709 (1969) (plurality) (referring to the "qualified role of stare decisis in the administrative process"); NLRB v.

Weiss v. Temporary Investment Fund, Inc.

692 F.2d 928 · Court of Appeals for the Third Circuit · Nov 12, 1982

Tyson, 41 U.S. (1 Pet.) 1 , 10 L.Ed. 865 (1842), when federal courts were free to establish their own equitable remedial jurisprudence. … Equity Rule 27, established in 1912, was itself a slight modification of Equity Rule 94 adopted in 1882.

United States v. Wecht

Court of Appeals for the Third Circuit · Apr 12, 2007

First, the Orsini documents were filed with the motion for in camera review which “clearly establishes” them as judicial records. Goldstein, 260 F.3d at 192. … “Good cause is established on a showing that disclosure will work a clearly defined and serious injury to the party seeking closure. The injury must be shown with specificity.

Yi Xin Dong v. Gonzales

152 F. App'x 155 · Court of Appeals for the Third Circuit · Oct 20, 2005

The IJ found that, although there was sufficient evidence in the record to establish that the Chinese government persecutes practitioners of Falun Gong, Dong had not established that he was or had ever been a member of … Second, the IJ clearly explained the reasons for her determination.

United States v. Benjamin

205 F. App'x 30 · Court of Appeals for the Third Circuit · Nov 8, 2006

While loss must be established by a preponderance of the evidence, see United States v. … Additionally, the government established that Benjamin sought to introduce forged documents into evidence prior to taking the stand at trial.

United States v. Kluger

722 F.3d 549 · Court of Appeals for the Third Circuit · Jul 9, 2013

But in Collado the record was unclear as to when the brothers initially became involved in the conspiracy, and therefore the record did not clearly establish the date after which the brothers could be held accountable for … circumstance that he received a two-level sentencing enhancement for abusing his position of trust as an attorney and did not perform a commensurate level of community service pre- and post-arrest as did Bauer, thereby qualifying

United States v. Antonio Bishop

Court of Appeals for the Third Circuit · Nov 20, 2025

Boutte, 13 F.3d 855, 860 (5th Cir. 1994) (holding that a person “need only have participated knowingly in some part of the criminal enterprise” to qualify as a “participant”). … Boone, 279 F.3d 163, 193 (3d Cir. 2003) (explaining that defendant “bears the burden of establishing . . . that he or she is entitled to the reduction”). 32 See United States v.