Case law

Juan Ramirez-Chacon v. Eric Holder, Jr.

397 F. App'x 179 · Court of Appeals for the Sixth Circuit · Sep 23, 2010

Ramirez’s father was Ramirez’s “sole qualifying relative for Non-LPR Cancellation of Removal.” … In addition, on the Notice of Hearing form for the pending hearing, the box for “removal hearing,” rather than as an “asylum hearing,” had been checked, clearly indicating the type of hearing that was scheduled.

Oscar Gonzalez Sagastume v. Eric Holder, Jr.

490 F. App'x 712 · Court of Appeals for the Sixth Circuit · Jul 20, 2012

Holder (D) the alien has established by clear and convincing evidence that the alien has the means to depart the United States and intends to do so. Id. § 1229c(b)(1). … The 2004 NTA is the only document in this case that qualifies as a “notice to appear” for purposes of the one-year requirement.

Gary Watkins v. Jodi DeAngelo-Kipp

854 F.3d 846 · Court of Appeals for the Sixth Circuit · Jan 10, 2017

Rather, to qualify for relation back, the original and amended petitions must “state claims that are tied to a common core of operative facts.” Id. at 664. … Even assuming that Watkins was diligently pursuing his rights, he cannot establish entitlement to equitable tolling.

Wesley Fullen v. City of Columbus

514 F. App'x 601 · Court of Appeals for the Sixth Circuit · Feb 12, 2013

Fullen establishes a prima facie case of race discrimination, by showing that: “1) he is a member of a protected class; 2) [he] was qualified for the job; 3) he suffered an adverse employment decision; and 4) [he] was replaced … Section 1983 provides a cause of action for “the deprivation of any rights, privileges, or immunities secured by the Constitution and laws” by any person acting “under color of any statute, ordinance, regulation, custom,

Razia Sultana v. Eric H. Holder, Jr.

350 F. App'x 59 · Court of Appeals for the Sixth Circuit · Oct 29, 2009

The IJ was clearly within his authority to analyze the authenticity of the letter. See, e.g., Selami v. … As discussed above, Sultana did not meet her burden of establishing asylum. She therefore does not qualify for protection under the CAT. See Bah v.

Owner Operator Independent Drivers Ass'n v. Comerica Bank (In Re Arctic Express Inc.)

636 F.3d 781 · Court of Appeals for the Sixth Circuit · Mar 3, 2011

The carrier shall perform this accounting in one of the following ways: (i) By clearly indicating in individual settlement sheets the amount and description of any deduction or addition … Under the terms of the loan, Arctic submitted to Comerica a list of customer invoices that qualified as “eligible accounts,” as defined by the loan documents.

United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry, Local No. 577, National Labor Relations Board, Intervenor-Appellee v. Ross Brothers Construction Company

191 F.3d 714 · Court of Appeals for the Sixth Circuit · Sep 17, 1999

Pursuant to the NIMA, Local 577 agreed to refer qualified Union members to Ross Brothers and the other contractors, and the contractors agreed to "pay wages and benefits according to the agreement in effect between local … J.A. at 47. 17 A review of well-established arbitration principles shows that this argument is equally unavailing.

Albert Bohanan, Jr. v. United Parcel Service

918 F.2d 178 · Court of Appeals for the Sixth Circuit · Nov 14, 1990

Bohanan was required to prove only that he was qualified for the full-time supervisory position, "not that he was more qualified than the successful applicant." Bernard v. Gulf Oil Co., 841 F.2d 547, 570 (5th Cir.1988). … retaliatory discharge is not necessarily established.

KY Waterways v. Johnson

Court of Appeals for the Sixth Circuit · Sep 3, 2008

Page 17 be too significant to be considered de minimus, I find this the ten percent outer limit to be clearly supported by the EPA’s own practice. … Likewise, the EPA has indicated that in order to qualify as de minimus an exemption must have a cumulative cap on the reduction of assimilative capacity that may be caused by exempted discharges.

Gary Fields v. Henry County, Tennessee

701 F.3d 180 · Court of Appeals for the Sixth Circuit · Dec 10, 2012

An expectation of release may qualify as a constitutionally protected liberty interest. See Greenholtz v. Inmates of the Neb. Penal & Corr. … Section 40-11-115 clearly gives the magistrate discretion in deciding whether to order release on personal recognizance.

United States v. Higgins

557 F.3d 381 · Court of Appeals for the Sixth Circuit · Feb 26, 2009

The statute established the quantities of “cocaine, its salts ...” that would trigger various penalty tiers. … If any form of cocaine base qualifies for the enhanced penalties under the statute, then subsection (iii) swallows subsection (ii).”).

Odraye Jones v. Margaret Bradshaw

Court of Appeals for the Sixth Circuit · Aug 22, 2022

That, in turn, means that “the applicable substantive law is limited to federal law ‘clearly established’ by the holdings of Supreme Court decisions.” Jackson v. … We see no unreasonable application of clearly established federal law in the state courts’ conclusions.

United States v. Thorpe

Court of Appeals for the Sixth Circuit · Dec 27, 2006

He notes that unlike the “clearly set forth” statutory crimes at issue in Armstrong and Bass, “the Government has never set forth the criteria for how a case is determined to qualify for PSN prosecution.” … In any event, the district court’s order granting Thorpe’s discovery motion was clearly erroneous on its face.

Jervis Middleton v. Lexington-Fayette Urban County Gov't

Court of Appeals for the Sixth Circuit · Feb 20, 2024

immunity. … The district court found in favor of Weathers on the basis of qualified immunity, holding that Middleton had no clearly established right to share confidential police information. We agree.

United States Securities & Exchange Commission v. Sierra Brokerage Services, Inc.

712 F.3d 321 · Court of Appeals for the Sixth Circuit · Apr 4, 2013

Acknowledging that Rule 144 does not define “control,” the Second Circuit has found that Rule 405 of Regulation C establishes a definition of “affiliate” identical to that of Rule 144 and defines “control … The court noted that it did “not intimate that such overwhelming proof of control exercised here is necessary to satisfy the broad definition of ‘control’ for the purposes of Rule 144, but it is clearly sufficient.”

Curtis Lewis v. Cindi Curtin

632 F. App'x 788 · Court of Appeals for the Sixth Circuit · Nov 16, 2015

“The state court’s application of clearly established law must be objectively unreasonable.” Id. … However, the Supreme Court in Lopez clearly held that only Supreme Court law qualifies as “clearly established Federal law” for purposes of habeas relief under § 2254(d). 135 S. Ct. at 4.

Robert Buchanan v. Delphi Corporation

597 F. App'x 305 · Court of Appeals for the Sixth Circuit · Jan 7, 2015

The two letters sent by Delphi, upon which Plaintiffs rely, also fail to establish that the SAP is an ERISA plan. … [M] Above all, however, the letter clearly delineates between the monthly wage payments made under the SAP and pension benefits paid upon retirement.

Diego Ortiz-Leon v. Pamela Bondi

Court of Appeals for the Sixth Circuit · Mar 5, 2026

“‘[T]o qualify as a refugee,’ the applicant must establish ‘that he or she has suffered past persecution on the basis of race, religion, nationality, social group, or political opinion; or . . . show[ ] that he or she has … The BIA clearly applied the lower withholding-of-removal nexus standard and determined that it was not met.

Houston v. Clark County Sheriff Deputy John Does 1-5

174 F.3d 809 · Court of Appeals for the Sixth Circuit · Apr 23, 1999

that he did, that the car counting procedure employed by Deputy Schutte was so unreliable as to fail to meet the constitutionally mandated standard of reasonable suspicion, and that the reliance placed by Deputy Hopper on clearly … Nor could qualified immunity justify the dismissal of Plaintiffs’ case, for even if the officers who may have violated Plaintiffs’ clearly established Fourth Amendment rights acted with good intentions, subjective good faith

Christopher Bailey v. City of Howell

643 F. App'x 589 · Court of Appeals for the Sixth Circuit · Mar 16, 2016

Alternatively, the district court held that this claim failed as a matter of law because Lorenz was absolutely immune from suit based on his testimony. Id. at *16-17 . … Because the undisputed facts show that Lorenz did not testify falsely, we do not reach the issue of whether Lorenz was absolutely immune from suit based on his testimony.