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May 22, 2008

Table of Contents

LATEST SUMMARIES

ADMINISTRATIVE LAW, EVIDENCE, IMMIGRATION LAW
• Sok v. Mukasey

CIVIL PROCEDURE, COMMERCIAL LAW, CONTRACTS, CORPORATION & ENTERPRISE LAW, DISPUTE RESOLUTION & ARBITRATION, INTERNATIONAL LAW
• Sourcing Unlimited, Inc. v. Asimco Int'l, Inc.

CRIMINAL LAW & PROCEDURE, EVIDENCE, SENTENCING
• US v. Sharapka

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LATEST SUMMARIES

ADMINISTRATIVE LAW, EVIDENCE, IMMIGRATION LAW
Sok v. Mukasey, No. 07-2113
Petition for review of a denial of petitioner's withholding claim is granted and remanded for further proceeding where: 1) the BIA and IJ afforded a legally insufficient explanation of why petitioner failed to prove that she suffered past persecution in Cambodia; and 2) resolving the matter required the agency to make a well-reasoned and well-explained determination of petitioner's withholding eligibility. However, petition for review of a denial of petitioner's CAT claim is denied where petitioner's failure to develop arguments for her CAT claim was deemed a waiver. Read more...

CIVIL PROCEDURE, COMMERCIAL LAW, CONTRACTS, CORPORATION & ENTERPRISE LAW, DISPUTE RESOLUTION & ARBITRATION, INTERNATIONAL LAW
Sourcing Unlimited, Inc. v. Asimco Int'l, Inc., No. 07-2754
A corporate signatory to a written partnership agreement that requires international arbitration of their commercial disputes may not escape arbitration of such disputes by naming as defendants two non-signatories, on the basis that there was no written agreement to arbitrate with those defendants. Read more...

CRIMINAL LAW & PROCEDURE, EVIDENCE, SENTENCING
US v. Sharapka, No. 06-2715
Sentence for identity theft, counterfeiting, and mail fraud is affirmed over claims that the district court: 1) improperly determined, as a factual matter, that 10 or more victims suffered financial losses due to defendant's activities; and 2) erroneously imposed a two-level enhancement for possession of device-making equipment pursuant to U.S.S.G. section 2B1.1(b)(10)(A). Read more...


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