Daily Case Update Archive

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April 4, 2006

Ohio Supreme Court | Ohio First District | U.S. 6th Circuit - Ohio | U.S. 6th Circuit - Other States
 

TOPICS:
- Immigration - request for asylum - false documents - forgeries
- Constitution - First Amendment retaliation - whistleblower statute
 

Ohio Supreme Court

 

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First District Court of Appeals

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U.S. Sixth Circuit Court of Appeals:  Ohio Cases

 

No Opinions.
 

U.S. Sixth Circuit Court of Appeals: Other States Cases

 

Alexandrov v. Gonzales (April 4, 2006) (Appeal from State of Michigan Agency)
-  http://www.ca6.uscourts.gov/opinions.pdf/06a0117p-06.pdf
-  Todor D. Alexandrov was born on August 21, 1971, and is a native and citizen of Bulgaria. Alexandrov entered the United States in 1996 on a student visa to attend McNeese State University in Louisiana. He never attended the university, but on May 6, 1997, filed an administrative request for asylum. On September 26, 1997, Alexandrov received notice that his asylum application had been approved. Nearly six months later, however, the INS issued a notice of intent to terminate his asylum status based on its conclusion that Alexandrov had submitted fraudulent documents in support of his application. After a hearing, the immigration court agreed that the documents were fraudulent and that Alexandrov had submitted a frivolous asylum application within the meaning of 8 U.S.C. § 1158(d)(6) and 8 C.F.R. § 1208.20.1 Based on this finding, the court also made an adverse credibility finding against Alexandrov and denied all forms of relief.2 The Board of Immigration Appeals affirmed in a conclusory order adopting the findings of the immigration court. For the following reasons, we GRANT the petition for review and REMAND for further consideration * particularly of Alexandrov's adjustment of status to a lawful permanent resident based on his derivative eligibility * before a different immigration judge.
 
Nair v. Oakland Cnty, et al (April 4, 2006) (Appeal from E.D. Michigan)
-  http://www.ca6.uscourts.gov/opinions.pdf/06a0118p-06.pdf
-  Dr. Sreedharan Nair challenges the district court's entry of summary judgment against him in this lawsuit claiming (1) First Amendment retaliation under 42 U.S.C. § 1983 and (2) a violation of Michigan's whistleblower statute. Because Nair's speech did not touch on a matter of public concern, we reject his First Amendment claim, and because his speech did not threaten to report a violation of law, we reject his state-law claim. And because the defendants have raised a sovereign-immunity defense to these claims as an alternative ground for affirmance, we need not decide whether their sovereign-immunity defense otherwise restricts our authority to reach the merits of this case. We affirm.
 

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