063894U.pdf   11/03/2008  Ming Lin Zhang  v.  Alberto Gonzales
   U.S. Court of Appeals Case No:  06-3894
                          and No:  07-2214
   Board of Immigration Appeals   
   [UNPUBLISHED] [Per Curiam, before Wollman, Smith, and
   Gruender, Circuit Judges]
   Petition for Review - immigration. Alien waived challenge to denial of
   asylum on discretionary grounds because she did not raise the argument
   in her brief and waived review of her CAT claim because she did not
   challenge the denial before the BIA. The denial of withholding of
   removal based on China's family-planning policy is supported by
   substantial evidence. BIA did not abuse its discretion in denying motion
   to reopen, as new evidence would not change the result.
  
072120P.pdf   11/03/2008  Gregory Kloch  v.  Jon C. Bruning, etc.
   U.S. Court of Appeals Case No:  07-2120
   District of Nebraska - Lincoln   
   [PUBLISHED] [Wollman, Author, with Chief Judge Loken and
   Shepherd, Circuit Judges]
   Civil Rights - immunity. District court's denial of qualified immunity to
   state attorney general in action challenging the constitutionality of the
   Nebraska Uniform Licensing Law is reversed. Issuance of letter of
   concern to physician did not impair his license and physician is not
   entitled to due process protection for damage to his reputation alone. 
   Thus, physician did not allege and constitutional violation. Attorney
   general would be entitled to qualified immunity in any event because
   right was not clearly established. 
  
072825P.pdf   11/03/2008  MSK EyEs LTD  v.  Wells Fargo Bank
   U.S. Court of Appeals Case No:  07-2825
   U.S. District Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Bye, Author, with Chief Judge Loken and Colloton,
   Circuit Judges]
   Civil Case - Contract and Tort. Summary judgment granted to Wells
   Fargo Bank is affirmed. District court erred in dismissing claims relating
   to state court judgment as barred by Rooker-Feldman doctrine, but claims
   fail on their merits. Breach of contract claims fail because bank did not
   breach contract by initiating default judgment against MSK or breach
   confidentiality. Summary judgment was properly granted on defamation,
   tortious interference, negligence, and garnishment claims. District court
   did not abuse its discretion in denying motion to amend.
  
073443P.pdf   11/03/2008  Noel Malonga  v.  Michael B. Mukasey
   U.S. Court of Appeals Case No:  07-3443
   Board of Immigration Appeals   
   [PUBLISHED] [Bright, Author, with Riley and Melloy, Circuit Judges]
   Petition for Review - immigration. Decision denying asylum to Noel
   Malonga, a member of the Lari ethnic group of the Kongo tribe, is
   affirmed, as asylum application was untimely and this court is precluded
   from reviewing the decision refusing to excuse the untimely application. 
   Decision to deny withholding of removal is reversed, as immigration
   judge applied incorrect legal standard as 8 C.F.R sec. 1208.16 requires.
   Notwithstanding size of group, Lari ethnic group constitutes a particular
   social group for purposes of withholding or removal. Decision denying
   relief under the Convention Against Torture is affirmed as the record is
   not convincing to compel a reasonable fact finder to determine it is more
   likely than not he would be tortured if he returned to the Congo. Judge
   Riley dissents in part on whether Malonga's ethnicity is a particular
   social group. 
  
081344P.pdf   11/03/2008  Heritage Constructors  v.  City of Greenwood
   U.S. Court of Appeals Case No:  08-1344
   U.S. District Court for the Western District of Arkansas - Ft. Smith   
   [PUBLISHED] [Benton, Author, with Murphy and Bowman, Circuit Judges] 
   Civil Rights - retaliation. Government contractor's exercise of right to
   petition by initiating arbitration must be a matter of public concern to 
   be protected under the First Amendment. Because contractor did not allege
   its prior arbitration was a matter of public concern, the district court's
   grant of summary judgment to the city on the First Amendment retaliation
   claim is affirmed.