Egyptian Citizen's Petition For Review of Removal Order Denied, Plus Immigration Matters
Penn-America Ins. Co. v. Lavigne, 09-2059, involved an insurer's suit against its insured and plaintiff seeking a declaratory judgment that the insured's insurance policy excluded liability coverage for claims arising from roofing, arising from serious injuries sustained by plaintiff when a portion of a scaffolding snapped while visiting his friend, the insured, at the job-site. In affirming district court's grant of summary judgment in favor of the insurer, the court held that the only language added to Endorsement A plainly expresses the intent of the parties to exclude claims arising from roofing. Also, there is no dispute that plaintiff's injuries originated from, grew out of, flowed from, or had a connection with, roofing.
Barsoum v. Holder, 09-1968, concerned an Egyptian citizen's petition for review of a BIA's final order of removal. In denying the petition, the court held that substantial evidence supported the BIA's and IJ's conclusion that, even if the harms petitioner has endured are assumed attributable to his religious beliefs, they did not rise to the level of persecution, and that there is substantial evidence supporting BIA's finding that petitioner failed to demonstrate a well-founded fear of future persecution. The court also held that there was no abuse of discretion in the BIA's denial of petitioner's motion to remand to consider changed country conditions on the basis of statements in the State Department reports.