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MERITA MUKA et al.,
Petitioners-Appellants,
v.
ROBIN BAKER et al.,
Respondents-Appellees.


No. 07-2459

Appeal from the United States District Court
for the Eastern District of Michigan at Flint.
No. 06-15619—Paul V. Gadola, District Judge.
Submitted: March 13, 2009
Decided and Filed: March 17, 2009
Before: MOORE and WHITE, Circuit Judges; OLIVER, District Judge.

_________________________
OPINION
_________________________

KAREN NELSON MOORE, Circuit Judge. Petitioners-Appellants Merita Muka, her husband, Ilirian Muka, and their children, Lionela and Brajen Muka (collectively referred to as “the Mukas”), appeal the district court’s dismissal of their habeas petition for lack of subject-matter jurisdiction. Specifically, the Mukas argue that: (1) in the instant case, application of the provisions of the REAL ID Act of 2005, 8 U.S.C. § 1252, divesting the district court of jurisdiction over writs of habeas corpus in immigration cases would violate the Suspension Clause of the U. S. Constitution; and (2) the Mukas are entitled to protection from removal under 8 U.S.C. § 1255(i).

For the reasons discussed below, we disagree with the Mukas’ first argument, which is dispositive in this case, and AFFIRM the district court.


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JULIET M.MURPHY,
Plaintiff-Appellant,
v.
NATIONAL CITY BANK,
Defendant-Appellee.


No. 08-1483

Appeal from the United States District Court
for the Eastern District of Michigan at Detroit.
No. 07-14292—John Feikens, District Judge.
Argued: January 16, 2009
Decided and Filed: March 17, 2009
Before: MERRITT, ROGERS, and WHITE, Circuit Judges.

_________________________
OPINION
_________________________

WHITE, Circuit Judge. Plaintiff Juliet M. Murphy filed this putative class action, alleging that Defendant National City Bank’s practice of charging fees as a condition of cashing official checks violated Michigan’s Uniform Commercial Code (MUCC), M.C.L. 440.3412, 440.3413, and 440.3414. The district court granted Defendant summary judgment on pre-emption grounds, and did not reach the MUCC issue. We affirm the district court’s grant of summary judgment for the reasons the district court set forth in a companion case, i.e., that the MUCC is not violated by a bank charging a nonaccountholder a fee to cash its teller’s check. See NNDJ, Inc. v. Comerica, Inc., 584 F. Supp. 2d 957 (E.D. Mich. 2008).


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ANA CHAVEZ, CECILIA SANTOS, JOSE CALDERON, ERLINDA FRANCO, and DANIEL ALVARADO,
Plaintiffs-Appellees,
v.
NICOLAS CARRANZA,
Defendant-Appellant.


No. 06-6234

Appeal from the United States District Court
for the Western District of Tennessee at Memphis.
No. 03-02932—Jon Phipps McCalla, Chief District Judge.
Argued: October 28, 2008
Decided and Filed: March 17, 2009
Before: SILER and McKEAGUE, Circuit Judges; LUDINGTON, District Judge.

_________________________
OPINION
_________________________

SILER, Circuit Judge. Defendant Nicolas Carranza appeals a jury verdict awarding compensatory and punitive damages to victims of torture, extrajudicial killing, and crimes against humanity in violation of the Alien Tort Statute (ATS), also called the Alien Tort Claims Act (ATCA) and the Torture Victims Protection Act (TVPA). Carranza argues that the district court abused its discretion by (1) holding that extraordinary circumstances justified equitable tolling of the statute of limitations, (2) not granting comity to the Salvadoran Amnesty Law, and (3) making various evidentiary rulings. He also contends that the district court erred in its instruction to the jury on command responsibility. We AFFIRM.