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   Federal Courts - 2nd Circuit Court of Appeals - May 29 - August 22, 2007

  
Buntin v. City of New York, No. 05-6341-cv, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, May 29, 2007, Decided 
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Jowers v. Lakeside Family & Children's Servs., No. 06-3234-cv, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, May 29, 2007, Decided 
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Mirza v. Gonzales, No. 05-2800-ag, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, May 30, 2007, Decided 
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United States v. Rodin, No. 04-4896-cr, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, May 30, 2007, Decided 
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Gonzalez v. Airborne Express, Inc., No. 06-0991-cv, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, June 4, 2007, Decided 
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Ai Lian Huang v. Gonzales, 06-0273-ag NAC, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, August 22, 2007, Decided
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Overview: A Chinese alien was not entitled to a petition for review of the denial of her motion to reopen removal proceedings because the alien's motion was untimely under 8 C.F.R. § 1003.2(c)(3)(ii), and she failed to offer any explanation as to why her motion was filed three years outside the deadline or argue that the deadline should be equitably tolled.

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Bi Zhen Lin v. Gonzales, 05-5973-ag NAC, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, August 22, 2007, Decided
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Overview: Chinese alien was denied a petition for review of the denial of her motion to reopen because her motion was not timely filed under 8 C.F.R. § 1003.2(c)(2), and she only submitted evidence of changed personal circumstances, rather than evidence of changed country conditions, which was insufficient to qualify for an exception to the filing deadline.

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Mao Gen Lin v. United States DOJ, 06-3355-ag NAC, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, August 22, 2007, Decided
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Overview: BIA properly denied Chinese alien's second motion to reopen because alien failed to demonstrate changed country conditions arising in country of nationality under 8 U.S.C.S. § 1229a(c)(7)(C)(ii), 8 C.F.R. § 1003.2(c)(3)(ii) as he only made generalized statements about how Chinese government was still persecuting Falun Gong practitioners.

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Zhi Qun Chen v. Gonzales, 05-5979-ag NAC, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, August 22, 2007, Decided
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Overview: Substantial evidence under 8 U.S.C.S. § 1252(b)(4)(B) supported an adverse credibility determination in the denial of asylum for a Chinese alien because the alien's testimony before the IJ as to the date of his alleged capture by security guards and the search of his residence by a village committee was inconsistent with his asylum application.

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