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| Allaire Corp. v. Okumus, Docket No. 04-2149-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 4, 2006, Decided
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Overview: Corporation's suit was properly dismissed under Fed. R. Civ. P. 12(b)(6) for failure to state a claim because the expiration of call options did not constitute a purchase for purposes of insider liability for short-swing trades under § 16(b) of the Securities Exchange Act of 1934, 15 U.S.C.S. § 78p(b), and S.E.C. Rule 16b-6.
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| Biba v. Gonzales, No. 04-1338-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 4, 2006, Decided
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Overview: Petition for review of denial of applications for asylum, withholding of removal, and relief under CAT was denied, as substantial evidence supported IJ's adverse credibility determination, failure to establish eligibility for asylum meant failure to meet burden for withholding of removal, and failure to exhaust remedies before BIA doomed CAT claim.
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| Gegaj v. Gonzales, No. 04-1135-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 4, 2006, Decided
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Overview: Where an alien, an Albanian citizen seeking asylum, gave little detail about how he participated in the Democratic Party other than to help with elections and make propaganda, and provided specific details about the attack only when asked leading questions on redirect, the IJ's denial of asylum was supported by substantial evidence.
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| Jin Long Lin v. Gonzales, No. 03-4722-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 4, 2006, Decided
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| Jing Hui Jiang v. Gonzales, No. 04-6546-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 4, 2006, Decided
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Overview: BIA did not abuse its discretion when it denied alien's motion to reopen and reconsider order that affirmed IJ's denial of alien's application for asylum because BIA summarily affirmed IJ's order of removal on December 4, 2003, and alien did not file motion to reopen within 90 days of BIA's summary affirmance as required by 8 C.F.R. § 1003.2(c)(2).
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| Kashmir Kaur Nagra v. Bd. of Immigration Appeals, No. 03-4725-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 4, 2006, Decided
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Overview: Immigration judge's denial of alien's request for asylum and withholding of removal was vacated because the erroneous aspects of his reasoning were not tangential to his credibility findings, and evidence supporting those findings was not so overwhelming as to make remand futile, as it was possible that a different outcome would result on remand.
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| Kordha v. Gonzales, No. 04-5499-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 4, 2006, Decided
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Overview: Petition for review was denied. IJ found alien not credible because, unlike his testimony, his initial asylum application did not mention three alleged incidents where he was threatened based on his activities with Bali Kombetar Party and his brother testified that alien was arrested during February 2001 incident, while alien testified he was not.
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| Tia Zi Chen v. Gonzales, No. 04-1077-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 4, 2006, Decided
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Overview: Petition for review was granted and case was remanded for further proceedings. IJ found alien's testimony incredible, but, with exception of one reason, IJ's reasons did not speak to alien's credibility and therefore did not bear legitimate nexus to adverse credibility finding. As to remaining issue, IJ did not explain why alien was inconsistent.
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| Yi Mei Lin v. Gonzales, No. 04-1213-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 4, 2006, Decided
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Overview: As an immigration judge, in denying alien's request for asylum based on her lack of credibility, relied on speculation, failed to consider all of the significant evidence, and used erroneous reasoning that was not tangential to the findings made, the appellate court remanded the case for factual findings by the Board of Immigration Appeals.
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