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| Ivanishvili v. United States DOJ, Docket No. 03-4166,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 5, 2006, Decided
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Overview: BIA's summary affirmance of IJ's denial of alien's application for withholding of removal was vacated and remanded. IJ's denial of withholding of removal was based on reasoning that was insufficient to permit meaningful review of decision as IJ failed both to support its findings with adequate record evidence and to apply correctly relevant law.
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| Macia v. Microsoft Corp., No. 04-5582-cv, No. 04-5792-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 5, 2006, Decided
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Overview: Findings of fact pursuant to Fed. R. Civ. P. 52(c) were affirmed because there was no error in findings that a corporation did not infringe a trademark since the corporation was entitled to use its senior mark in combination with a descriptive phrase indicating the operating system with which its software was compatible.
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| Mastrovincenzo v. City of New York, Docket No. 04-2264-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 5, 2006, Decided
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Overview: City's licensing regulations which prohibited the selling of non-food goods and services on city sidewalks without a license, as applied, did not violate graffiti art vendors' First Amendment rights because the requirement was a content-neutral restriction, narrowly tailored to serve the purpose of keeping the public streets free of congestion.
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| United States v. Sheikh, Docket No. 05-1747-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 5, 2006, Decided
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Overview: Since the facts found by the trial court did not trigger a mandatory minimum sentence not authorized by the jury verdict or increase the sentence beyond the statutory maximum authorized by the verdict, the trial court did not violate defendant's Fifth or Sixth Amendment rights by imposing a sentence based on facts not alleged in the indictment.
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| United States v. Sheikh, No. 05-1747-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 5, 2006, Decided
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Overview: Defendant's sentence was affirmed where his argument, that a district court violated the Sixth Amendment when it calculated an advisory U.S. Sentencing Guidelines sentence with enhancements based on facts not admitted by defendant or found by a jury, was foreclosed by circuit court precedent.
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| Zhang Jian Xie v. INS, Docket No. 03-4196,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 5, 2006, Decided
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Overview: BIA was not in error when it concluded that the alien's own acts in transporting captive women to undergo forced abortions, even with the alien's redemptive aspects, amounted to "assistance in persecution" under 8 U.S.C.S. § 1101(a)(42), and that he was therefore ineligible for asylum under 8 U.S.C.S. § 1158.
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