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| Bah v. Gonzales, No. 04-3247-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 6, 2006, Decided
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Overview: IJ abused discretion in denying motion to reopen removal order entered in absentia, as IJ did not provide reasoned analysis as to why evidence other than evidence of prescriptions, such as letter from alien's doctor, failed to prove alien's serious illness on date of removal hearing warranted reopening under 8 U.S.C.S. § 1229a(b)(5)(C)(i), (e)(1).
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| Barrie v. Gonzales, No. 04-1501-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 6, 2006, Decided
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Overview: Petition for review of denial of claims for asylum, withholding of removal, and relief under CAT was denied where IJ and BIA agreed immigrant was incredible regarding when he was detained and how long he was detained by government in Sierra Leone; IJ considered explanations but found that they did not warrant discounting the inconsistencies.
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| Bogdan v. Zimmer, Inc., No. 05-2087,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 6, 2006, Decided
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Overview: Where a patient's claim under the Connecticut Products Liability Act was found to be time-barred under Conn. Gen. Stat. § 52-577a, remand was necessary because the incorrect standard was used; the correct inquiry was when the injury should have been discovered, not when the injury could have been discovered.
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| Chang Zhan Chen v. Gonzales, Docket No. 03-40039-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 6, 2006, Decided
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Overview: An alien's asylum claim was properly denied by the BIA where substantial evidence supported an IJ's adverse credibility determination as to the alien because the IJ identified serious implausibilities in the alien's account of his wife's forced sterilization, and there was no evidence from the alien's wife that her sterilization was in fact forced.
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| Elezi v. United States DOJ, No. 04-1208-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 6, 2006, Decided
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Overview: As the Board of Immigration Appeals' (BIA's) decision was based on an erroneous reading of IJ's decision, the appellate court was deprived of the ability to adequately review the BIA's denial of aliens' application for relief from removal. Therefore, the BIA's order was vacated and the case was remanded so IJ could clarify his credibility findings.
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| Frommert v. Conkright, Docket No. 04-4609-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 6, 2006, Decided
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Overview: Summary judgment in favor of defendants was vacated. ERISA plan did not always contain phantom account; it was not properly added to plan through amendment until 1998; its application to employees rehired prior to 1998 violated ERISA anti-cutback provision by impermissibly reducing benefits; and its adoption in 1998 was made without proper notice.
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| Lin v. Gonzales, No. 04-1427-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 6, 2006, Decided
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Overview: Where an alien's application for asylum and withholding of deportation was denied, remand was necessary under 8 U.S.C.S. § 1252(b)(4)(B) because the IJ made clear errors in the course of finding the alien not credible with respect to serious claims of a forced abortion and an involuntary sterilization of his wife.
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| N.Y. State Law Officers Union v. Andreucci, Docket No. 04-5551-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 6, 2006, Decided
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Overview: A county and its officials were erroneously granted Fed. R. Civ. P. 56(c) summary judgment in an employee's § 1983 First Amendment retaliation suit. There were disputed issues of material fact as to whether revocation of the employee's leave of absence constituted an adverse employment action and whether his speech was constitutionally protected.
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| Tall v. Gonzales, No. 04-2524-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 6, 2006, Decided
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Overview: Petition for review was denied. IJ found alien not credible because of inconsistencies concerning his alleged three imprisonments and his contradictory testimony concerning when he decided to leave Guinea. Although IJ relied on other grounds in making her adverse credibility finding, these two reasons amply supported the finding.
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