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| Ucaj v. Bureau of Citizenship & Immigration Servs., No. 04-2878-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 6, 2006, Decided
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Overview: Substantial evidence supported denial of asylum based on adverse credibility finding where there were inconsistencies in alien's testimony and documents submitted in support of claim that went to heart of claim, including participation in political demonstrations and punishments received due to his and his father's participation in demonstrations.
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| United States v. Stewart, Docket Nos. 04-3953(L)-cr, 04-4081(Con)-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 6, 2006, Decided
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Overview: Conviction of celebrity investor and her broker on obstruction related charges was affirmed where the trial court did not err in denying a new trial based on a posttrial revelation that a juror failed to make certain disclosures in his jury questionnaire because the nondisclosures did not conceal probable bias or prejudice.
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| Xiao Ji Chen v. United States DOJ, Docket No. 02-4631,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 6, 2006, Decided
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Overview: Where an IJ denied an untimely asylum application based on its finding that an alien failed to establish changed circumstances under 8 U.S.C.S. § 1158(a)(2)(D), the court lacked jurisdiction under 8 U.S.C.S. § 1252(a)(2)(D) to review the denial of the asylum application because the alien did not raise a constitutional claim or a question of law.
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| Ying Guan Chen v. Gonzales, No. 04-2559-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 6, 2006, Decided
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Overview: Where an alien was denied asylum and withholding of removal, the "adverse credibility finding" based on inconsistencies in the alien's testimony was proper because the IJ and BIA gave specific and cogent reasons for their determination and the examples of inconsistent statements cited by the BIA were material to the claim.
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| Yun Xin Huang v. Gonzales, No. 04-0330-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 6, 2006, Decided
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Overview: The petition for review was denied. Given sheer number of inconsistencies on the record, which both IJ and BIA emphasized, adverse credibility determination was upheld. The alien's claim that he would more likely than not be tortured in China rested solely on his claims of forced abortion and/or sterilization, which IJ properly found incredible.
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| Zheng v. Gonzales, No. 04-3371-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 6, 2006, Decided
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Overview: Substantial evidence supported the denial of an alien's asylum application based on an adverse credibility finding where alien submitted altered photograph purporting to show him, his wife, and his four children. The photograph went to heart of claim, as he sought asylum for sterilization he claimed was forced upon him because he had four children.
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