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| Agudelo v. Gonzales, 06-0510-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, August 28, 2007, Decided
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Overview: IJ's finding that an alien was not persecuted was supported by substantial evidence under 8 U.S.C.S. § 1252(b)(4)(B) because the alien stayed in Columbia for two years without consequence after refusing to pay money to a paramilitary group and no evidence indicated that the alien's refusal to cooperate was perceived as having a political dimension.
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| Chuan Fu Lin v. Bd. of Immigration Appeals, No. 06-4916-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, August 28, 2007, Decided
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Overview: Action denying alien's motion to remand and affirming IJ's denial of alien's motion to reopen his exclusion proceedings was remanded to BIA for it to consider if alien met his burden to show changed country conditions, under 8 U.S.C.S. § 1158(a)(2)(D), as BIA's decision was based only on the fact that alien had not proven that he had two children.
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| Hui Yun Ou v. Gonzales, 07-1515-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, August 28, 2007, Decided
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Overview: Substantial evidence under 8 U.S.C.S. § 1252(b)(4)(B) supported an adverse credibility finding to deny asylum and other relief for a Chinese alien because there were significant discrepancies between her testimony and credible fear interview as to the number of times officials beat her and the extent of the injuries she sustained from the beatings.
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| Jiang Hua Jiang v. Gonzales, 06-5345-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, August 28, 2007, Decided
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Overview: Substantial evidence under 8 U.S.C.S. § 1252(b)(4)(B) supported an adverse credibility finding underlying the denial of withholding of removal and CAT relief for a Chinese alien because the alien's testimony was vague, inconsistent, and implausible, particularly with respect to whether he was terminated before or after his wife's abortion.
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| Marsh v. Rosenbloom, 05-0514-cv (Lead), -0702-cv (XAP), -0706-cv (XAP), -0708-cv (XAP),
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, August 28, 2007, Decided
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| Qiao Yi You v. Gonzales, 07-0799-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, August 28, 2007, Decided
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Overview: An IJ's adverse credibility finding was supported by substantial evidence under 8 U.S.C.S. § 1252(b)(4)(B) because it was implausible that an alien was not aware of her betrothal to the son of her father's creditor and the alien's testimony omitted incidents that prompted the alien's father to agree to the timing of the alleged arranged marriage.
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| Singh v. Gonzales, 06-5382-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, August 28, 2007, Decided
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Overview: Indian alien was denied a petition for review of the denial of a motion to reopen removal proceedings because he filed the motion more than four years after the 8 C.F.R. § 1003.2(c)(2) filing deadline, and he failed to show that he was entitled to equitable tolling from ineffective assistance since he did not show that he acted with due diligence.
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| Xiang Yin Chen v. Gonzales, 06-2954-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, August 28, 2007, Decided
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Overview: IJ's conclusion that alien was not eligible for CAT relief was supported by substantial evidence because alien's testimony that a friend who had left China illegally had been detained upon his return and country reports indicating that some Chinese prisoners were tortured did not compel conclusion that alien would be tortured upon return to China.
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| Yuan Lin Zhu v. Gonzales, 07-1417-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, August 28, 2007, Decided
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Overview: Substantial evidence under 8 U.S.C.S. § 1252(b)(4)(B) supported an adverse credibility finding to deny asylum and other relief for a Chinese alien since his airport interview statements that he came to the U.S. to get a job, that he had never been arrested, and that family planning officials destroyed his home were inconsistent with his testimony.
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