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| Baci v. Gonzales, Nos. 03-41158-ag (L), 03-41162 (con), 03-41164 (con) NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 10, 2006, Decided
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Overview: A petition for review of the denial of asylum was denied because an alien's loss of his job, standing alone, did not constitute past persecution, and the alien did not allege that the Albanian government fired him on account of any protected ground.
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| Guo Hua Zhang v. Bd. of Immigration Appeals, No. 04-3707-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 10, 2006, Decided
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Overview: Petition for review from a BIA decision denying claims of asylum and withholding of removal was granted; the IJ's adverse credibility and insufficient evidence findings were based on flawed reasoning.
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| Heerwagen v. Clear Channel Communs., Docket No. 04-0699-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 10, 2006, Decided
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Overview: Purchaser of rock concert tickets was properly denied class certification in a Sherman Act, 15 U.S.C.S. § 2, suit against a concert promoter. As the relevant geographic market was local, the purchaser could not satisfy the predominance requirement of Fed. R. Civ. P. 23(b)(3) since individualized questions as to each geographic market predominated.
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| Jing Xin Lin v. Gonzales, No. 04-0017-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 10, 2006, Decided
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| Kopani v. Gonzales, Nos. 04-0675-ag (L), 04-0676-ag (Con) NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 10, 2006, Decided
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Overview: IJ's adverse credibility finding and denial of asylum were supported by substantial evidence because they were based on specific examples of one alien's inherently improbable testimony about a police report dated a year after the incident and both aliens' conflicting testimony about dates and details of specific acts of persecution.
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| Lugosch v. Pyramid Co., Docket No. 05-3620-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 10, 2006, Decided
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Overview: District court's abeyance ruling on intervenors' First Amendment request for sealed court documents was vacated and remanded because the ruling was effectively a denial of any right to contemporaneous access in which the district court erred by not making specific, on-the-record findings and by failing to act expeditiously.
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| Min Xia Zheng v. Dep't of Homeland Sec., 04-3031-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 10, 2006, Decided
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Overview: An alien's petition for review was denied because she was found not credible; she failed to mention in her credible fear interview that the Chinese family planning authorities threatened to sterilize her and this failure so overwhelmingly undermined her credibility that there was no possibility of a different result if the case were remanded.
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| Muja v. Gonzales, No. 04-3712-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 10, 2006, Decided
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Overview: The denial of asylum was affirmed because an immigration judge's factual and credibility determinations were substantially supported by the record where the credibility determination was based on specific examples in the record of the alien's inconsistent and contradictory testimony.
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| Nikoloski v. United States Citizenship & Immigration Servs., No. 04-0037-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 10, 2006, Decided
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Overview: The BIA's denial of asylum was supported by substantial evidence that a police beating and four brief interrogations did not amount to past political persecution and that the alien's testimony about telephone threats and the existing country conditions did not establish a subjectively and objectively genuine fear of future persecution.
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