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| Obuhovs v. United States Dep't of Homeland Sec., No. 04-0829-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 aliens' applications for asylum was remanded where the BIA neglected to acknowledge one alien's claims that, in addition to his alleged physical abuse during a demonstration, he had suffered physical abuse by the Latvian police and military on two subsequent occasions, and, thus, feared persecution in the future.
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| Perovic v. United States AG, Nos. 04-3435-ag (L), 04-3436 (CON) NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 10, 2006, Decided
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Overview: Ethnic Albanians' petition for review of a BIA decision was granted; the IJ failed to properly consider and analyze under Islami v. Gonzales, one of the petitioner's claim for well-founded fear of persecution that he would be killed in Montenegro as a consequence of his draft evasion.
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| Rui Xia Zheng v. Gonzales, No. 04-1413-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 10, 2006, Decided
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Overview: An order denying asylum under 8 U.S.C.S. §§ 1158(a) was remanded because an IJ failed to identify particular corroborating evidence that was lacking or articulate how such evidence would have been reasonably available to an alien, and the IJ relied on State Department reports without considering contrary evidence in the record.
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| Xiao Feng Chen v. Gonzales, No. 04-1277-ag 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 testimony that his arrest was valid since he did not have a book-selling permit indicated that his detention and abuse were not on account of a political opinion, and there was no indication that the alien was still wanted by the authorities in China.
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| Zaoutashuili v. United States DOJ, No. 04-0269-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 remanded because an IJ failed to make an explicit credibility determination, and failed to explain why it was reasonable to expect an alien to produce documents to corroborate her Jewish identity and why her excuses for the missing documents were insufficient.
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