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| Grosshandels-Und Lagerei-Berufsgenossenschaft v. World Trade Ctr. Props., Docket Nos. 05-0182-cv(L), 05-0184-cv(CON),
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 11, 2006, Decided
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Overview: An airline, a building owner, and others were properly granted Fed. R. Civ. P. 56 summary judgment in German underwriters' suit to recover amounts paid to beneficiaries of insureds who died in the 9/11 terrorist attacks. The decedents did not have any wrongful death claims to transfer, and the underwriters were unable to maintain negligence suits.
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| Jin Yu Shao v. United States DOJ, No. 03-4750,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 11, 2006, Decided
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Overview: Where BIA did not explain why an alien failed to establish he would more likely than not be persecuted upon return to China given his evidence that he had two children and was notified by authorities he was required to submit to sterilization operation, the matter had to be remanded to BIA because the court could not review basis for BIA's holding.
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| Mitskovski v. Buffalo & Fort Erie Pub. Bridge Auth., Docket No. 04-5878-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 11, 2006, Decided
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Overview: Lawsuit by city residents seeking to enjoin a bridge authority from making certain improvements on both sides of an international border was erroneously remanded to state court because the district court's federal question jurisdiction was properly invoked over the acts of the bridge authority, which was formed pursuant to an international compact.
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| Ross v. Spitzer, No. 04-3411,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 11, 2006, Decided
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Overview: Court, on appeal from the dismissal of a habeas petition, would not invoke the doctrine of equitable tolling because an inmate made no attempt to obtain a trial transcript during the year that constituted the limitations period under 28 U.S.C.S. § 2244(d)(1) or for more than three years after and, thus, failed to act with reasonable diligence.
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| Suzhu Zhao v. Ashcroft, No. 04-2770-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 11, 2006, Decided
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Overview: Because it was not unreasonable for the IJ to conclude that the citizen, who lived with her husband, would have known about his asylum application, it was not unreasonable for the IJ to conclude that the citizen was not credible. For this and other reasons, the citizen's petition for review of the BIA's decision was denied.
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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 11, 2006, Errata Filed
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Overview: IJ's decision to deny an alien's application for withholding of removal under 8 U.S.C.S. § 1231 was supported by substantial evidence because petitioner's testimony that she was forced to undergo an abortion in October 1997 was contradicted by her medical records.
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| Xiao Jun Zhou v. United States DOJ, No. 03-4829,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 11, 2006, Decided
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Overview: Petitioner alien's actions while serving in a military hospital, in which the alien suffocated a newborn baby (despite having been committed on orders from his superiors and despite the alien's abandonment of the murder) constituted "participation in persecution," barring the alien from obtaining asylum or withholding of removal.
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