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| Borovikova v. United States DOJ, Docket No. 02-4891,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 18, 2006, Decided
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Overview: The BIA's affirmance of an IJ's denial of an alien's request for asylum and withholding of removal was supported by substantial evidence pursuant to 8 U.S.C.S. § 1252(b)(4)(B) where the alien failed to prove that she was a refugee with a well-founded fear of religious persecution pursuant to 8 U.S.C.S. §§ 1101(a)(42) and 1158(b)(B).
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| Cekic v. INS, Docket Nos. 03-4270(L), 03-4271(CON),
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 18, 2006, Decided
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Overview: Where court agreed that applicants' counsel's conduct was violative of applicants' constitutional right to due process when counsel informed applicants that they did not need to appear at their motion to show cause why they should not be removed, applicants failed to show they exercised due diligence for period of two years in pursuing their case.
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| Guang Yan Lin v. INS, No. 02-4458-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 18, 2006, Decided
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Overview: Where the evidence clearly established that an alien assisted in forced sterilizations, substantial evidence supported an IJ's holding that the alien was statutorily barred from eligibility for asylum and withholding of deportation.
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| Joaquin-Porras v. Gonzales, Docket No. 03-4202,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 18, 2006, Decided
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Overview: An alien, a native and citizen of Costa Rica, was not entitled to a petition for review. His asylum application was untimely as the one-year deadline of 8 U.S.C.S. § 1158(a)(2)(B) was measured from his initial entry into the U.S., rather than his reentry after trips abroad, and he failed to show eligibility for withholding of removal or CAT relief.
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| Jorge-Tzoc v. Gonzales, Docket No: 04-1738-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 18, 2006, Decided
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Overview: Immigration judge's determination that the alien had not established past persecution was vacated and remanded to the IJ for her to consider a first-hand report from the Commission for Historical Clarification, as well as other reports that the Guatemalan army had carried out massacres in the alien's region during 1982.
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| Juan Li v. United States DOJ , No. 04-3673-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 18, 2006, Decided
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Overview: Alien's petition for review of the denial of her asylum application was denied because the IJ's adverse credibility determination was supported by substantial evidence; the initial airport interview did not support the alien's claim, and letters from the alien's friends and family harmed her credibility because they all utilized the same language.
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| Kovalyk v. Gonzales, Nos.02-4361-ag (L), 02-4363-ag (Con) NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 18, 2006, Decided
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Overview: Petition for review was denied. Assuming arguendo that aliens' encounters with communists and KGB amounted to past persecution such that presumption of future persecution arose, any such presumption was rebutted as there were considerable changes in conditions in Ukraine since aliens' departure and aliens successfully relocated within Ukraine.
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| Liu v. United States AG, No. 04-0965-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 18, 2006, Decided
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| Mei Chen v. Gonzales, No. 04-3512-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 18, 2006, Decided
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Overview: Denial of asylum was vacated for lack of substantial evidence because the IJ's adverse credibility finding was based on the erroneous conclusion that the application was inconsistent in that it was less detailed than the alien's hearing testimony and on the bald speculation that the alien could have hidden at home with less risk of discovery.
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