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| Min Xin Cheng v. Bd. of Immigration Appeals, No. 04-4078-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 his asylum application was granted because, given the error in translation that occurred with respect to a document, the IJ's reliance on the inconsistent language used by the alien and his wife was not sufficiently convincing or logical to support the adverse credibility finding.
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| Morris v. Local 804, Int'l Bhd. of Teamsters, 05-0358-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 18, 2006, Decided
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Overview: A district court properly denied an employee's motion to remand his case to state court because his claims that a union's agreement with his employer to submit his wrongful discharge claim to arbitration constituted fraud required an analysis of the CBA and, thus, arose under federal law, pursuant to § 301(a) of the LMRA.
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| United States v. Dae Whan Kim, Docket No. 05-1605-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 18, 2006, Decided
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Overview: Where the evidence showed that defendant had guided aliens over the Canadian border, told them to stay quiet and follow him, and left them at a van on the United States side of the border to only walk back into Canada, court rejected defendant's challenge of his conviction for violating 8 U.S.C.S. § 1324(a)(2)(B)(ii).
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| Weeks Marine, Inc. v. Briskie, No. 04-5426,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 18, 2006, Decided
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Overview: Employer's petition for review of a decision of the Benefits Review Board was denied on the merits because the Board properly referred to the definition of disabled employee as construed by the Director of the Office of Workers' Compensation and the Board did not err when it considered the merits of the employee's challenge to the forfeiture order.
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| Xi Li v. United States DOJ, No. 05-0186-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 18, 2006, Decided
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Overview: An adverse credibility finding was not supported by substantial evidence because an IJ engaged in speculation as to how an alien's parents-in-law reacted to his out-of-wedlock cohabitation and why his wife's doctors did not give her an IUD and based the finding on perceived inconsistencies that did not go to the heart of the asylum claim.
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| Xia v. INS, No. 02-4736-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 18, 2006, Decided
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Overview: Petition for review was granted, BIA's order was vacated, and the case was remanded. Because IJ relied on some valid factors in making adverse credibility finding, but also relied in part on a misstatement of the record and failed to consider some relevant evidence, the factors cited could not constitute substantial evidence supporting finding.
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| Xing Guo Wang v. Gonzales, No. 04-0800-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 18, 2006, Decided
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Overview: A petition for review of the denial of asylum was denied because inconsistencies in petitioner's testimony constituted substantial evidence supporting an adverse credibility finding, and petitioner identified no reliable, specific objective supporting evidence that he faced persecution on his return to China.
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| Zhong He Chen v. Bd. of Immigration Appeals, No. 04-3916-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 18, 2006, Decided
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Overview: BIA properly denied a motion to reopen removal proceedings. Whether deemed a motion to reopen or a motion for reconsideration, the motion failed; the alien offered only new legal argument, not new facts or documentation of a change in the law, and as a motion for reconsideration, the motion was untimely.
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