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   Federal Courts - 2nd Circuit Court of Appeals - January 19, 2006

  
Barber v. United States Attorney's Office for the N. Dist., No. 05-2038-pr, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 19, 2006, Decided
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Overview: An inmate's complaint against the U.S. Attorney's Office was properly dismissed, pursuant to 28 U.S.C.S. § 1915(e)(2), because the claim that his rights were violated by the broadcasting of football games in prison did not plead a colorable claim of federal question jurisdiction under 28 U.S.C.S. § 1331.

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Black v. Diamond, No. 05-0785-cv, No. 05-1669-cv, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 19, 2006, Decided
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Overview: District court did not abuse its discretion in finding no excusable neglect and denying settlement claimant's motion to treat as timely its belated claims for compensation from a settlement fund in a class action against the auction houses because it offered no reasonable basis for delay and there were other untimely claimants to the discrete fund.

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Chen v. Bd. of Immigration Appeals, No. 03-4834-ag NAC, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 19, 2006, Decided
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Overview: Denial of petitioner's application for asylum and adverse credibility finding was affirmed upon review, 8 U.S.C.S. § 1252(b)(4)(B), where the petitioner provided inconsistent testimony concerning the date of his wife's forced sterilization and failed to demonstrate that a reasonable fact-finder would be compelled to credit his subsequent testimony.

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De Ying Ni v. Bd. of Immigration Appeals, No. 04-0788-ag NAC, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 19, 2006, Decided
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Overview: BIA's decision denying alien's motion to reopen was vacated in part because the BIA abused its discretion when it failed to consider the alien's evidence of changed country conditions, and did not make a determination as to whether the submitted evidence was new and material to the alien's claim, which exempted her from the time limitations.

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Fagan v. AmerisourceBergen Corp., No. 05-1843, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 19, 2006, Decided
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Overview: Court of appeals remanded district court's order dismissing consumer's action against a company that manufactured a drug he took for anemia because it could not be certain that district court considered consumer's claim that manufacturer sold discounted drugs on the gray market and allowed its distributor to pass off gray market drugs as its drug.

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Gen Hwa Chen v. Gonzales, No. 04-3942-ag NAC, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 19, 2006, Decided
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Overview: Alien was ineligible for asylum or withholding of removal where IJ's adverse credibility finding, based on inconsistencies in her testimony, lack of detail in testimony about children, admission that she gave false statements at interviews, and lack of corroborating evidence, was supported by substantial evidence, under 8 U.S.C.S. § 1252(b)(4)(B).

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Heng Hu Zhu v. Gonzales, No. 04-1812-ag NAC, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 19, 2006, Decided
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Overview: Petition for review was denied; adverse credibility determination was supported by substantial evidence. As testimony alone was insufficient, IJ did not err by requiring corroborating evidence. As alien obtained resident identification card and letter from his church after arriving in U.S., he also could have obtained affidavits from eyewitnesses.

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Hyppolite v. Gonzales, No. 04-3937-ag NAC, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 19, 2006, Decided
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Overview: The petition for review was denied. Although adverse creditability finding was minimally and perhaps inappropriately supported by minor inconsistencies, it was reasonably supported by testimony that alien went forward with his plans to vacation in U.S. and that his wife made a vacation trip to the U.S. in March and April 2002 and returned to Haiti.

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Jones v. Artus, No. 04-6332-pr, No. 04-6341-pr, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 19, 2006, Decided
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Lamorey v. Barnhart, No. 05-2957, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 19, 2006, Decided
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Overview: In action concerning application for disability insurance benefits, substantial evidence supported Commissioner of SSA's determination that treating psychologist's disability opinion was not entitled to controlling weight, under 20 C.F.R. § 404.1527(d)(2), because it was inconsistent with other record evidence and was belied by his treatment notes.

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