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| Martini v. Gonzales, No. 04-2741-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 19, 2006, Decided
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Overview: A petition for review of the denial of asylum was denied because a claim that an alien had been arrested once, detained for three days, and beaten was not sufficiently extreme to constitute past persecution, and his claim that he would have suffered future persecution if he returned to Albania was not supported by State Department reports.
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| Messiah v. Duncan, Docket No. 04-5311-pr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 19, 2006, Decided
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Overview: District court properly denied inmate's habeas corpus petition, under 28 U.S.C.S. § 2254, where trial court rendered an adequate ruling on inmate's Batson challenge to striking of first panelist because it accepted the strike after listening to relevant arguments, and its rulings on each of inmate's three Batson challenges were supported by record.
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| Messiah v. Duncan, Docket No. 04-5311-pr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 19, 2006, Decided
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Overview: Habeas corpus relief was denied under 28 U.S.C.S. § 2254(d) where the state trial court was not required to make particularized findings in order to render a proper Batson ruling because the state court expressed a clear intention to uphold the peremptory strikes, which included a black jury panelist, and were otherwise supported in the record.
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| Min Sui Chen v. Gonzales, No. 04-2514-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 19, 2006, Decided
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Overview: Denial of petitioner's asylum request was affirmed on review, 8 U.S.C.S. § 1252, because she could not demonstrate eligibility for asylum where her claim that she hoped to have more than one child and feared persecution if she were returned to China, was speculative and failed to meet the standard for a well-founded fear of persecution.
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| Quing Yue Zheng v. Gonzales, No. 04-0577-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 19, 2006, Decided
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Overview: Alien's petition for review was denied. IJ's adverse credibility finding was supported by substantial evidence in form of inconsistencies, implausibilities, omissions, and lack of corroborating evidence. IJ and BIA correctly concluded that alien failed to establish that he suffered past persecution or had well-founded fear of future persecution.
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| Ramirez v. N.Y. City Health & Hosps., Corp., No. 05-0906-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 19, 2006, Decided
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Overview: Discrimination claims lacked sufficient evidence, as employee's conclusory assertions of discrimination and hearsay proffers were insufficient to show employer's proffered legitimate reasons for its actions were pretextual. Employee failed to adduce admissible evidence of causal connection between protected activity and alleged retaliatory acts.
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| Sockalingam v. Gonzales, No. 04-0400-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 19, 2006, Decided
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Overview: Denial of asylum petition was vacated on review, 8 U.S.C.S. § 1252, because the BIA erred in finding that the significance of the discrepancies in the petitioner's asylum testimony were magnified by the fact that this was his third time to apply for asylum and gave no other support for its increased scrutiny of the petitioner's application.
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| United States v. Ford, Docket No. 03-1774,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 19, 2006, Decided
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Overview: Defendant's bribery conviction under 18 U.S.C.S. § 666(a)(1)(B) was vacated on finding that the government was required to prove beyond a reasonable doubt that she accepted services "intending to be influenced" in her official duties and the jury instructions did not clearly communicate this specific intent element.
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| Xhellima v. Gonzales, Nos.04-2249-ag (L), 04-2250-ag (CON) NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 19, 2006, Decided
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Overview: Alien's petition for review of the denial of his asylum application was denied because IJ's adverse credibility finding was supported by substantial evidence, including inconsistencies between the alien's testimony and his application with respect to key details such as where and when he was arrested for his involvement in a protest.
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