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| Bajramaj v. Gonzales, 06-5072-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, September 7, 2007, Decided
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Overview: Substantial evidence under 8 U.S.C.S. § 1252(b)(4)(B) supported an adverse credibility finding to deny asylum and withholding of removal for an alien from the former Yugoslavia because the alien did not answer questions directly, and his testimony was inconsistent regarding the number of times he left Kosovo and regarding his party's leadership.
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| Barry v. Gonzales, 06-1806-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, September 7, 2007, Decided
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Overview: Substantial evidence under 8 U.S.C.S. § 1252(b)(4)(B) supported an adverse credibility finding to deny withholding of removal and CAT relief for an alien from Sierra Leone because the alien failed to disclose his prior U.S. residence, and although his claim was based on his political opinion, the alien lacked knowledge of Sierra Leone's politics.
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| Chamberlant v. A & P , 06-3536-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, September 7, 2007, Decided
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Overview: A former employee's Title VII lawsuit against his former employer and an individual was properly dismissed for failure to state a claim because he failed to establish a prima facie case of unlawful discrimination since he was unable to establish any circumstances giving rise to an inference of unlawful discrimination.
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| Folk v. Gonzales, Nos. 02-4499-ag, 03-40729-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, September 7, 2007, Decided
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Overview: Application and testimony of petitioner, a citizen of Serbia-Montenegro, were inconsistent in several ways and that inconsistent testimony was not minor and isolated, but instead went to the heart of her claims; most notable inconsistencies in petitioner's testimony related to the abuse she allegedly suffered in 1989 at the hands of local police.
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| Francarl Realty Corp. v. Town of E. Hampton, No. 06-4737-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, September 7, 2007, Decided
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Overview: Issues raised by plaintiffs' appeal were directly governed by Second Circuit's decision in Town of Southold which held that Local Law No. 40 of 1997 of the Town of East Hampton did not infringe on the fundamental right to travel in violation of the Equal Protection Clause. As in Town of Southold, instant appeal was remanded for further discovery.
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| Karaha Bodas Co., L.L.C. v. Perusahaan Pertambangan Minyak Dan Gas Bumi Negara, Docket No. 07-0065-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, September 7, 2007, Decided
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Overview: China Trade test applied to injunction against pursuing foreign litigation; inter alia, parties were same in both proceedings, resolution of case before enjoining court was dispositive of action to be enjoined, and injunction was necessary, as Cayman Islands action threatened to undermine federal judgments confirming and enforcing arbitral award.
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| Sai Hua Liu v. Gonzales, 06-5508-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, September 7, 2007, Decided
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Overview: Substantial evidence under 8 U.S.C.S. § 1252(b)(4)(B) supported an adverse credibility finding to deny asylum and withholding of removal for Chinese aliens, a husband and wife, because the wife falsely stated in her application that her husband was forcibly sterilized, and she submitted a fraudulent document certifying this purported sterilization.
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| United States v. Campbell, No. 05-5146-cr (L), 05-5516-cr (Con),
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, September 7, 2007, Decided
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Overview: The potential challenges that defendant would face in prison due to his physical condition were insufficient to establish that his sentence was substantively unreasonable, nor was there any evidence that suggested his condition was not one that could be adequately addressed by the Bureau of Prisons.
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| United States v. Douleh, No. 06-0161-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, September 7, 2007, Decided
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Overview: Defendant's sentence was affirmed as it was reasonable because, under USSG § 2B1.1 application n. 3(F)(ii), the amount of loss attributable to defendant's fraud was appropriately calculated by a district court as the amount received by defendant from the USDA less the value of any legitimate food stamp transactions he engaged in with beneficiaries.
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