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| Badian v. Elliott, No. 05-3770,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 23, 2006, Decided
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Overview: Default judgment under Fed. R. Civ. P. 55(b)(2) and denial of a motion to vacate under Fed. R. Civ. P. 60(b)(1) were affirmed as diversity jurisdiction existed because of the principal place of business of to two corporations, a former employee's allegations were sufficient to pierce the corporate veil, and no meritorious defense was presented.
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| Gojcevic v. INS, No. 04-4320-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 23, 2006, Decided
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Overview: An alien's motion for a stay of removal in his petition for review was denied because substantial evidence supported the IJ's determination that the alien failed to establish his eligibility for asylum, withholding of removal, or CAT relief.
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| Gou Liang Wan v. Bd. of Immigration Appeals, No. 04-2321-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 23, 2006, Decided
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Overview: A petition for review of the denial of asylum was denied because, although the agency erroneously assumed that an alien needed to present a credible claim of persecution based on his personal practice of Falun Gong, the error was harmless since contradictions concerning his father's birth date overwhelmingly undermined the alien's credibility.
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| Guo Xing Wang v. United States AG, No. 04-1392-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 23, 2006, Decided
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Overview: A petition for review of the denial of asylum under 8 U.S.C.S. § 1158(a) was denied because an immigration judge properly characterized an alien's testimony as implausible and incoherent, particularly as it related to his failure to register his marriage and his failure to obtain any confirming or corroborating statement from his wife.
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| Hui Ying Lin v. United States DOJ, No. 04-4415-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 23, 2006, Decided
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Overview: A petition for review of the denial of asylum was denied because an IJ's finding that an alien's testimony was inconsistent with reports offered into evidence was supported by the record, and the reliance on the alien's inconsistent statements about how her forced abortion by miscarriage was brought on was a specific, cogent reason.
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| Ke Jin Chen v. Gonzales, No. 04-2528-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 23, 2006, Decided
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Overview: Petition for review was denied where all appealable issues were essentially waived because, even assuming court had jurisdiction to review IJ's finding that asylum application was time-barred, 8 U.S.C.S. § 1252(a)(2)(D), alien did not challenge one-year bar finding before court, and alien's brief did not challenge IJ's denial of his other claims.
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| Laci v. Gonzales, No. 04-4364-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 23, 2006, Decided
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Overview: Alien failed to prove entitlement to asylum where IJ's adverse credibility findings, relating principally to inconsistencies between alien's airport statement and his hearing testimony, as well as a report indicating that a hospital report that alien submitted was fraudulent, were supported by substantial evidence, under 8 U.S.C.S. § 1252(b)(4)(B).
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| Pena-Bustamante v. Gonzales, 04-3262-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 23, 2006, Decided
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Overview: Remand was required for reconsideration of asylum petitioner's claim that he was persecuted on the basis of an imputed political opinion because the BIA and IJ failed to consider evidence that the petitioner's past persecution by paramilitary groups that tried to enlist him was motivated, at least in part, by imputed political opinion.
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| Qiu Gao v. United States DOJ, No. 04-5011-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 23, 2006, Decided
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Overview: Alien's petition for review of denial of asylum was denied where IJ's credibility determination was supported by substantial evidence, under 8 U.S.C.S. § 1252(b)(4)(B), because alien's testimony and asylum application did not consistently describe the chronology of events underlying claim, and seemingly crucial events were omitted from application.
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| Tsung Lin v. Bureau of Citizenship & Immigration Servs., No. 04-3179-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 23, 2006, Decided
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Overview: Alien's petition for review of decision denying his motion to reopen was denied where BIA did not abuse its discretion when it determined that changed circumstances exception to only filing one motion under 8 C.F.R. § 1003.2(c)(2) did not apply, and court lacked jurisdiction to review BIA decision regarding use of sua sponte authority to reopen.
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