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   Federal Courts - 2nd Circuit Court of Appeals - September 10 - September 11, 2007

  
Iwanczuk v. Gonzales, 06-0915-ag NAC, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, September 10, 2007, Decided
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Jian Hua Xia v. Gonzales, 06-2128-ag NAC, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, September 10, 2007, Decided
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Kola v. Gonzales, 06-4663-ag NAC, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, September 10, 2007, Decided
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Cordes & Co. Fin. Servs. v. A.G. Edwards & Sons, Inc., Docket No. 06-2143-cv, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, September 11, 2007, Decided
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Eli Lilly do Brasil, Ltda v. Fed. Express Corp., Docket No. 06-0530-cv, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, September 11, 2007, Decided
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Overview: In a shipper's suit for recovery of a stolen shipment, summary judgment in favor of a carrier based on application of U.S. law was upheld because the U.S. had a more significant relationship with the parties and the contract than did Brazil, particularly as U.S. law presumed the enforceability of the contract and upheld the parties' expectations.

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Foreman v. United States, No. 05-6800-cv, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, September 11, 2007, Decided
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Overview: Defendant was properly denied 28 U.S.C.S. § 1651 coram nobis relief based on ineffective assistance because his counsel properly advised him to withdraw fabricated allegations, properly investigated his case, and properly advised him of the consequences of his plea, and there was no evidence to justify a six year delay in seeking this relief.

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Maiwand v. Gonzales, Docket No. 05-6055-ag, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, September 11, 2007, Decided
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Overview: An appellate court lacked jurisdiction under 8 U.S.C.S. § 1252(a)(2) to review the BIA's denial of CAT relief and waiver of inadmissibility under former 8 U.S.C.S. § 1182(c) (repealed) for an Afghani alien, and although the alien entered the U.S. as a refugee, the BIA was not required to cancel his refugee status before ordering his removal.

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Pierre v. Gonzales, Docket No. 05-3260-ag, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, September 11, 2007, Decided
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Overview: Haitian alien was denied CAT relief because he failed to show that the substandard prison conditions in Haiti, that he would be subjected to upon deportation, amounted to a specific intent to inflict pain and suffering, as required by 8 C.F.R. § 208.18(a)(5), or that he was likely to be subjected to torture due to his particular medical condition.

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Ping Chen v. United States AG, Docket No. 06-3594-ag, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, September 11, 2007, Decided
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Overview: A Chinese alien was not entitled to a petition for review challenging the denial of her motion to reissue a decision of the BIA, which upheld an IJ's denial of her asylum claim and ordered her removed, because there was substantial evidence supporting the BIA's finding that the BIA's order was correctly mailed to the alien's address of record.

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Zhi Da v. Bd. of Immigration Appeals, No. 06-3072-ag, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, September 11, 2007, Decided
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