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| Alliance for Envtl. Renewal, Inc. v. Pyramid Crossgates Co., Docket No. 04-3000-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 24, 2006, Decided
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Overview: A district court erred when it dismissed a case brought under the Clean Water Act, 33 U.S.C.S. § 1251 et seq., based on a lack of statutory standing after finding that salt was not a pollutant under 33 U.S.C.S. § 1362(6) because the court should have addressed whether U.S. Const. art. III standing existed first.
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| Cassano v. Carb, Docket No. 04-6712-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 24, 2006, Decided
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Overview: Employee's claims against her former employer, under 42 U.S.C.S. §§ 1981, 1983, 1985, and 1986, the Fourth Amendment, and the Equal Protection Clause of the Fourteenth Amendment, for the employer requiring the employee to disclose her Social Security Number (SSN) were dismissed as federal law required the employer to gather and report the SSN.
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| Davis v. Town of Hempstead, No. 04-0870,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 24, 2006, Decided
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Overview: Summary judgment that was granted in a § 1983 lawsuit in favor of a town on the basis of res judicata was vacated because the town's conduct at issue arose from two separate incidents, and the latter incident could not have been addressed in the earlier state court lawsuit.
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| Elite Brands, Inc. v. Pa. Gen. Ins. Co., No. 04-5486-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 24, 2006, Decided
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Overview: Grant of summary judgment to defendants was affirmed where plaintiff could not have obtained coverage from defendants under "advertising injury" provision of insurance policies because complainant in patent infringement proceeding never alleged such injury, and plaintiff failed to show that alleged advertising injury applied to enumerated offense.
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| Emad Mohamed v. Gonzales, Docket No. 02-6098, 04-5497-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 24, 2006, Decided
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Overview: Denial by the U.S. Department of Immigration and Naturalization of visas to aliens under the Diversity Immigrant Visa Program, which would have permitted them to adjust their immigration status to that of lawful permanent residents under 8 U.S.C.S. § 1255(a), was affirmed because, under 8 U.S.C.S. § 1154(a)(1)(G)(ii)(II), the claims were moot.
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| Eshaghi v. Gonzales, No. 01-4204-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 24, 2006, Decided
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Overview: BIA erred by failing to address asylum applicant's argument that he had greater risk of being persecuted in Iran because he had spent time in U.S.; BIA had found in another case that aliens who returned to Iran after having spent time in U.S. were viewed as opponents of Iranian Government and were subjected to search and extensive questioning.
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| Geni v. Bureau of Citizenship & Immigration Servs., No. 03-40436-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 24, 2006, Decided
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Overview: Substantial evidence supported denial of asylum based on finding that country conditions in Montenegro were sufficiently improved to rebut presumption of risk of future persecution, as State Department Report discussed improvements in human rights for ethnic Albanians in Montenegro and there was no evidence alien's family continued to be targeted.
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| Haniffa v. Gonzales, 03-40138,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 24, 2006, Decided
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Overview: Where an alien, a native and citizen of Sri Lanka, did not file a timely asylum application, and where an IJ determined that the alien did not establish extraordinary circumstances to excuse the late filing, the alien's petition for review was dismissed. 8 U.S.C.S. § 1158(a)(3) deprived appellate courts of jurisdiction to review this determination.
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| Jakaj v. United States DOJ, Nos. 03-4802-ag (L); 03-4804-ag (Con) NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 24, 2006, Decided
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Overview: Review of BIA's denial of asylum and related relief was denied under 8 U.S.C.S. § 1252(b)(4)(B) because the IJ did not err in using a State Department report, which did not provide any information regarding persecution against Catholics, as probative evidence in denying the petitioners' request for asylum relief based on religious persecution.
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| Jie Chen v. Gonzales, Docket No. 04-4238-ag (NAC),
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 24, 2006, Decided
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Overview: A petition for review of the denial of an alien's motion to reconsider or reopen his appeal of the denial of asylum was granted in part because the alien's motion could reasonably have been deemed as a timely motion to reopen arguing that, despite his untimely filing, the BIA nonetheless hear his appeal since his untimeliness was excusable.
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