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| Simone v. Prudential Ins. Co. of Am., No. 05-3202-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 24, 2006, Decided
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Overview: District court properly denied former employee's Fed. R. Civ. P. 60(b)(6) motion for relief from a judgment denying his claim for long-term disability benefits under ERISA; a change in decisional law was not a basis for granting a Rule 60(b)(6) motion.
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| Song Jin Wu v. INS, Docket No. 99-4148,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 24, 2006, Decided
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Overview: Although an immigrant was not entitled to a rescission of deportation order entered in absentia due to the fact that his motion was untimely under 8 U.S.C.S. § 1252b (repealed 1997), his change in the law argument should have been considered because a well-founded fear of persecution encompassed the application of forced sterilization on a spouse.
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| United States v. Burns, No. 04-3081, 04-4960, 04-5054,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 24, 2006, Decided
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Overview: In convictions of conspiracy to commit Hobbs Act robberies and murder in the course of a robbery, even if a stipulation of a coconspirator's guilty plea was erroneously admitted as a testimonial statement, the error did not affect defendants' substantial rights under Fed. R. Crim. P. 52(b) due to the overwhelming evidence of the conspiracy.
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| United States v. Gonzalez, No. 05-2433,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 24, 2006, Decided
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Overview: Judgment of the district court, that defendant was ineligible for a "safety valve" provision, under 18 U.S.C.S. § 3553(f), was affirmed where the district court's finding that defendant was untruthful when describing his role in the offense as a small one and denying allegations of prior drug activity had ample support in the record.
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| Wei Yong Lin v. INS, Nos. 03-4011-ag (L), 03-4012-ag (Con) NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 24, 2006, Decided
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Overview: Aliens' petition for relief from a decision of the BIA, affirming the denials for relief that were issued by the IJ, was denied because the aliens did not assert some of their claims before the BIA and failed to challenge the IJ's adverse credibility determination.
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| Wen Qiang Liu v. Bd. of Immigration Appeals, No. 04-4109-ag, NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 24, 2006, Decided
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Overview: Alien's petition for review of the decision denying his claim for asylum was denied where IJ did not err in determining that the alien failed to meet his burden and, in the absence of support in the record for the alien's assertion that he would have been subjected to forced sterilization, his fear, even if genuine, was not objectively reasonable.
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| Xiang Ren Jiang v. INS, No. 03-40760-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 24, 2006, Decided
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| Xiao Yan Ren v. Gonzales, No. 04-2008-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 24, 2006, Decided
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Overview: An alien, a native and citizen of the People's Republic of China, was granted review of the denial of her asylum and withholding of removal applications. The IJ's decision was not supported by substantial evidence under 8 U.S.C.S. § 1252 as the alien established past persecution due to credible testimony of a forced abortion and IUD implantation.
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