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| Del Greco v. CVS Corp., No. 04-5730, 05-1821,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 25, 2006, Decided
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Overview: Although appellate court was not certain that plaintiff was barred from filing ERISA suit for failure to exhaust administrative remedies, based on its independent assessment of parties' submissions, case law, and record on appeal, plaintiff was not entitled to relief for her claim that tamoxifen citrate was misclassified as brand-name drug.
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| Durasevic v. Gonzales, No. 04-3519-ag (L), 04-3521-ag (Con) NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 25, 2006, Decided
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Overview: Petition for review was denied. Substantial evidence did not support the IJ's finding that the alien failed to demonstrate past persecution; however, his asylum claim nevertheless failed because the United States adequately rebutted the presumption of future persecution based on substantial changes in Yugoslavia after the war in Kosovo ended.
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| George v. N.Y. City Dep't of City Planning, Docket No. 05-0886-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 25, 2006, Decided
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Overview: A district court's decision to dismiss on the pleadings an individual's Coastal Zone Management Act (Act), 16 U.S.C.S. § 1451 et seq., claims was affirmed because the Act did not create a private right of action.
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| Jian Zhong Chen v. United States DOJ, No. 05-0211-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 25, 2006, Decided
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Overview: Petition for review was denied. In rejecting alien's testimony as incredible, IJ relied on several implausible, inconsistent, and incredible aspects of alien's claim for relief from removal--including that alien was able to register birth of couple's third child even though they failed to satisfy fine--which were supported by substantial evidence.
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| Kasnecoviq v. INS, No. 04-2361-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 25, 2006, Decided
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Overview: Petition for review was granted, BIA's decision was vacated, and case was remanded. IJ determined that alien testified credibly, but did not make finding as to past persecution; IJ's conclusion that changed country conditions negated alien's fear of future persecution in form of reprisal for evading draft was not substantially supported by record.
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| MBNA Am. Bank, N.A. v. Hill, Docket No. 04-2086-bk,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 25, 2006, Decided
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Overview: In a debtor's Chapter 7 proceeding, a creditor's motion to stay the debtor's 11 U.S.C.S. § 362(h) adversary claim against it in favor of arbitration was improperly denied where arbitration of the debtor's claim would not conflict with the U.S. Bankruptcy Code because her bankruptcy case had been fully administered and her debts had been discharged.
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| Mokbel v. Gonzales, No. 03-41243-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 25, 2006, Decided
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Overview: Petition for review was granted, the BIA's decision was vacated, and the case was remanded. The BIA's determination that the alien was not persecuted on account of his political opinion was erroneous. The alien was captured at a military compound by an invading army and was detained and interrogated about his political affiliation.
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| Music v. United States DOJ, No. 04-0847-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 25, 2006, Decided
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Overview: Petition for review was granted as the BIA abused its discretion in denying the alien's motion to reopen exclusion proceedings. The appellate court had no way of determining whether the IJ and BIA, like the government on appeal, mistakenly relied on the more stringent "exceptional circumstances" standard rather than the "reasonable cause" standard.
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| Norzai v. Gonzales, No. 04-5918-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 25, 2006, Decided
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Overview: Although BIA might have abused discretion in denying motion to reopen by failing to address argument that alien had not raised issue of homosexuality before IJ due to psychological reasons, remand would be futile where BIA specifically rejected alien's explanation for failure to raise issue earlier when it denied alien's motion for reconsideration.
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