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| Bah v. Dep't of Homeland Sec., 07-0788-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, September 13, 2007, Decided
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Overview: Substantial evidence supported BIA's determination that country conditions in Sierra Leone had fundamentally changed such that petitioner no longer had well-founded fear of persecution, even assuming his credibility; 2004 Department of State country report indicated the civil war in Sierra Leone had ended and petitioner's party had gained control.
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| Chi Iota Colony of Alpha Epsilon Pi Fraternity v. City Univ. of N.Y., Docket No. 06-4111-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, September 13, 2007, Decided
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Overview: College was not preliminarily enjoined from enforcing policy restricting official recognition to student groups that did not discriminate based on gender because fraternity's First Amendment interest in intimate association was weak, policy did not greatly burden fraternity's interest, and eradicating gender discrimination was compelling interest.
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| Dong Sheng Sun v. Gonzales, 07-0462-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, September 13, 2007, Decided
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Overview: Substantial evidence under 8 U.S.C.S. § 1252(b)(4)(B) supported an adverse credibility finding to deny asylum for a Chinese alien because it was based in part on an IJ's negative demeanor finding, which was entitled to deference, and the IJ explicitly cited several discrepancies between the alien's asylum applications and the merits hearing.
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| Dong v. Clement, 07-0195-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, September 13, 2007, Decided
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Overview: Substantial evidence under 8 U.S.C.S. § 1252(b)(4)(B) supported the denial of asylum for a Chinese alien, who was involved in an altercation to prevent family planning officials from taking his cousin, because the alien did not express any opposition to the family planning policy, and the officers did not believe that he opposed the policy.
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| Nguyen v. Chertoff, Docket No. 05-3250-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, September 13, 2007, Decided
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Overview: Judicial recommendation against deportation (JRAD) that alien obtained pursuant to former 8 U.S.C.S. § 1251(b)(2) shielded the alien from being deportable under 8 U.S.C.S. § 1227(a)(2)(A)(iii) as an aggravated felon because 8 U.S.C.S. § 1101(a)(43)'s expanded definition of aggravated felony applied to determining the scope of the JRAD's protection.
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| Qiudi Ou-Lin v. Gonzales, 07-0521-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, September 13, 2007, Decided
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Overview: Under 8 U.S.C.S. § 1252(b)(4)(B), substantial evidence supported an IJ's denial of asylum and CAT relief to Chinese citizen where citizen did not prove that he was per se eligible for asylum based on his mother's sterilization; fact that citizen's mother was sterilized did not, by itself, suggest that he faced risk of forced sterilization in China.
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| Resuli v. Gonzales, 07-1275-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, September 13, 2007, Decided
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Overview: Substantial evidence under 8 U.S.C.S. § 1252(b)(4)(B) supported the denial of asylum, withholding of removal, and CAT relief for an Albanian alien because, even if the alien experienced past persecution due to his political party membership, country conditions had fundamentally changed such that he no longer had a well-founded fear of persecution.
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| Rong Ren v. Dep't of Homeland Sec., 07-0417-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, September 13, 2007, Decided
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Overview: IJ's denial of petitioner's application for CAT relief was supported by substantial evidence; although some of the documentary evidence in the record indicated that prisoners in China had been tortured, petitioner had not established that she was more likely than not to be tortured if forced to return to China.
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| Spahi v. Gonzales, 07-0317-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, September 13, 2007, Decided
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Overview: Substantial evidence supported denying asylum and withholding of removal for an Albanian alien because two childhood incidents wherein children attacked the alien and said that he was persecuted did not amount to persecution based on a protected ground, his grandparents remained in Albania without harm, and he could safely relocate within Albania.
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| United States v. Becker, Docket No. 06-1274-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, September 13, 2007, Decided
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Overview: Exception to law of case doctrine on collateral review was justified in this case, where application of Crawford, which concerned Sixth Amendment's Confrontation Clause, was necessary to prevent manifest injustice. Allocutions may have influenced jury's verdict. Because other evidence of guilt was not overwhelming, Crawford error was not harmless.
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