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| Novaku v. Gonzales, Nos. 04-4345-ag (L); 04-4347-ag (Con) NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 26, 2006, Decided
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Overview: IJ's adverse credibility determination and resulting denial of asylum and withholding of removal under the INA was supported by substantial evidence that the aliens were not convincing, one alien's testimony and affidavit were inconsistent regarding when her house was burned by an armed gang, and they failed to present corroborating evidence.
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| Singh v. Gonzales, No. 04-1335-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 26, 2006, Decided
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Overview: It was entirely reasonable for the INS to interpret " # 2 FL" to mean "2nd Floor," and, in the absence of any evidence that the notice was not received at that address or returned as undeliverable, to rule that the alien had not shown reasonable cause for his failure to appear at the May 5, 1992, exclusion hearing, which was conducted in absentia.
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| Tapp v. Champagne, No. 04-5890-pr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 26, 2006, Decided
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Overview: Dismissal by district court of a pro se plaintiff's 42 U.S.C.S. § 1983 conspiracy case against district attorneys, judges, and public defenders was upheld because absolute immunity shielded state judges and prosecutors from suits for money damages, and the public defenders were not state actors.
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| United States v. Awadallah, Docket No. 05-2566-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 26, 2006, Decided
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Overview: Exclusion of evidence of grand jurors' subjective impressions of defendant's alleged perjury was affirmed under Fed. R. Evid. 403, where permitting such testimony could be interpreted as the grand jurors giving the trial jurors advice on how to determine the central issue of whether the defendant "knowingly" gave the allegedly false testimony.
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| United States v. Holguin, Docket No. 04-5277-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 26, 2006, Decided
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Overview: 18 U.S.C.S. § 3553(f) did not require a district court to make affirmative findings on a defendant's safety valve request before imposing the mandatory minimum sentence under 21 U.S.C.S. § 841(b)(1)(B) where the drug quantity triggering the five-year mandatory minimum was proved beyond a reasonable doubt by the defendant's guilty plea.
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| United States v. Morant-Cordero, No.05-2682-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 26, 2006, Decided
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Overview: A district court did not clearly err in finding defendant ineligible for safety valve consideration under 18 U.S.C.S. § 3553(f) because he minimized his role in a drug conspiracy even though tape recorded conversations and telephone records indicated his long-established role as co-defendant's drug supplier.
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| Yan Zhu v. Gonzales, No. 04-4338 NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 26, 2006, Decided
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Overview: Where alien failed to challenge in her administrative appeal IJ's adverse credibility finding, court lacked jurisdiction to review that finding, which mooted alien's petition for review of IJ's findings that alien failed to prove a nexus between her alleged persecution and protected ground and that she could relocate safely within her home country.
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| Yu Chen Weng v. Bd. of Immigration Appeals, No. 05-1289-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 26, 2006, Decided
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| Zhong Ye Chang v. Gonzales, No. 04-4288-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 26, 2006, Decided
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Overview: The petition for review was denied. The alien's failure to mention his April 1999 arrest until the day of the hearing was a material omission that would likely be fatal to his credibility, standing alone. This incident was the only incident of past persecution he claimed, and thus the omission went to the heart of his asylum claim.
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