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| Al Sayar v. Clement, 06-4045-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, September 14, 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 a Kuwaiti alien and his Russian wife since the fact that the alien might be subjected to harassment and discrimination due to his religious conversion, without more, did not establish a well-founded fear of persecution.
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| Jian Zhong Sun v. Bd. of Immigration Appeals, 05-4447-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, September 14, 2007, Decided
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Overview: Court granted asylum applicant's petition for review of IJ's denial of asylum where IJ's finding regarding applicant's motive for departure from China was not supported by substantial evidence and where IJ erred in excluding certain documents pursuant to best evidence rule and applicant's right to offer evidence under 8 U.S.C.S. § 1229a(b)(4)(B).
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| United States v. Grullon, No. 06-0468-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, September 14, 2007, Decided
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Overview: Defendant's argument that the district court erred in finding that sentencing disparities created by the Department of Justice's "fast-track" programs for illegal reentry offenders were not "unwarranted" disparities within the meaning of 18 U.S.C.S. § 3553(a)(6) was squarely foreclosed by Second Circuit precedent.
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| Bacquie v. Liberty Mut. Ins. Co., No. 06-3345-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, September 18, 2007, Decided
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Overview: The judgment of the district court was affirmed. Defendants' decision to offset plaintiff's long term disability benefits by an amount equal to her Social Security disability benefits was not arbitrary and capricious.
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| Brown v. Combs, No. 06-3845-pr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, September 18, 2007, Decided
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Overview: Where plaintiff sought recusal based on district court's dismissal of civil rights suits, recusal motion was properly denied because claims underlying recusal motion had been dismissed as frivolous, plaintiff did not allege that district court's rulings came from extrajudicial sources, and rulings did not raise suspicion of unequivocal antagonism.
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| Calif. Pub. Emples.' Ret. Sys. v. N.Y. Stock Exch., Inc. (In re NYSE Specialists Sec. Litig.), Docket No. 06-1038-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, September 18, 2007, Decided
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Overview: Where New York Stock Exchange's (NYSE) alleged misconduct by class action plaintiffs was consistent with exercise of power delegated to self-regulation organization (SRO) for which court had delegated absolute immunity and misconduct was within ambit of SRO's power, immunity presumptively attached to NYSE, even where power was wrongfully exercised.
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| Huang v. Siam Commer. Bank Pub. Co., No. 06-3569-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, September 18, 2007, Decided
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Overview: Plaintiffs' contention that defendant intervened in management of businesses to extent that businesses became financially dependent upon defendant was so connected to defendant's attempt in prior two actions to collect payment on credit notes extended to plaintiffs that Fed. R. Civ. P. 13(a) barred plaintiffs from pursuing claim in separate action.
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| United States v. Contreras, No. 05-6692-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, September 18, 2007, Decided
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Overview: Sufficient evidence supported jury's finding that defendant entered into conspiracy to defraud U.S. under 18 U.S.C.S. § 286 and he aided and abetted filing of fraudulent tax returns under 26 U.S.C.S. § 7206(2). Record did not support contention that defendant did not prepare tax returns or relied in good faith on information furnished by clients.
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| Zong Hang Zou v. Bd. of Immigration Appeals, No. 06-2903-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, September 18, 2007, Decided
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Overview: A motion to reopen that was untimely under 8 U.S.C.S. § 1229a(c)(7)(C) was properly denied because an alien failed to present any material country conditions evidence indicating that he would likely be sterilized upon return to China on account of his two U.S. citizen children; thus, the alien's fear of future persecution was unsubstantiated.
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