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| Coyne v. United States, No. 05-0477-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 27, 2006, Decided
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Overview: District court was properly satisfied from a declaration by person who supervised DOJ's response to plaintiff's FOIA request that appropriate files were searched and did not err in entering summary judgment for U.S. on plaintiff's claim because affidavit was entitled to a presumption of good faith, and plaintiff had not rebutted this presumption.
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| De Jing Zheng v. United States Citizenship & Immigration Servs., No. 04-2924-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 27, 2006, Decided
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Overview: Where an alien filed his motion to reopen removal proceedings after an in absentia order of removal more than five years after the issuance of the order of removal, and the alien's motion alleged exceptional circumstances and not lack of notice, an IJ was correct in determining that the motion was untimely, under 8 U.S.C.S. § 1229a(b)(5)(C).
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| De La Vega v. Gonzales, Docket No. 03-40164,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 27, 2006, Decided
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Overview: Because it was a discretionary judgment, pursuant to 8 U.S.C.S. § 1252(a)(2)(B)(i), the court had no jurisdiction to review the BIA's denial of an alien's request for cancellation of removal based on finding that the alien failed to demonstrate that removal would cause exceptional and extremely unusual hardship to a U.S. citizen relative.
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| Goodspeed Airport, LLC v. E. Haddam Land Trust, Inc., No. 05-0622-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 27, 2006, Decided
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Overview: Dismissal of an airport's declaratory judgment action to be free of interference with maintaining navigable airspace as a defense to anticipated state-law claims of trespass and conversion was affirmed because, since the state-law claims did not arise under federal law, the declaratory judgment claim failed to create federal-question jurisdiction.
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| Hai Wu Shan v. United States DOJ, No. 04-1766-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 27, 2006, Decided
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Overview: Alien failed to meet burden for asylum claim where IJ's findings were supported by substantial evidence, under 8 U.S.C.S. § 1252(b)(4)(B), alien had not proved that he suffered past persecution, and alien did not have well-founded fear of persecution because he could have relocated to another part of country in order to avoid potential persecution.
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| Hong Chaun Lin v. Gonzales, No. 04-5049-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 27, 2006, Decided
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Overview: Alien failed to establish eligibility for asylum where his speculative assumptions failed to present a concrete risk of future persecution, and IJ's decision rejecting alien's claim that, if returned to China, he would have been persecuted for his illegal departure from China was supported by substantial evidence, under 8 U.S.C.S. § 1252(b)(4)(B).
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| Jin Hui Chen v. Bureau of Citizenship & Immigration Servs., No. 04-0992-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 27, 2006, Decided
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Overview: Alien's fear that she would be forcibly sterilized if returned to China because she had two children while in the United States was "speculative at best." Thus, the BIA did not abuse its discretion by denying the alien's motion to reopen her appeal from the denial of her application for asylum and withholding of removal.
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| Kong Dan Chen v. United States DOJ, No. 04-5816-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 27, 2006, Decided
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Overview: Alien had not established that BIA abused its discretion by denying his motion for reconsideration where motion failed to specify any errors of fact or law in BIA's prior order, 8 C.F.R. § 1003.2(b)(1), because motion did not address grounds relied upon by BIA in denying application and alien failed to allege any other error in BIA's prior order.
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| Larkins v. Herbert, No. 05-1904,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 27, 2006, Decided
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Overview: Habeas relief was denied where petitioner's conviction on first-degree murder charges, N.Y. Penal Law § 125.27(1)(a)(vii), was properly predicated on a burglary because the evidence overwhelmingly supported a finding of the petitioner's intent to commit a crime separate from the charged homicide when he unlawfully entered the site of the burglary.
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