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| Long Fu Chen v. United States DOJ, No. 04-1061-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 27, 2006, Decided
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Overview: Where the record supported five of the seven grounds upon which an IJ based an adverse credibility finding, and one of those grounds was, by itself, fatal, considering that one ground in combination with several of the others, it was not likely the outcome of alien's asylum application would have been different if the IJ's errors were eliminated.
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| Petriti v. Gonzales, No. 04-1831-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 27, 2006, Decided
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Overview: BIA's denial of application for asylum was proper, under 8 U.S.C.S. § 1252(b)(4)(B), where substantial evidence supported IJ's finding that alien failed to establish either past persecution or well-founded fear of future persecution because, inter alia, Country Profile sufficiently rebutted presumption of a well-founded fear of future persecution.
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| United States v. Song, Docket No. 05-1802-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 27, 2006, Decided
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Overview: Defendant's conviction of transporting an illegal alien under 8 U.S.C.S. § 1324(a)(1)(A)(ii) and 18 U.S.C.S. § 2 was affirmed where the erroneous exclusion of non-hearsay testimony of the defendant's theory that he was hired as a "tour guide" was harmless in light of evidence that he acted with reckless disregard of his passenger's illegal status.
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| Xiu Mei Gao v. Gonzales, No. 04-1409-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 27, 2006, Decided
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Overview: A petition for review of the denial of asylum was denied because there was no evidence that an alien had ever been arrested, detained, or even confronted by the authorities in regard to practicing Falun Gong, and thus she had not suffered past persecution, and she did not establish that she had a well-founded fear of future persecution.
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| Xiu-Ru Chen v. United States Dep't of Homeland Sec., No. 04-3399-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 27, 2006, Decided
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| Yi Hua Zheng v. United States Ag, No. 04-2474-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 27, 2006, Decided
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Overview: A petition for review of the denial of asylum pursuant to 8 U.S.C.S. § 1158(a) was denied because substantial evidence supported the finding that an alien's testimony was incredible where an essential factual allegation underlying the asylum claim was omitted from the alien's asylum application and from his airport interview.
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| Yun Fen Jin v. Gonzales, No. 03-4719,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 27, 2006, Decided
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Overview: Petition was granted and order of BIA--insofar as it addressed alien's application for withholding of removal--was vacated and remanded. The IJ did not acknowledge, much less provide "reasoned evaluation" of alien's explanation for confusion as to when she was sterilized and adverse credibility finding accordingly suffered from flawed reasoning.
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| Zi Hua Tang v. Bd. of Immigration Appeals, No. 04-0854-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 27, 2006, Decided
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| Zongtian Wei v. Gonzales, No. 04-3610-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 27, 2006, Decided
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