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| Bah v. Gonzales, No. 04-4172-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 30, 2006, Decided
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Overview: Denial of asylum, withholding of removal, and CAT relief were proper where IJ based his overall analysis of alien's eligibility for relief on a proper adverse credibility determination, and substantial evidence supported IJ's determination, under 8 U.S.C.S. § 1252(b)(4)(B), because, inter alia, IJ properly held that alien testified inconsistently.
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| Chun Ying Liu v. Bureau of Citizenship & Immigration Servs., Nos. 04-6238-ag (L), 04-6239-ag (Con), 05-0952 (Con), 05-0953 (Con) NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 30, 2006, Decided
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Overview: Substantial evidence supported an IJ's denial of an application of withholding of removal based upon an adverse credibility determination because discrepancies surrounding an alien's medical records and her explanation for her failure to inform her doctor of her prior abortions went to the heart of her claim for withholding of removal.
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| Huang v. United States DOJ, No. 04-2496-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 30, 2006, Decided
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Overview: Alien's petition for review was denied because the U.S. Board of Immigration Appeals did not abuse its discretion in denying her motion to reopen and reconsider her removal proceedings as she did not introduce new evidence pursuant to 8 C.F.R. § 1003.2(c)(1), and did not point to any errors of fact or law as required by 8 C.F.R. § 1003.2(b)(1).
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| Jah v. Gonzales, No. 04-3070-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 30, 2006, Decided
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Overview: Alien's petition for review of the denial of his asylum application was denied; although the IJ did not hold a hearing on the one-year bar issue, the IJ did not violate the alien's due process rights because he was given a full and fair opportunity to present evidence proving he filed his asylum application within one year of entry into the U.S.
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| Love v. McCray, No. 03-2307,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 30, 2006, Decided
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Overview: Judgment denying a habeas corpus petition was affirmed where Sixth Amendment effective assistance of counsel claim failed because counsel established identification discrepancy for jury through witness's own testimony, and petitioner could not have demonstrated that he was prejudiced by counsel's failure to make same point through composite sketch.
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| Min Hua Jiang v. Dep't of Homeland Sec., No. 04-5101-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 30, 2006, Decided
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Overview: Substantial evidence supported denial of an alien's application for asylum based on an adverse credibility determination because the issue of whether the alien had a forced abortion was material and not merely ancillary to her asylum claim such that its omission from her airport statement and credible fear interview was fatal to her credibility.
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| Ming Qing Dong v. Bureau of Citizenship & Immigration Servs., No. 04-3046-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 30, 2006, Decided
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Overview: A petition for review of an order of removal was granted because an immigration judge should have given an alien the opportunity to provide medical documents or statements from her boyfriend or family members who had knowledge of her forced abortion before concluding that their absence undermined her credibility.
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| Pepushaj v. Gonzales, No. 05-0019-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 30, 2006, Decided
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Overview: Substantial evidence supported denial of asylum because State Department report indicated that Albanians could freely practice their religion due to generally amicable relationship among different religious groups such that conditions had changed to such an extent since alien left Albania that he did not face reasonable possibility of persecution.
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| Qi Guang Xiao v. Gonzales, No. 04-4083-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 30, 2006, Decided
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Overview: Alien's petition for review of the BIA's denial of his applications for asylum and withholding of removal was denied because the BIA's reliance on the alien's inconsistencies regarding his wife's return home from the hospital after her abortion was sufficient to support the overall adverse credibility finding.
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| Singh v. Bd. of Immigration Appeals, No. 04-3121-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 30, 2006, Decided
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Overview: A petition for review of the denial of asylum was denied because an immigration judge's findings regarding a fraudulent document submitted by an alien and inconsistencies regarding the alien's 1998 arrest were supported by the record and sufficient to support an adverse credibility finding.
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