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| Ting Da Ou Yang v. Bureau of Citizenship & Immigration Servs., No. 04-0537-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 30, 2006, Decided
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Overview: IJ properly denied alien's application for asylum, withholding of removal, and CAT relief where substantial evidence supported the IJ's adverse credibility determination, under 8 U.S.C.S. § 1252(b)(4)(B), because the IJ properly held that alien had an unresponsive and evasive demeanor, as illustrated by his inconsistent and implausible testimony.
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| United States v. Claudillo-Marquez, No. 05-4102-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 30, 2006, Decided
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Overview: Defendant's conviction was affirmed under 8 U.S.C.S. § 1326(d)(1) as defendant had not exhausted his administrative remedies and thus could not raise a collateral due process challenge to his deportation order as a ground for dismissal of his criminal indictment. Further, defendant's sentence was affirmed as the sentence was not unreasonable.
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| Vidhja v. Gonzales, No. 04-4159-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 properly drew an adverse credibility inference from the fact that an alien did not present his uncle, and the alien failed to establish a sufficient nexus between the threats he received and his past affiliation with a political party in Albania.
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| Xia Lin v. Bureau of Citizenship & Immigration Servs., No. 04-2917-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 30, 2006, Decided
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Overview: Where IJ had determined that affidavits from asylum applicant's husband and sister were both reasonably available because they were living in New York, and applicant did not explain why her husband did not submit affidavit but stated that he was not able to testify because he was at work and had a cough, application was properly denied.
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| Xiao Jing Zheng v. Gonzales, No. 04-1816-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 30, 2006, Decided
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Overview: BIA did not abuse discretion in finding that alien did not prove exceptional circumstances or prove she did not receive proper notice of hearing to warrant rescinding in absentia removal order under 8 U.S.C.S. § 1229a(b)(5)(C) where alien claimed she appeared before IJ with new counsel but record showed no such appearance was made or attempted.
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| Xiu Ying Pan v. Bureau of Citizenship & Immigration Servs., No. 04-2788-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 her application for asylum and withholding of removal was denied because, pursuant to 8 U.S.C.S. § 1252(b)(4), substantial evidence supported the finding that the alien did not support with sufficient corroborative evidence her claim that she suffered persecution by reason of her faith.
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| Zhong Guo Liu v. Gonzales, No. 04-3701-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 was granted, where the IJ based his adverse credibility determination on minor and isolated inconsistencies in the alien's testimony which did not go to the heart of the alien's claims, and the IJ failed to consider background information and other corroborating evidence.
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