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| Baker v. Kelly, No. 03-9339-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 31, 2006, Decided
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Overview: A street photographer's claim was properly dismissed pursuant to Fed. R. Civ. P. 12(b)(6) where the district court did not err in concluding that the photographer's claim was barred by res judicata and, in fact, every argument raised by the photographer had been squarely addressed in prior litigation in the district court.
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| Bao Chun Chen v. United States DOJ, No. 03-41069-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 31, 2006, Decided
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Overview: Substantial evidence supported denial of asylum application based on adverse credibility finding where basis of alien's claim that wife was forced to have IUD inserted in December 2000, and forced to have abortion in February 2001, was contradicted by documentary evidence, as record of wife's examinations did not relief IUD insertion or abortion.
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| Barry v. Gonzales, No. 03-4346,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 31, 2006, Decided
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Overview: Alien's petition for review of the decision denying his application for asylum under the INA was denied where substantial evidence supported the IJ's adverse credibility finding because alien lied about a political party card, and alien failed to produce evidence supporting his claim that he had participated in political activity while in the U.S.
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| Beechwood Restorative Care Ctr. v. Leeds, Docket No. 04-3248-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 31, 2006, Decided
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Overview: U.S. Const. amend. I retaliation claims by a nursing facility and its operators against state health department employees were improperly dismissed where there was sufficient evidence that the state employees retaliated against them by revoking the facility's operating certificate following one of the operator's many complaints and lawsuits.
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| Casanova Entm't Group, Inc. v. City of New Rochelle, No. 05-3772-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 31, 2006, Decided
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Overview: Denial of a nightclub operator's motion to preliminarily enjoin a city from enforcing any local or zoning ordinance that barred topless dancing at a nightclub was affirmed because the operator failed to show a likely success on the merits of its claim of a right under the First and Fourteenth Amendments to exhibit topless dancing at the nightclub.
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| Chi You Lin v. Gonzales, No. 04-1575-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 31, 2006, Decided
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Overview: A petition for review of the denial of asylum was denied because inconsistencies concerning whether an alien's wife had been forcibly sterilized and/or threatened with sterilization and abortion in his application and later testimony supported the denial of asylum since the inconsistencies involved matters that were central to his claim.
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| Gjergji v. Gonzales, No. 04-0960-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 31, 2006, Decided
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| Gutic v. Gonzales, No. 03-40465,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 31, 2006, Decided
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Overview: Because the alien's claim of past persecution, even if credible, would not have supported a well-founded fear of future persecution in light of substantial evidence of changed country conditions, the alien's applications for asylum, withholding of removal, and relief under the Convention Against Torture were properly denied.
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| Inturri v. City of Hartford , No. 05-2114,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 31, 2006, Decided
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Overview: A city and its former police chief were properly granted summary judgment in a suit by police officers challenging an order requiring them to cover tattoos deemed offensive and/or unprofessional. The order was not unconstitutionally vague under the First Amendment because it specifically told the officers that spiderweb tattoos must be covered.
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