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| Jian Wen Wang v. Bureau of Citizenship & Immigration Serv., Docket No. 04-1524-ag,
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 a motion to reopen a claim for asylum under 8 U.S.C.S. § 1101(a)(42) was denied because an alien was neither married to his current wife at the time she underwent a forced abortion in China, nor was he the father of the aborted fetus, and thus he was not qualified for per se eligibility for asylum.
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| Mai Chai Zhu v. Gonzales, No. 04-1100-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 an immigration judge's (IJ) conclusions regarding an alien's inconsistent testimony were substantially supported by examples in the record and were sufficient to support the IJ's adverse credibility ruling and denial of asylum.
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| Mix v. Del. & Hudson Ry. Co., 05-2302-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 31, 2006, Decided
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Overview: In FELA action, employee could not recover from railroad company for injuries sustained after June 28, 1997, where he proffered no evidence suggesting that his hearing loss was at any time merely temporary. As record showed he suffered some permanent level of hearing loss before June 28, he did not show he suffered distinct injury after that date.
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| Nat'l Abortion Fed'n v. Gonzales, Docket No. 04-5201-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 31, 2006, Decided
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Overview: District court's declaration that the Partial-Birth Abortion Ban Act of 2003, 18 U.S.C.S. § 1531, was unconstitutional for lack of a health exception, and enjoinment of the Act was affirmed. However, the circuit court deferred a ruling as to the appropriate remedy pending the receipt of supplemental briefs from the parties.
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| Pinner v. Budget Mortg. Bankers, Ltd., 04-6157-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 31, 2006, Decided
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Overview: Where employee's supervisor testified that employee complained that supervisor's father "had other intentions" toward employee, a reasonable supervisor would have understood employee's complaints to have alleged harassment in violation of Title VII of the Civil Rights Act of 1964.
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| Qiu Zhu Pan v. Gonzales, No. 04-4522-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 31, 2006, Decided
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Overview: Where alien was not actually pregnant when Chinese authorities were looking for her, purportedly based on a slanderous allegation, to subject the alien to a forced abortion, the alien failed, as a matter of law, to present evidence of past persecution. Thus, substantial evidence supported denial of alien's application for asylum and other relief.
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| Reimels v. Comm'r, Docket No. 04-6175-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 31, 2006, Decided
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Overview: Social Security disability benefits paid for an inability to work because of an injury or sickness resulting from active military service did not qualify as amounts received for that injury or sickness for purposes of 26 U.S.C.S. § 104(a)(4). Thus, tax court's decision that such benefits could not have been excluded under § 104(a)(4) was affirmed.
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| Shu Bing Lin v. Gonzales, No. 03-41081-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 31, 2006, Decided
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Overview: BIA did not abuse discretion in denying motion to reconsider where motion restated factual elements of alien's claim without specifying errors of fact or law in BIA's decision. However, BIA abused discretion in denying motion to reopen without considering letter from alien's father that was written two weeks after BIA denied prior motion to reopen.
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| United States v. Collins, 05-0740-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 31, 2006, Decided
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Overview: Defendant's sentence of 151 months imprisonment for narcotics offenses in violation of 21 U.S.C.S. § 841 was affirmed because his sentence was reasonable since the district court adequately considered all 18 U.S.C.S. § 3553(a) factors and defendant did not challenge the correctness of the Sentencing Guidelines range the district court found.
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