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   Federal Courts - 2nd Circuit Court of Appeals - January 31, 2006

  
United States v. Pelaez, 05-3759-cr, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 31, 2006, Decided
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Overview: Where defendant was sentenced to time served upon guilty plea conviction, prison term was actual period of incarceration of 13 months that defendant served when plea was accepted such that actual sentence exceeded agreed upon sentence and USSG range of 6 - 12 months. As he had already served sentence, his challenge to length of sentence was moot.

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Xiu Yu Lin v. United States DOJ, No. 04-1266-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 substantial evidence supported an IJ's adverse credibility determination based on inconsistencies contained in an alien's testimony, inconsistencies in her husband's testimony concerning an involuntary sterilization, and the alien's failure to offer reasonably expected corroboration.

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Xue Mei Liu v. Gonzales, No. 04-1574-ag NAC, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 31, 2006, Decided
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Overview: Alien, a native and citizen of the People's Republic of China, was granted review of the denial of her asylum application. IJ's decision that the alien lacked credibility was not supported by substantial evidence under 8 U.S.C.S. § 1252 as it was based on flawed factual findings and there was a realistic possibility of a different result on remand.

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Yu Shu Feng v. Bd. of Immigration Appeals, No. 03-41073-ag NAC, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 31, 2006, Decided
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Overview: Because the determination that petitioner alien did not sustain his burden of proving his marriage to his alleged wife went to the heart of his claim and was a reasonable and a proper basis on which to find the alien not credible, the alien was not able to demonstrate a well-founded fear of persecution, and his application for asylum.

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Zagorjani v. Gonzales, Nos. 04-4560-ag (L); 04-4561-ag (Con) NAC, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 31, 2006, Decided
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Overview: Aliens, natives and citizens of Albania, were not entitled to judicial review of the denial of their claims for asylum and withholding of removal because an IJ's adverse credibility findings as to one of the alien's claims of political persecution were supported by substantial evidence in the record under 8 U.S.C.S. § 1252(b)(4)(B).

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