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| Altieri v. Albany Pub. Library, No. 05-3638-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 1, 2006, Decided
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Overview: A causal connection could not plausibly be inferred in employee's retaliation claim under 42 U.S.C.S. § 2000e-3 because: (1) nothing in the employee's pleadings supports such an inference; and (2) a 21 month interval separates the employee's protected activity and the first action of alleged retaliation.
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| Blushi v. Gonzales, No. 04-3078-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 1, 2006, Decided
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Overview: An alien's petition for review was denied where IJ's adverse credibility determination was supported by substantial evidence and, because the inconsistencies outlined by IJ were not minor and went to the main basis of the alien's political persecution claim, it was not improper for IJ to base its adverse credibility determination on this ground.
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| Cui Ping Chen v. Dep't of Homeland Sec., No. 04-6072-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 1, 2006, Decided
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Overview: The BIA did not abuse its discretion in denying alien's request for reconsideration where her motion was clearly untimely because alien did not file her motion to reconsider until well beyond the thirty day deadline under 8 C.F.R. § 1003.2(b)(2), and the BIA properly found that alien's case did not merit a sua sponte reconsideration or reissuance.
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| D.B. Zwirn Special Opportunities Fund, L.P. v. Squire, No. 05-3668-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 1, 2006, Decided
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Overview: Summary judgment for plaintiff in a suit for breach of a loan guaranty agreement was affirmed because, under the plain terms of the contract, the borrowers no longer qualified for an extension, and defendants, as guarantors, were obligated to cover their defaults.
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| Dong Kai Lin v. Gonzales, No. 04-5895-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 1, 2006, Decided
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Overview: Alien's petition for review of the denial of her asylum application was denied because the country condition material in the record indicated that the alien's fear of future persecution based on a child born in the United States was not objectively reasonable.
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| Jiao Ru Lin v. Bd. of Immigration Appeals, No. 04-3213-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 1, 2006, Decided
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Overview: Substantial evidence supported denial of asylum based on adverse credibility finding where airport interview transcript, which did not refer to alien's alleged forced abortion and quoted alien as saying "no" when asked if she tried to get pregnant for second time in China, did not suggest she did not understand translations made by interpreter.
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| Jing Liang Jiang v. Gonzales, No. 04-5004-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 1, 2006, Decided
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Overview: Alien's petition for review of the denial of his asylum application was denied because the IJ properly determined that the alien failed to testify credibly as to his claim of persecution and had failed to corroborate his claims; the alien was inconsistent as to whether the government actually detained him for violating the family planning policy.
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| Lin Chen v. Gonzales, No. 03-4370-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 1, 2006, Decided
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Overview: An alien's petition for review of the decision rejecting the alien's application for asylum, withholding of removal, and CAT relief was denied where, inter alia, the IJ's adverse-credibility findings, relating principally to material inconsistencies and implausibilities in the record, were supported by substantial evidence.
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| Local 851 of the Int'l Bhd. v. Quinlin, 04-5976cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 1, 2006, Decided
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