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| Abdou v. United States INS, No. 02-4839-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 2, 2006, Decided
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Overview: IJ's adverse credibility finding was proper, under 8 U.S.C.S. § 1252(b)(4)(B), where, given alien's alleged level of activity in political party and his presumed ability to read and speak French, it was reasonable for IJ to find alien incredible for not being able to go beyond few generalities to identify specific policies and principles of party.
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| Ademi v. Gonzales, No. 04-4169 NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 2, 2006, Decided
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Overview: Alien's petition for review of the denial of his asylum application was granted because the IJ pointed to specific inconsistencies with direct relevance to the alien's claim in support of his adverse credibility finding; the alien testified inconsistently as to when he received his Democratic Party membership card and the quantity of party dues.
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| Bayles v. Manns, No. 05-2325-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 2, 2006, Decided
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| Curovic v. Gonzales, No. 05-0240-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 2, 2006, Decided
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| De Hua Liu v. United States Citizenship & Immigration Servs., No. 04-1932-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 2, 2006, Decided
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Overview: Alien was entitled to a reevaluation of his credibility and asylum application because the BIA relied on flawed grounds in affirming an adverse credibility determination, which was not based on substantial evidence but impermissible speculation about the minimal difference between numbers in the alien's wife's sterilization report and ID card.
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| Fu Min Zhu v. Bd. of Immigration Appeals, No. 04-3340-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 2, 2006, Decided
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Overview: Alien's motion to reconsider BIA's decision that dismissed as untimely his appeal of IJ's decision was properly denied where, because alien had not provided plausible explanation for the six and one half year delay in filing his appeal, BIA did not abuse its discretion in finding that alien failed to exercise due diligence in preserving his appeal.
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| Krapivnyuk v. Bd. of Immigration Appeals, No. 04-2556-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 2, 2006, Decided
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Overview: Substantial evidence supported IJ's adverse credibility finding, under 8 U.S.C.S. § 1252(b)(4), where alien testified inconsistently about persecution she suffered on account of her religion because she claimed at same time that a government-run institute took her religion into deep consideration, and yet was unaware of her religious affiliation.
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| Patel v. Bd. of Immigration Appeals, No. 05-0384-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 2, 2006, Decided
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Overview: BIA's denial of motion to reopen was a proper exercise of its discretion where the events alien cited in his motion papers all occurred well before alien's hearing before IJ, and as such did not constitute evidence which was not available and could not have been discovered or presented at the former hearing, as required by 8 C.F.R. § 1003.2(c)(1).
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| Qyteza v. Gonzales, Docket No. 04-0029-ag(L), 04-0030-ag(CON), 04-0031-ag(CON),
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 2, 2006, Decided
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Overview: Aliens, natives and citizens of Albania, were denied review of the denial of their claims for asylum, withholding of removal, and CAT relief. Although the reviewing court rejected one of the IJ's adverse credibility findings, the decision was still supported by substantial evidence under 8 U.S.C.S. § 1252, and remand would produce the same result.
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