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   Federal Courts - 2nd Circuit Court of Appeals - February 2, 2006

  
Rong Yao Yang v. Bd. of Immigration Appeals, No. 04-1681-ag NAC, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 2, 2006, Decided
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Overview: IJ's adverse credibility determination was supported by substantial evidence, under 8 U.S.C.S. § 1252(b)(4)(B), where IJ relied principally on an inconsistency between alien's statements at airport interview that, during his second detention, officials just cursed at him and his testimony that he had become sick because he had been stripped naked.

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Shi Qui Gao v. Gonzales, No. 04-1635-ag NAC, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 2, 2006, Decided
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Shu Le Lin v. Gonzales, No. 04-3692-ag NAC, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 2, 2006, Decided
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Skoros v. City of New York, Docket No. 04-1229-cv, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 2, 2006, Decided
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Overview: City did not violate First Amendment when, in pursuing secular goal of promoting respect for diverse cultural traditions in schools, it did not include a creche in such displays, representing Christmas through a variety of holiday's well-recognized secular symbols, even though Chanukah was represented by menorah and Ramadan by star and crescent.

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Stanovic v. Gonzales, No. 04-3639-ag NAC, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 2, 2006, Decided
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Overview: Substantial evidence supported denial of asylum based on finding that circumstances in Serbia and Montenegro had changed to such extent that alien no longer had well-founded fear of persecution for evading draft, as U.S. Department of State country report stated Yugoslav government had granted amnesty to conscientious objectors and draft evaders.

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Tunaj v. Gonzales, No. 05-1497-ag (L); 04-1495-ag (Con); 04-1498-ag (Con); 04-1499-ag (Con) NAC, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 2, 2006, Decided
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Overview: Substantial evidence supported the denial of asylum based on a finding that current conditions in Kosovo adequately rebutted any presumption of a well-founded fear of future persecution where a State Department Country Report on Human Rights Practices reflected that there had been substantial changes in Yugoslavia after the war in Kosovo ended.

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Weiliang Lin v. INS, No. 03-4432-ag, 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, in holding that the alien's testimony was suspect "in the light of no corroborating evidence," the IJ impermissibly relied exclusively on the lack of proper corroborating evidence in reaching the decision that the alien had not given credible testimony.

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Yi Guan Chen v. United States DOJ, No. 05-0050-ag NAC, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 2, 2006, Decided
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Overview: Substantial evidence supported denial of alien's asylum claim because, although total denial of education on account of protected right might constitute persecution that threatened the individual's life or freedom, he attended school until age 14; claim that inferior education would restrict job opportunities did not establish economic persecution.

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Yong Si Chen v. Bd. of Immigration Appeals, No. 05-0718-ag NAC, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 2, 2006, Decided
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Overview: BIA's denial of alien's second motion to reopen BIA proceedings, under 8 C.F.R. § 1003.2, did not constitute an abuse of discretion where motion was numerically barred and untimely, and BIA was correct in determining that the Population and Family Planning Laws of the People's Republic of China were adopted before alien's case had gone before IJ.

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Yu Guan Lin v. Gonzales, No. 04-6544-ag NAC, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 2, 2006, Decided
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