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| Angels v. Reliance Std. Life Ins. Co., 05-2298-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 3, 2006, Decided
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Overview: Summary judgment for defendant insurer on plaintiff's ERISA claim protesting the denial of his application for long-term disability benefits was affirmed because plaintiff did not dispute that there were material duties of his occupation that he was able to perform during the elimination period; thus he was not totally disabled.
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| Cheng Hong Shi v. Gonzales, No. 04-2640-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 3, 2006, Decided
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Overview: Substantial evidence supported the denial of an alien's asylum application based upon an adverse credibility determination where an IJ's adverse credibility finding was based on specific examples of inherently improbable testimony regarding the alien's escape from a police precinct after having been arrested.
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| De Gui He v. NAC United States DOJ, No. 03-40965-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 3, 2006, Decided
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Overview: Court lacked jurisdiction to review an argument that the IJ erred in not listing reasons for pretermitting an asylum application because an alien did not raise the issue before the BIA and the court could not reassess a factual determination regarding the one-year deadline in 8 U.S.C.S. § 1158, which did not did not involve a constitutional claim.
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| Den Hollander v. Flash Dancers Topless Club, No. 04-6700,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 3, 2006, Decided
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Overview: Dismissal of plaintiff's RICO claims was affirmed because plaintiff had failed to allege any injury; loss of profits from plaintiff's cessation of normal work as the result of plaintiff's ongoing investigation of defendants, and the costs of the investigation, were the costs of plaintiff's acts, not defendants' alleged RICO violations.
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| Dianzinga v. Gonzales, No. 03-4619,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 3, 2006, Decided
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Overview: Petition for review of decision denying asylum under 8 U.S.C.S. § 1158 was denied where IJ's findings were amply supported by alien's testimony and by human rights reports, and decision to deny asylum on basis of a factor not previously enumerated did not depart from established policy and was not manifestly contrary to law and abuse of discretion.
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| Gottlieb v. Carnival Corp., Docket No. 05-2733-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 3, 2006, Decided
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Overview: District court erred by dismissing a case filed under the Telephone Consumer Protection Act (TCPA), 47 U.S.C.S. § 227 et seq., for lack of jurisdiction because nothing in 28 U.S.C.S. § 1332 divested federal courts of diversity jurisdiction over private actions under the TCPA.
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| Heng Wang Zhu v. United States AG, No. 04-1103-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 3, 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 the fact that an alien stated that his application for asylum was prepared by three different people was an inconsistency or falsehood, and the alien made a misstatement regarding how he remembered the date of his application.
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| Jing Yu Jiang v. United States DOJ, No. 03-41202,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 3, 2006, Decided
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Overview: Alien's petition for review was denied where the BIA did not abuse its discretion when it found that alien's failure to provide corroborating evidence, combined with IJ's credibility concerns, provided substantial support for IJ's decision to deny alien's petition for asylum and withholding of removal. The rejection of alien's CAT claim was upheld.
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| Khan v. Gonzales, No. 03-4558-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 3, 2006, Decided
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Overview: Alien's petition for review was denied where IJ correctly determined that alien was not credible and therefore did not meet his burden of proof for asylum because IJ's adverse credibility determination was substantially supported by the record as a whole, under 8 U.S.C.S. § 1252(b)(4)(B). Denial of withholding of removal and CAT relief were proper.
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