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| Qui Lin Xue v. Gonzales, No. 03-40062-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 3, 2006, Decided
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Overview: IJ's determination that alien was not credible was supported by substantial evidence, under 8 U.S.C.S. § 1252(b)(4)(B), where alien failed to mention in his airport interview the alleged abortion that he detailed in his asylum application, and airport interview was a reliable and, thus, appropriate source of evidence for IJ's credibility finding.
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| Razzakova v. Bureau of Citizenship & Immigration Servs., No. 03-40641-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 3, 2006, Decided
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Overview: BIA's conclusion that the alien failed to meet her burden to establish eligibility for asylum was reasonable insofar as the alien's testimony that the government was unable or unwilling to control her persecutors was uncorroborated and conflicted with the State Department reports.
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| Sall v. Gonzales, Docket No. 03-4840,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 3, 2006, Decided
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Overview: An alien's application for asylum was improperly denied where the IJ's determination that the alien was firmly resettled in Senegal before applying for asylum was not supported by substantial evidence as, inter alia, the alien's stay in Senegal did not appear to be sufficiently undisturbed and peaceful to create a presumption of firm resettlement.
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| Sequa Corp. v. United States, Docket No. 04-5714-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 3, 2006, Decided
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Overview: Net operating losses (NOLs) of corporation and affiliates, when carried back to 1986, had to be offset by their regular taxable income from 1986, as opposed to their alternative minimum tax (AMT) from 1986, which did not exist because AMT took effect in 1987. Corporation and affiliates could not carry NOLs forward to subsequent tax years.
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| Tenzin Nima Tsering v. United States INS, No. 02-4989-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 3, 2006, Decided
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Overview: Alien's petition for judicial review of his asylum application, pursuant to 8 U.S.C.S. § 1158, was denied because substantial evidence, pursuant to 8 U.S.C.S. § 1252(b)(4)(B), supported an immigration judge's finding that the alien was either a citizen of Nepal, or else had firmly resettled there.
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| Tong En You v. United States DOJ, No. 04-0153-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 3, 2006, Decided
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Overview: Substantial evidence supported denial of asylum based on adverse credibility finding where an IJ found it implausible that 10 or more authorities traveled 2000 kilometers from alien's village to factory where he worked, drug him into van, traveled nonstop for 30 hours back to village, and forcibly sterilized him. Alien failed to corroborate claim.
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| Torres v. N.Y. State Dep't of Corr. Servs., No. 05-2002-pr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 3, 2006, Decided
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Overview: A district court properly found that an inmate failed to exhaust his administrative remedies, as required by 42 U.S.C.S. § 1997e(a), where the inmate filed an untimely grievance well after the filing of his 42 U.S.C.S. § 1983 complaint, and no "special circumstances" existed to excuse or justify the inmate's failure to exhaust.
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| United States v. Hardy, No. 05-4312-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 3, 2006, Decided
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| United States v. Pearson, No. 05-2604-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 3, 2006, Decided
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Overview: Defendant's conviction for conspiracy to distribute crack cocaine, under 21 U.S.C.S. §§ 846 and 841(b)(1)(A), was affirmed where U.S. presented evidence of defendant's involvement, there was evidence to support determination that defendant was member of conspiracy, and jury could have reasonably concluded that defendant participated in conspiracy.
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