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   Federal Courts - 2nd Circuit Court of Appeals - February 3, 2006

  
Xiao v. Bd. of Immigration Appeals, No. 03-40148, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 3, 2006, Decided
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Overview: Although an immigration judge was permitted to rely on a state department report regarding the use of forced sterilizations in China, it was error to fail to consider contrary evidence offered by an immigrant when determining whether or not her fear of such was objectively well-founded.

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Xing Young Yang v. Bureau of Citizenship & Immigration Servs., No. 04-1436-ag NAC, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 3, 2006, Decided
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Xiu Zhao v. United State DOJ, No. 03-40352-ag NAC, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 3, 2006, Decided
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Overview: Where alien's assertions did not constitute changes in law or errors of fact or law in BIA's decision to deny her motion to reopen, as required by 8 C.F.R. § 1003.2(b), but rather merely reiterated her previous arguments and indicated possible changed personal circumstances, the BIA did not abuse its discretion in denying her motion to reconsider.

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Yei Fu Xu v. Bureau of Citizenship & Immigration Servs., No. 03-41215-ag NAC, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 3, 2006, Decided
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Overview: Evidence supported IJ's adverse credibility finding, under 8 U.S.C.S. § 1252(b)(4)(B), where IJ noted several problems with alien's testimony, including material inconsistencies, which alien failed to adequately explain, and these inconsistencies went to heart of alien's claim because they were critical to his account of his wife's sterilization.

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