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   Federal Courts - 2nd Circuit Court of Appeals - September 27, 2007

  
Abdoulaye Aliou Dia v. Keisler, 07-0656-ag NAC, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, September 27, 2007, Decided
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Overview: Substantial evidence under 8 U.S.C.S. § 1252(b)(4)(B) supported an adverse credibility finding to deny asylum, withholding of removal, and CAT relief because an alien was unable to establish his nationality as from Mauritania since there was an inconsistency in his testimony and a birth extract, and he was unfamiliar with a refugee identity card.

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Dian Zhi Jiang v. Keisler, 07-0102-ag NAC, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, September 27, 2007, Decided
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Dianshun Jiang v. United States DOJ, 07-0563-ag NAC, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, September 27, 2007, Decided
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Feng Lin v. Keisler, 05-5817-ag, NAC, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, September 27, 2007, Decided
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Overview: IJ's denial of alien's asylum application on basis of an adverse credibility finding was supported by substantial evidence, under 8 U.S.C.S. § 1252(b)(4)(B), as IJ reasonably relied on inconsistencies in the record regarding wife's second pregnancy and her alleged abortion, and inconsistencies involved crux of alien's family planning policy claim.

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Gyaltsen v. Keisler, 07-0999-ag NAC, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, September 27, 2007, Decided
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Overview: An alien's asylum claim was properly denied because the alien produced no credible evidence of a Tibetan identity and therefore established no basis for finding he had suffered past persecution on account of his nationality, under 8 U.S.C.S. § 1101(a)(42). The alien's applications for withholding of removal and CAT relief were properly denied.

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Harutyunyan v. Keisler, 07-0414-ag NAC, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, September 27, 2007, Decided
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Overview: Petition for review was denied as petitioners raised no challenge to agency's dispositive findings in their brief and thus waived any argument that agency erred in denying their application for asylum and withholding of removal, and petitioners' ineffective assistance of counsel claims were unexhausted because they failed to raise claims to BIA.

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He Lin v. United States DOJ, 07-0733-ag NAC, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, September 27, 2007, Decided
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Overview: Substantial evidence under 8 U.S.C.S. § 1252(b)(4)(B) supported the denial of asylum, withholding of removal, and CAT relief for a Chinese alien because any fear of future persecution due to China's family planning policy was too speculative since it was based on numerous assumptions, including that the alien would marry and violate the policy.

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Jiang v. Bd. of Immigration Appeals, 06-5215-ag, NAC, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, September 27, 2007, Decided
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Overview: Denial of alien's asylum application on basis of an adverse credibility finding was supported by substantial evidence, under 8 U.S.C.S. § 1252(b)(4)(B), as BIA reasonably relied on a discrepancy regarding whether alien's wife had in fact undergone an abortion and the alleged abortion was the central element of alien's family planning policy claim.

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Jiemin Shao v. Keisler, 07-0069-ag NAC, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, September 27, 2007, Decided
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United States v. Hirliman, Docket Nos. 05-3677-cr(L), 05-4006-cr(XAP), 05-4009-cr(CON), UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, September 27, 2007, Decided
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