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| Osude v. United States Dep't of Homeland Sec., No. 04-0228-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 6, 2006, Decided
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Overview: Alien's due process rights were not denied by IJ's failure to require the government to produce an immigration inspector for cross-examination because IJ credited the inspector's testimony about the timing of events described in his reports but there was no indication that it adversely affected an analysis of the merits of the asylum claims.
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| Albert Fadem Trust v. Citigroup Inc., No. 04-5642-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 6, 2006, Decided
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Overview: 15 U.S.C.S. § 78j(b) and 17 C.F.R. § 240.10b-5 claims by trustees and a retirement system against a bank, its investment banking subsidiary, and the bank's officers were properly dismissed where the complaint failed to sufficiently plead intent to deceive, manipulate, or defraud as required under 15 U.S.C.S. § 78u-4(b)(2) and Fed. R. Civ. P. 9(b).
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| Gjoka v. Gonzales, No. 04-5081-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 6, 2006, Decided
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| Meco v. Gonzales, No. 04-1807-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 6, 2006, Decided
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Overview: Under 8 U.S.C.S. § 1252(b)(4)(B), BIA properly rejected arguments that IJ erred when he stated that testimony lacked credibility because adverse credibility determination was expressly based on discrepancies between alien's testimony and asylum application, and implausibility of occurrence, causation, and source of claimed events of persecution.
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| Pai Mou Qiu v. Bd. of Immigration Appeals, No. 05-1145-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 6, 2006, Decided
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Overview: BIA did not abuse its discretion in denying alien's motion to reopen where BIA properly found that alien's motion, which was his second motion, was filed six months beyond 90-day time limit imposed under 8 C.F.R. § 1003.2(c)(2), and that he did not present changed circumstances arising in China that would have provided for exception to time limit.
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| Saloum v. United States Citizenship & Immigration Servs., Docket No. 04-2872-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 6, 2006, Decided
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Overview: An alien, whose request for a waiver of inadmissibility under 8 U.S.C.S. § 1182(d)(11) was denied by an IJ, was not entitled to review of the IJ's decision where the appellate court lacked jurisdiction under 8 U.S.C.S. § 1252(a)(2)(B)(ii) to review the alien's claims as he failed to raise any constitutional claims under 8 U.S.C.S. § 1252(a)(2)(D).
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| Shou Yong Chen v. United States DOJ, No. 03-41064-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 6, 2006, Decided
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Overview: Alien's petition for review was denied, under 8 U.S.C.S. § 1252(b)(4)(B), insofar as it sought review of his denial of asylum and withholding of removal where, because IJ's adverse credibility finding was based on specific examples of inherently improbable testimony and contradictory evidence, BIA was not in error when it affirmed IJ's decision.
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| Singh v. Gonzales, No. 05-3160-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 6, 2006, Decided
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Overview: BIA properly found alien's ineffective assistance of counsel claim untimely filed where there was no indication that equitable tolling of 90-day period for filing a motion to reopen, under 8 C.F.R. § 1003.2(c)(2), applied because alien provided no explanation as to why he delayed filing claim, or if any diligence was exercised with regard to claim.
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| Yong Fen Chen v. Bureau of Citizenship & Immigration Servs., No. 04-2576-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 6, 2006, Decided
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Overview: Adverse credibility finding and denial of asylum were supported by substantial evidence because the IJ reasonably concluded that the alien's explanation about his failure to provide affidavits was inadequate and that discrepancies between his testimony and an airport interview about his Falun Gong association were central to his persecution claim.
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