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| Assegai v. Bloomfield Bd. of Educ., No. 04-3667-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 7, 2006, Decided
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Overview: A city board of education, its police department, and several municipal employees were properly granted Fed. R. Civ. P. 56 summary judgment in an arrestee's 42 U.S.C.S. § 1983 lawsuit. Except for his malicious prosecution claim, the arrestee's claims were time-barred because the lawsuit was commenced more than three years after his arrest.
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| Dun Zhuo Zheng v. Bd. of Immigration Appeals, No. 04-1988-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 7, 2006, Decided
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Overview: Petition for review was denied. The alien filed motions to reopen with the BIA in August 2001 and in December 2003. He thus filed more motions than 8 C.F.R. § 1003.2(c)(2) allowed. The BIA did not abuse its discretion by holding that the codification of the Chinese family planning policy did not constitute a changed circumstance exception.
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| Gorencavic v. United States DOJ, No. 04-3686-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 7, 2006, Decided
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Overview: IJ correctly denied asylum after finding that current conditions adequately rebutted any presumption of future persecution because, although an alien claimed that he would be arrested if he returned to Montenegro, the government presented evidence that the Yugoslav government passed a law granting amnesty to those who refused to fight in the army.
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| Jean v. Gonzales, No. 04-6421-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 7, 2006, Decided
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Overview: Alien was not entitled to a petition for review of the denial of his application for asylum, withholding of removal, and CAT relief. An IJ's findings that the alien's testimony was not sufficiently detailed as to essential aspects of his asylum and withholding of removal claims was supported by substantial evidence under 8 U.S.C.S. § 1252(b)(4)(B).
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| Jing Qing Zheng v. Gonzales, No. 04-3482-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 7, 2006, Decided
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Overview: Substantial evidence supported an adverse credibility finding and denial of asylum because of the material omissions in the application and the significant inconsistency between an alien's testimony that he attended an underground church and the supporting documentation that he was a member of a government church.
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| Lin She v. Gonzales, No. 04-2639-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 7, 2006, Decided
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| Liyanto v. Gonzales, No. 04-6474-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 7, 2006, Decided
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Overview: BIA did not abuse its discretion in denying an alien's motion to reopen removal proceedings because the new evidence submitted with the motion was either published before the asylum hearing and could have been made available or the information contained in the articles pertained to events that occurred before the asylum hearing.
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| Myftaraj v. Bd. of Immigration Appeals, No. 04-1987-ag (L); 04-1990-ag (Con) NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 7, 2006, Decided
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Overview: Aliens were granted a remand of their asylum claims because, after an alien testified that she was terminated from employment and beaten for her activities with the Democratic Party, the IJ did not engage in a complex and contextual factual inquiry necessary to determine if the persecutors were motivated by the alien's opposition to the government.
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| Pepaj v. Gonzales, No. 04-0797 NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 7, 2006, Decided
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Overview: Although substantial evidence supported IJ's adverse credibility finding regarding alien's testimony about an alleged rape, alien's testimony that she was grabbed off the street in 1997, told she was being arrested based on her membership in a political party, beaten, and detained for three weeks was not "too vague" to support an asylum claim.
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