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| Acosta Cabrera v. Keisler, 05-3243-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 2, 2007, Decided
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Overview: The petition for review was denied. The BIA properly held that the alien did not qualify for naturalization. Because the alien acquired lawful permanent resident status through fraud, the BIA determined that he was never lawfully admitted for permanent resident status under 8 C.F.R. § 1001.1(p).
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| Baker v. Urban Outfitters, Inc., No. 06-2753-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 2, 2007, Decided
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Overview: As no judgment of dismissal, set forth in separate document as required by Fed. R. Civ. P. 58(a), was entered until September 14, 2007, judgment of dismissal was effectively entered on July 14, 2005, 150 days after February 14, 2005, entry of district court's dismissal order. Defendants' fee motion fell within this time period and was timely filed.
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| Blake v. Keisler, No. 03-40703-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 2, 2007, Decided
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Overview: Because the alien was legitimated under Jamaican law by his father's registration of his name on his son's birth certificate, the court could identify no legal error in the BIA's conclusion that the alien did not qualify for automatic citizenship pursuant to 8 U.S.C.S. § 1432(a)(3)-(5) (repealed).
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| Chang Hua Jiang v. Bd. of Immigration Appeals, 07-0322-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 2, 2007, Decided
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Overview: Court denied a Chinese citizen's motion to reopen deportation proceedings and rescind an in absentia deportation order where citizen failed to exercise due diligence because he waited eight years after entry of deportation order before filing motion to rescind. Birth of citizen's children in U.S. also did not establish changed country conditions.
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| Digiovanni v. FAA, No. 05-2747-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 2, 2007, Decided
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Overview: Review of Federal Aviation Administration's (FAA) denial of petitioner's request to revise agency regulations allowing Class D controlled airspace to revert to Class G uncontrolled airspace during times when airport traffic control tower was closed was denied as the court could not identify abuse of agency discretion in challenged denial.
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| Islam v. Keisler, 06-5868-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 2, 2007, Decided
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Overview: The petition for review was denied. The alien's October 2005 motion to reopen was untimely and the BIA reasonably found that the 2004 State Department Country Report, which the alien submitted in support of his motion, did not establish changed country conditions in Bangladesh warranting the reopening of his proceedings.
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| Noble v. Keisler, Docket No. 05-3915-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 2, 2007, Decided
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Overview: The court lacked jurisdiction to consider petitioner's challenge to a BIA decision to vacate an IJ's decision granting petitioner waiver of inadmissibility under 8 U.S.C.S. § 1182(c) (repealed) because balancing factors and finding that petitioner's outstanding equities did not outweigh his criminal history was an exercise of the BIA's discretion.
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| Rubin v. Assicurazinoi Generali S.P.A., No. 07-1380-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 2, 2007, Decided
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Overview: Because the notice of settlement provided to potential class members appeared inadequate in light of the United States Supreme Court's comments in Amchem Products, Inc. v. Windsor, the appellate court remanded, under the procedure set out in United States v. Jacobson, so that appropriate notice could be given in an expeditious manner.
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| Shafiq v. United States DOJ, No. 06-5560-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 2, 2007, Decided
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Overview: As there was no record evidence the alien entered or resided in the United States prior to his entry in March 2004, he failed to satisfy the entry and residence requirements necessary to qualify for benefits under the Family Unity Amendments to the Legal Immigration Family Equity Act, Pub. L. No. 106-554 § 1504, 114 Stat. 2763, 2763A-324 (2001).
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