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   Federal Courts - 2nd Circuit Court of Appeals - February 7, 2006

  
Qinsong Zhang v. United States DOJ, No. 04-2574-ag NAC, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 7, 2006, Decided
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Overview: A petition for review of the denial of asylum was denied because an alien's failure to address or adequately explain his inconsistent testimony concerning the period of time during which he allegedly went into hiding supported an adverse credibility determination since it involved the heart of the asylum claim and was not a minor disparity.

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Shi Guang Dong v. Gonzales, No. 04-2035-ag NAC, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 7, 2006, Decided
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Overview: Review of the dismissal of an alien's appeal from the denial of his application for asylum and withholding of removal was denied because the record supported the IJ's adverse credibility finding; there were material discrepancies in the alien's testimony and submissions and neither the IJ nor BIA were compelled to accept the alien's explanations.

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Tandia v. Gonzales, Docket No. 03-4942, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 7, 2006, Decided
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Overview: An immigrant's application for asylum was improperly denied based on a determination that he found a safe-haven in France because the decision was made after 8 C.F.R. § 208.13(d) was repealed; moreover, an adverse credibility determination was not supported by substantial evidence based on statements in an unrecorded interview.

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United States v. Adeyi, No. 05-1722-cr, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 7, 2006, Decided
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Overview: Conviction for importation and possession of heroin with intent to distribute was upheld. Permitting a government handwriting expert to opine as to the authorship of certain paper found in defendant's luggage and permitting a customs inspector to testify as to his education and training did not constitute plain error under Fed. R. Crim. P. 52(b).

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Zhou Xiao Xiao v. United States DOJ, No. 04-6297-ag NAC, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 7, 2006, Decided
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Zhou Zong Deng v. Gonzales, No. 04-0715-ag NAC, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 7, 2006, Decided
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Overview: An alien was granted a remand after the denial of his motion to reconsider a final order of removal because the BIA abused its discretion in affirming, without clarification, the IJ's finding that the alien did not suffer persecution and had no claim to refugee status when the child he fathered with his girlfriend was forcibly aborted.

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