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| Adjin v. Bureau of Citizenship & Immigration Servs., Docket Nos. 03-40070 (L), 03-40071 (CON),
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 9, 2006, Decided
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Overview: The BIA properly denied aliens' petition to reopen their removal proceedings, claiming that the BIA gave insufficient consideration to a U.S. State Department report describing worsening conditions in the aliens' home country, because the BIA considered the report and found that the statements in it were insufficient to support the aliens' claims.
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| Binjaku v. Gonzales, No. 04-2794-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 9, 2006, Decided
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Overview: Substantial evidence supported IJ's adverse credibility determination, which was a proper ground on which to find that alien failed to produce sufficient credible evidence to prove his eligibility for asylum, withholding of removal, or relief under CAT as his testimony was the only evidence that his life or freedom would be threatened in Albania.
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| Diallo v. Gonzales, No. 04-1900-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 9, 2006, Decided
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Overview: A withholding of removal claim was remanded to the BIA because an adverse credibility finding was legally erroneous in that it failed to consider the evidence in the record and rested solely on a lack of corroborating evidence and the IJ failed to explain why the testimony and affidavits not produced by the alien were reasonably available.
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| Dian Song Jiang v. Gonzales, No. 04-2830-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 9, 2006, Decided
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Overview: Numerous implausibilities supported IJ's adverse credibility decision, including fact that it was dubious that he was able to simply walk out door of a detention facility after being held for a week. Implausibilities went to heart of alien's asylum claim. Thus, his application for asylum, withholding of removal, and CAT relief was properly denied.
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| Qiu Chen v. United States DOJ, No. 04-6132-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 9, 2006, Decided
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Overview: Substantial evidence supported the denial of asylum based on an IJ's finding that the fear of future persecution was too speculative to be well-founded because the alien, unmarried and without children, pointed to no evidence other than his mother's sterilization to suggest that he or his hypothetical future wife would also be sterilized.
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| Saldana-Camargo v. Gonzales, No. 03-40065-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 9, 2006, Decided
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Overview: A petition for review of a decision denying an application for cancellation of removal was dismissed for lack of jurisdiction because 8 U.S.C.S. § 1252(a)(2)(B)(i) did not provide for appellate review for such discretionary decisions, and amendments to § 1252 did not override the statutory prohibition.
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| Shantlal-Patel v. Gonzales, 04-3337-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 9, 2006, Decided
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Overview: Alien's petition for review of the decision denying asylum was denied where IJ's findings that alien's application was not credible and lacked sufficient corroboration were supported by substantial evidence, under 8 U.S.C.S. § 1252(b)(4)(B), because, inter alia, alien provided no documentation to corroborate that he had been tortured and beaten.
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| United States v. Gotti, Case No. 05-6872-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 9, 2006, Decided
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| United States v. Titemore, Docket No. 05-1380-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 9, 2006, Decided
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Overview: Trooper did not violate the Fourth Amendment by approaching defendant's home's sliding glass door because: (1) the door and porch were part of a principal entranceway; (2) the porch area and lawn were not completely enclosed as there was no fence along a road; and (3) the door was a primary entrance visible to and used by the public.
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