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| United States v. Vale, No. 06-0942-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 5, 2007, Decided
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Overview: A district court properly used USSG § 2B1.1, applicable for fraud, to calculate a defendant's sentencing range for his contempt conviction; USSG § 2J1.1 required the court to employ the most analogous offense level in calculating the defendant's sentencing range, and the defendant concealed his knowing and deliberate violations of court orders.
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| Wang Zhou v. Keisler, 06-5852-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 5, 2007, Decided
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Overview: Where a Chinese alien failed to sufficiently challenge the denial of his asylum and related applications, in any event substantial evidence under 8 U.S.C.S. § 1252(b)(4)(B) supported an adverse credibility finding to deny the applications since an IJ found implausible the alien's uncorroborated claims regarding fear of family planning authorities.
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| Yan Qin Yang v. Dep't of Homeland Sec., No. 04-5222-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 5, 2007, Decided
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Overview: Under 8 U.S.C.S. § 1252(b)(4)(B), substantial evidence supported adverse credibility finding and denial of asylum to a Chinese applicant. Applicant did not show necessary past political persecution or well-founded fear of future persecution and IJ properly opined that applicant had abortion due to social pressure and not Chinese birth control laws.
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| Yun Yan Lin v. Keisler, 07-1498-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 5, 2007, Decided
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Overview: Under 8 U.S.C.S. § 1252(b)(4)(B) cumulative substantial evidence supported IJ's adverse credibility finding regarding Chinese citizen and determination that she did not show eligibility for asylum where there were discrepancies between her testimony and record evidence that were material to her claim and there was inadequate corroborating evidence.
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