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| Correa-Calagua v. Gonzales, No. 04-1358,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 13, 2006, Decided
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Overview: A petition for review of the denial of a waiver of inadmissibility under 8 U.S.C.S. § 1182(i) was denied because an alien's claim that he was denied due process due to the fact that an immigration judge (IJ) allegedly exhibited bias and conducted the hearing unfairly was rejected where he made no showing of personal bias on the part of the IJ.
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| Dong Fang Zheng v. United States DOJ, No. 04-4729,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 13, 2006, Decided
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Overview: A denial of asylum was not supported by substantial evidence because the IJ did not discuss important, relevant evidence concerning the alien's abortion and based the decision on inappropriate speculation and the unauthenticated application of the alien's husband.
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| Gjelaj v. Dep't of Homeland Sec., No. 04-5547-ag (L); 05-0132-ag (Con) NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 13, 2006, Decided
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Overview: Petition for review was granted. Without a finding on whether the stipulated events constituted past persecution and, if they did, an analysis of whether there was a fundamental change sufficient to rebut the presumption of future persecution, the court was unable to meaningfully review the agency's determination.
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| Gua Zo Lin v. Gonzales, No. 03-4909,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 13, 2006, Decided
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Overview: In asylum and withholding of removal case, IJ summarily dismissed alien's explanations for inconsistencies in his testimony as unsatisfactory without identifying explanations or outlining his reasons for finding them unconvincing. Without some explication, appellate court could not determine whether credibility assessment was supported by record.
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| Hajderasi v. Gonzales, No. 04-2784-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 13, 2006, Decided
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Overview: A petition for review of the denial of asylum was denied because an alien was not denied a fair hearing in violation of due process since he did not show prejudice and, although an immigration judge's (IJ) aggressive questioning might have been impolite or aggressive, the questioning fell within the proper role of an IJ to draw out inconsistencies.
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| Jamison v. Greiner, 04-0177,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 13, 2006, Decided
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Overview: Inmate's habeas petition based on a Brady claim was properly dismissed because a co-defendant's presentence report, not disclosed by the government before trial, had minimal impeachment value and was not prejudicial given overwhelming evidence of guilt of a robbery, including the victim's identifications and currency recovered from the inmate.
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| Liang Xiong Shao v. Gonzales, No. 04-3511-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 13, 2006, Decided
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| Maron v. County of Albany, 05-3354,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 13, 2006, Decided
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Overview: Summary judgment was properly granted to a county, sheriff's department, and officers in an arrestee's § 1983 action for malicious prosecution and false arrest because a reasonable jury could only have found the existence of probable cause at the time of and immediately before the arrest, considering the totality of the circumstances.
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| Morrison v. INS, Nos. 00-4208, 01-4142,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 13, 2006, Decided
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Overview: The BIA abused its discretion in denying a motion to reconsider an asylum claim and in refusing to consider an alien's satisfaction of the refugee definition and past persecution in light of an intervening change in law that favorably altered the legal significance of her evidence of past domestic abuse.
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