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| Hui Lin v. Keisler, 06-4322-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 9, 2007, Decided
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Overview: Substantial evidence under 8 U.S.C.S. § 1252(b)(4)(B) supported an adverse credibility finding underlying the denial of asylum for a Chinese alien because the alien omitted religious incidents from both his airport and credible fear interviews, which were reliable, and an IJ reasonably declined to credit the alien's explanation for the discrepancy.
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| In re Flanagan, Docket Nos. 04-5638-bk(L), 06-0731-bk(XAP),
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 9, 2007, Decided
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Overview: Where a debtor's receipt of a loan from his father was conditioned upon his use of the loan funds to pay creditors' judgment, earmarking doctrine protected the payment to creditors from avoidance under 11 U.S.C.S. § 547(b); however, the payment was voidable to extent that the debtor encumbered previously unencumbered property to enable the payment.
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| Jian Feng Luo v. United States Immigration & Customs Enforcement, 05-5869-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 9, 2007, Decided
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Overview: Alien was not prejudiced by ineffective assistance because alien's own dishonest acts caused denial of adjustment of status. Second attorney's failure to submit country conditions report and psychological report regarding emotional hardship did not prejudice alien because it was not likely that the documents would have changed proceeding's outcome.
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| Mehmood v. Keisler, 06-1956-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 9, 2007, Decided
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Overview: A deadline for filing a motion to reopen was not tolled based on counsel's failure to notify alien of outcome of appeal to BIA because record indicated that order dismissing appeal was mailed to address provided by alien. Assertion that alien relocated did not rebut presumption of receipt because alien was required to give notice of address change.
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| Ru Lai Zhang v. Keisler, 04-2957-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 9, 2007, Decided
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Overview: BIA did not abuse its discretion in declining to reopen proceedings based on birth of an alien's daughter and documents regarding China's birth control policies because a single U.S.-born daughter did not create eligibility for asylum and there was no indication that documents upon which alien relied were newly discovered or previously unavailable.
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| United States v. Floyd, No. 06-0557-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 9, 2007, Decided
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Overview: Although a district court abused its discretion by failing to comply with the interest-of-justice determination requirement of Fed. R. Crim. P. 32.1 by allowing officer to read into record hearsay statement of complaining witness, but error was harmless, as there was still ample evidence to find defendant's guilt based on preponderance of evidence.
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| United States v. Schwamborn, No. 07-3282-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 9, 2007, Decided
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Overview: District court's order denying motion for release pending trial was not clearly erroneous because government's initial proffer sufficiently proved that defendant was likely to attempt to obstruct justice based on his threats and plots to injure witnesses in the instant and other cases and his position as an associate of an organized crime family.
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| Xiao Jun Cao v. Bd. of Immigration Appeals, 05-1303-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 9, 2007, Decided
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Overview: Pursuant to substantial evidence standard of 8 U.S.C.S. § 1252(b)(4)(B). an IJ properly made an adverse credibility determination and denied Chinese citizen's asylum application where there were inconsistencies between written application and testimony regarding matter central to citizen's claim that he was leader in pro-democracy student movement.
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| Yenny Wibisono Oei v. Keisler, 05-6144-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 9, 2007, Decided
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Overview: BIA did not abuse its discretion in finding that Indonesian citizen failed to present evidence of changed country conditions sufficient to establish eligibility for withholding of removal, pursuant to 8 U.S.C.S. § 1229a(c)(7)(C)(ii), where a State Department report indicated that there were notable advances in interreligious tolerance in Indonesia.
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