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| Worster v. Carlson Wagonlit Travel, Inc., No. 05-0716-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 13, 2006, Decided
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Overview: Grant of summary judgment to employer was affirmed where employee's transfer and retention in a new position did not constitute adverse employment actions within meaning of ADA and FMLA, and employee did not present evidence sufficient for a rational factfinder to conclude that employer's explanations for its termination of employee were a pretext.
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| Xiang Jin Li v. United States DOJ, No. 04-6020-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 13, 2006, Decided
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Overview: Alien's petition for review of the decision denying her applications for asylum and withholding of removal was denied where the asylum interview was properly conducted and, because the IJ pointed to specific aspects of the alien's demeanor that made her testimony questionable, the IJ's findings regarding the alien's demeanor were given deference.
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| Xiang Yang v. Gonzales, 04-0952-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 13, 2006, Decided
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Overview: In the absence of credible testimony, pursuant to 8 C.F.R. § 1208.16(c)(2), an alien failed to carry his burden of proof to show that it was more likely than not he would be tortured if returned to China. Thus, the Board of Immigration Appeals did not err in denying the alien's request for relief from removal under the Convention Against Torture.
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| Xin Qi Ruan v. Gonzales, No. 04-5412-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 13, 2006, Decided
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| Yun Qing Xiao v. Bd. of Immigration Appeals, No. 04-3215-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 13, 2006, Decided
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| Zheng Zhong Chen v. Gonzales, Docket No. 04-6554-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 13, 2006, Decided
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Overview: An alien's second motion to reopen his removal proceedings was properly denied by the BIA where the alien did not qualify for the untimely motions exception under 8 C.F.R. § 1003.2(c)(3)(ii) as he failed to show either changed circumstances in China affecting his situation, or that new, material evidence could not have been previously submitted.
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