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| Arias-Gomez v. Keisler, 06-1952-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 10, 2007, Decided
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Overview: The petition for review was denied. Defendant did not actually file a special motion under 8 C.F.R. § 1003.44, and had he done so, the BIA would have been under no compulsion to grant it. 8 C.F.R. § 1003.44 did not extend the deadline of July 23, 2001, for motions under 8 C.F.R. § 1212.3.
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| Bah v. Gonzales, No. 06-4579-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 10, 2007, Decided
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Overview: An IJ's adverse credibility determination was supported by substantial evidence because alien was not familiar with basic details of his political party, alien was unable to explain adequately how he obtained his party registration card, and there were inconsistencies between allegations of abuse in the alien's written statement and oral testimony.
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| Ben Kui Chen v. Keisler, 06-4799-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 10, 2007, Decided
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Overview: Where alien claimed that he faced persecution in China because he was a Christian, IJ's adverse credibility finding was supported by substantial evidence because a letter from alien's church and alien's testimony contained inconsistencies regarding when alien became a Christian believer and the inconsistencies went to the heart of the asylum claim.
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| Elbahja v. Keisler, Docket No. 06-2671-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 10, 2007, Decided
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Overview: Alien's petition for review was denied. It was not abuse of discretion for IJ to decline to grant multiple continuances in order to permit processing of removable alien's pending labor certificate application. At the time of the alien's March 4, 2005, hearing before the IJ, the alien was only at the first step in a long and discretionary process.
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| Netsajeva v. Keisler, 03-4412-ag (L); 16 03-4449-ag (Con); 03-4450-ag (Con),
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 10, 2007, Decided
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Overview: Because only the district director had the authority under 8 C.F.R. § 1240.57 to adjust the period during which an alien might voluntarily depart the United States, the Board of Immigration Appeals did not abuse its discretion in denying a motion to reopen in which an alien requested an extension of the voluntary departure period.
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| Nikocevic v. Dep't of Homeland Sec., 06-4816-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 10, 2007, Decided
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Overview: Where an alien challenged IJ's factual determination that alien testified inconsistently about when he last entered United States and that alien provided no corroboration to definitively establish date of his arrival, court lacked jurisdiction under 8 U.S.C.S. § 1158(a)(3) to review IJ's decision to pretermit alien's asylum application as untimely.
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| Prosperity Partners, Inc. v. Bonilla, (05-4234-cv),
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 10, 2007, Decided
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| Tjhin v. Keisler, 06-5904-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 10, 2007, Decided
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Overview: Because the BIA properly found that the alien failed to establish past persecution or a well-founded fear of persecution, denial of withholding of removal was proper. As alien's experiences did not involve direct physical harm or a threat to the alien's life or freedom, even in the aggregate, her experiences did not rise to level of persecution.
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| United States v. Johnson, Docket No. 05-3811-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 10, 2007, Decided
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Overview: Defendant's conviction and sentence were affirmed. District court did not err by declining to adopt approach that would have decreased sentencing disparities between defendant and any similarly-situated state defendant but increased sentencing disparities between defendant and any similarly-situated federal defendant prosecuted in different states.
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