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| Bala v. Gonzales, No. 03-4044,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 14, 2006, Decided
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Overview: Although alien's internment in a labor camp in the 1950s did constitute persecution, changed conditions in Albania defeated the alien's asylum claim based on that internment. Threats the alien received more recently, and termination of his governmental employment, did not mandate a finding of past persecution.
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| Ford v. Reynolds, 04-4608-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 14, 2006, Decided
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Overview: Where defendants presented uncontroverted evidence that they banned certain speakers and refused to pay them, not based on the content of their anticipated speech, but instead based on a failure to follow college policies, the district court properly dismissed the speakers' First Amendment claims.
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| Kourkounakis v. Dello Russo, 05-2927-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 14, 2006, Decided
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Overview: District court did not abuse discretion in finding that physician was not qualified to testify as expert on medical malpractice claim as to adequacy of procedures followed by another doctor during patient's LASIK eye surgery where physician had not practiced medicine since mid-1990s, had never performed LASIK surgery, and had not examined patient.
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| Singh v. Bd. of Immigration Appeals, Docket No. 03-4704,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 14, 2006, Decided
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Overview: Petition for review of decision denying asylum, 8 U.S.C.S. § 1158(b), and withholding of removal, 8 U.S.C.S. § 1231(b)(3), was denied where, while there was error in IJ's reasoning concerning two specific bases for adverse credibility determination, there existed ample, error-free grounds that provided substantial evidence to support determination.
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| Singh v. Bd. of Immigration Appeals, Docket No. 03-4704,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 14, 2006, Decided
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Overview: A petition for review of the denial of asylum under 8 U.S.C.S. § 1158(b) was denied because, although there was error in an IJ's reasoning concerning two specific bases for his adverse credibility determination, there were ample, error-free grounds founded on substantial evidence that supported the IJ's adverse credibility determination.
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| United States v. Munroe, No. 05-3806-cr, 05-3807-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 14, 2006, Decided
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Overview: Defendant's sentence was not unreasonable where, in accordance with 18 U.S.C.S. § 3553, the district court properly used the applicable U.S.S.G. range as its starting point, expressly took account of defendant's extensive criminal history, and emphasized the need for deterrence in justifying its decision to sentence defendant to consecutive terms.
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