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| Chao Chen v. Gonzales, No. 04-4521-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 15, 2006, Decided
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Overview: Substantial evidence supported IJ's finding that alien was not credible. First, IJ properly found that, because alien had little exposure to Falun Gong in China and proved little commitment to it in U.S., he failed to establish a well-founded fear of persecution; second, IJ properly placed emphasis on alien's demeanor as he was testifying.
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| JSC Surgutneftegaz v. President & Fellows of Harvard College, No. 05-4364-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 15, 2006, Decided
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Overview: A company's petition to stay arbitration of the holder's securities law claims that the company failed to pay dividends was denied because the parties' intent to commit the question of arbitration to an arbitrator was demonstrated by the broad terms of an arbitration clause in a deposit agreement and by the incorporation of arbitration rules.
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| Jian Ming Chen v. United States DOJ, No. 04-4989-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 15, 2006, Decided
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Overview: BIA did not err in denying a Chinese citizen's motion to reopen with regard to asylum and withholding of removal claims because a summons--which was new evidence--would have had no material effect on his failure to establish one of the five statutorily protected grounds for asylum and withholding of removal under 8 U.S.C.S. § 1101(a)(42).
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| Kurtishi v. INS, Nos. 04-4407-ag (L); 04-4408-ag (Con) NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 15, 2006, Decided
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Overview: BIA did not abuse discretion in denying motion to reopen deportation proceedings, 8 C.F.R. § 1003.2. Only information presented that was previously unavailable or undiscoverable at time of previous motion to reopen was Department of State 2002 Country Report on Human Rights Practices in Macedonia; report pointed to improvement in conditions.
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| Li Xin Yu v. Gonzales, No. 04-4580-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 15, 2006, Decided
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Overview: BIA did not abuse its discretion in denying an alien's motion to reconsider its order affirming the denial of asylum and withholding of removal because the motion restated the same arguments already raised in his initial appeal to the BIA, which concerned the IJ's reliance on an airport statement in making an adverse credibility determination.
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| Lihang Li v. Gonzales, No. 04-3343-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 15, 2006, Decided
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Overview: The petition for review was denied. Despite IJ's errors, the evidence so overwhelmingly supported the IJ's ultimate conclusion--that the alien did not show the requisite probability of torture upon her return to China--that notwithstanding identified errors, there was no realistic possibility of a different result on remand.
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| Sadler v. Supreme Court of Conn., 05-2276-PR,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 15, 2006, Decided
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| Seljimanjin v. INS, No. 04-5468-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 15, 2006, Decided
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Overview: An alien's petition for review was denied. Substantial evidence supported the IJ's adverse credibility finding. The IJ reasonably concluded that the alien's testimony and that of his wife and father were substantially inconsistent on material matters which involved the heart of the asylum claim and were not minor and isolated disparities.
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| Smith v. Collins, No. 05-1535-pr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 15, 2006, Decided
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