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| M.H. ex rel. A.H. v. Monroe-Woodbury Cent. Sch. Dist., No. 06-2225-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 12, 2007, Decided
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Overview: Because court was required to give due weight to state review officer's conclusion that school district's IEP was reasonably calculated to enable student to receive educational benefits and preponderance of evidence did not demonstrate that IEP was inadequate, parents were not entitled to tuition reimbursement for placing student in private school.
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| Abochoayra v. Gonzales, 06-5518-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 12, 2007, Decided
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Overview: Evidence describing ongoing human rights abuses in Egypt did not justify granting an alien's motion to reopen pursuant to 8 U.S.C.S. § 1229a(c)(7)(C)(ii) because the evidence did not demonstrate changed country conditions that were relevant to the alien's claim as a Sunni Muslim considered suspect due to his association with non-Sunni Muslims.
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| Bing Song Chen v. Keisler, 07-0560-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 12, 2007, Decided
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Overview: Substantial evidence supported IJ's adverse credibility determination regarding Chinese asylum applicant where IJ based her finding that applicant was not credible on his inability to consistently recite his arrest dates. Applicant could not rehabilitate his testimony when he failed to corroborate evidence about his mother's fines for "overbirths."
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| Church Ins. Co. v. Trippe Mfg. Co., 06-0369-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 12, 2007, Decided
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Overview: An insurer was properly denied a Fed. R. Civ. P. 59 new trial in its suit against a manufacturer of surge suppressors for fire damages because there was no abuse of discretion in substituting the insured as the named plaintiff in the suit, particularly as neither the insured not its insured were indispensable parties, and there was no prejudice.
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| De Calderon v. Keisler, No. 07-0660-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 12, 2007, Decided
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Overview: Where alien sought to reopen removal proceedings based on ineffective assistance of counsel, the Board of Immigration Appeals did not abuse its discretion in denying the motion because alien failed to proffer evidence showing that the result of alien's removal proceedings would have been different had the alien's prior attorney acted differently.
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| Hua Fang Chen v. Keisler, 06-3740-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 12, 2007, Decided
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Overview: IJ's conclusion that alien did not demonstrate a well-founded fear of persecution under China's family planning policy was supported by substantial evidence because alien had only one child and background materials indicated that an individual from a rural area whose first child was female was allowed to apply for permission to have second child.
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| Jin Xiang Chen v. Keisler, 06-5679-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 12, 2007, Decided
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Overview: Under 8 U.S.C.S. § 1252(b)(4)(B) IJ's adverse credibility determination regarding a Chinese asylum applicant, as a whole, was supported by substantial evidence. Applicant's testimony was inconsistent regarding events surrounding his wife's alleged forced sterilization and as event was central to claim, inconsistencies supported IJ's determination.
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| Khulumani v. Barclay Nat'l Bank Ltd., Docket Nos. 05-2141-cv, 05-2326-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 12, 2007, Decided
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| Matya v. Dexter Corp., No. 06-2327-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 12, 2007, Decided
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Overview: Summary judgment was properly granted in favor of a former employer in a former employee's ADA lawsuit because the employee failed to present a prima facie case of discrimination under the ADA since he did not present any evidence showing that he was substantially limited in any major life activities by his depression.
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