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| Strumi v. Gonzales, 04-3280-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 15, 2006, Decided
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Overview: An alien was entitled to a remand of his unsuccessful asylum and withholding of removal claims because the BIA, in rejecting an adverse credibility finding, did not explain why his specific allegations of past life-threatening harms, including his beating and firing on account of political activity, were insufficient to constitute persecution.
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| United States v. Garcia, 05-4000-CR,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 15, 2006, Decided
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Overview: District court did not err by making a finding concerning the drug quantity attributable to defendant for sentencing purposes; the district court was obliged to make such a finding. Confrontation Clause did not prohibit consideration of hearsay testimony during sentencing proceedings.
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| Xin Song Lin v. Gonzales, No. 05-0008-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 15, 2006, Decided
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Overview: Substantial evidence supported the BIA's affirmation of a denial of asylum, withholding of removal, and relief under the CAT based on adverse credibility determinations, because, inter alia, a citizen failed to produce documents, such as a lease agreement or a business license, which would have corroborated the claim that he ran a bookstore.
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| Yin Yan Qu v. Gonzales, No. 04-4290-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 15, 2006, Decided
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| Ying Chen v. Gonzales, No. 04-5044-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 15, 2006, Decided
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Overview: The petition for review was granted, the BIA's order was vacated, and the case was remanded to the BIA for further proceedings. The IJ's decision was not supported by substantial evidence as the inconsistencies in the alien's testimony cited by the IJ lent no support to the adverse credibility determination.
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| Zhong Liang v. Bd. of Immigration Appeals, No. 05-0053-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 15, 2006, Decided
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Overview: Where an alien's petition for review of a BIA decision upholding the denial of the alien's application for asylum and other relief, the alien could not obtain review of that initial decision by appealing the denial of his subsequent motion for reconsideration after the time for appeal the initial decision under 8 U.S.C.S. § 1252(b)(2) had ended.
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| Ziemba v. Clark, No. 05-1613-pr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 15, 2006, Decided
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Overview: Corrections employees were properly granted summary judgment on a prisoner's § 1983 claims of retaliation and supervisory liability because there was no evidence that one employee, in restraining him, knew of his lawsuits or that other employees participated personally in constitutional violations or were grossly negligent in supervisory duties.
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