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| Ming Wei Zheng v. Keisler, 07-0637-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 12, 2007, Decided
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Overview: Although a Chinese alien substantially complied with the requirements for an ineffective assistance of counsel claim, he was denied a petition for review of the denial of a motion to reopen since he did not demonstrate prejudice because his evidence would not have led to reopening since the BIA had already rejected this evidence as not credible.
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| Pachter v. Bernard Hodes Group, Inc., Docket No. 06-3344-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 12, 2007, Decided
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Overview: Resolution of case turned on undecided questions arising under N.Y. Lab. Law § 193, art. 6: whether executive was "employee," and consequently covered by its provisions limiting deductions from wages; and when were commissions "earned" and consequently "wages" which were subject only to limited subsequent deductions, so questions were certified.
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| Patalano v. Am. President Lines, 06-4870-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 12, 2007, Decided
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Overview: In a negligence lawsuit, a shipping company was properly denied a Fed. R. Civ. P. 50(b) motion for judgment as a matter of law since the district court did not err in determining that whether the shipping company discharged its duty to the longshoremen and whether the longshoremen were engaged in repairs were issues properly resolved by the jury.
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| Printemps v. Keisler, 06-5903-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 12, 2007, Decided
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Overview: IJ's adverse credibility determination was supported by substantial evidence because statements that an alien made at his asylum interview and testimony alien gave at his hearing contained significant discrepancies concerning the number of times alien was arrested and whether alien's brother was killed because of the alien's political activities.
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| Shan Yu Chen v. Keisler, 07-1466-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 12, 2007, Decided
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Overview: Substantial evidence under 8 U.S.C.S. § 1252(b)(4)(B) supported the denial of asylum for Chinese aliens because the fact that one alien lodged complaints with the government regarding extortion by transportation officials and the fact that the alien was detained for one date without any mistreatment was insufficient to show past persecution.
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| Smith v. City of Albany, 06-1958-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 12, 2007, Decided
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Overview: Fed. R. Civ. P. 56(c) summary judgment was properly granted for city, a demolition contractor, and others in a building owner's suit based on the failure to grant him a pre-demolition hearing since the owner failed to create an issue of fact as to the objective reasonableness of the belief that the building posed an imminent danger to the public.
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| Su Kyeong Lee v. Keisler, No. 07-2571-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 12, 2007, Decided
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Overview: Applicant's petition for bail was motto where government, which first opposed applicant's motion for bail, now agreed that applicant's release was proper.
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| Tan Hui Yu v. Kiesler, No. 03-40755-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 12, 2007, Decided
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Overview: The Board of Immigration Appeals did not abuse its discretion in denying a motion to reopen filed by a Chinese alien because the alien's motion was not timely filed, and he failed to demonstrate changed country conditions or a prima facie case it was more likely than not that he would be tortured if he was returned to China.
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| United States v. Cilia, 06-1679-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 12, 2007, Decided
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Overview: Even though defendant agreed to defer a debt for a few days, the evidence was sufficient to convict defendant of attempting to collect an extension of credit by extortionate means, in violation of 18 U.S.C.S. § 894, because the government established that defendant extended credit before any extortionate collection methods were used.
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| United States v. Harriman, 06-1954-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 12, 2007, Decided
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Overview: Any error committed by district court in considering for sentencing purposes information that was used by government in violation of post-plea proffer agreement was harmless because purportedly prejudicial information indicating that defendant traded guns for cocaine was included in a presentence investigation report that defendant did not contest.
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