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| United States v. Lopez, No. 05-3709-cr(L), 05-5653-cr(Con),
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 12, 2007, Decided
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Overview: Sentences imposed on Booker remand for defendants, who were convicted of a RICO conspiracy and a conspiracy to distribute and possess with intent to distribute cocaine base, were reasonable since the sentencing court considered the relevant 18 U.S.C.S. § 3553(a) factors, including the seriousness of the offenses and defendants' criminal histories.
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| United States v. Nunez, No. 06-0647-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 12, 2007, Decided
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Overview: Defendant's argument that district court failed to considered factors enumerated in 18 U.S.C.S. § 3553 prior to revoking defendant's term of release was barred by the law of the case doctrine because the court, in denying defendant's motion to remand for resentencing, previously held that the district court properly considered the § 3553 factors.
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| United States v. Tyson, 06-1727-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 12, 2007, Decided
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Overview: Although district court's views on whether defendant willfully and materially committed perjury by intentionally giving false testimony could have been inferred from findings that district court did make, the case was remanded because district court did not make explicit, specific findings with respect to an enhancement for obstruction of justice.
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| Xiao Lan Ye v. Bureau of Citizenship & Immigration Servs., 06-4247-ag (L); 06-4250-ag (con); 07-0085-ag (con) NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 12, 2007, Decided
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Overview: Chinese aliens were not entitled to a petition for review of the BIA's denial of several motions to reopen, particularly as the issuance of a letter from the BIA mistakenly informing the aliens that their asylum claims had been granted was not affirmative government misconduct warranting application of the doctrine of equitable estoppel.
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| Xiao Mei Hong v. Gonzales, 06-5731-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 12, 2007, Decided
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Overview: Where alien's motion to reopen was untimely under 8 C.F.R. § 1003.2(c)(2), a claim of ineffective assistance of counsel did not excuse the untimeliness because the alien did not comply with procedures for presenting ineffective assistance claim to BIA and the facts supporting an ineffective assistance claim were not clear on the face of the record.
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| Yan Qing Qiu v. Keisler, 07-1001-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 12, 2007, Decided
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Overview: An IJ correctly denied a Chinese applicant's asylum application. The applicant was not automatically eligible for asylum based on the forced sterilization of her mother and aunts, and because the applicant herself did not suffer forced sterilization by family planning officials, she did not establish that she suffered past persecution, as required.
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