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| Brofman v. SEC, 05-2549-AG,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 16, 2006, Decided
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Overview: A petition for review of an SEC order was dismissed because substantial evidence supported its finding that a manager aided and abetted the making of material misrepresentations in a fund's prospectuses and sales materials where they stated that the fund was a safe investment when it in fact made use of highly risky investment strategies.
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| Dolma v. Bureau of Citizenship & Immigration Servs., No. 03-4681-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 16, 2006, Decided
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Overview: IJ did not err in denying alien's applications for withholding of removal and CAT relief where substantial evidence, under 8 U.S.C.S. § 1252(b)(4)(B), supported IJ's finding that the evidence fell far short of demonstrating that alien had a well-founded fear of persecution or that it was more likely than not she would have been tortured in Nepal.
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| Hankins v. Lyght, Docket No. 04-0743-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 16, 2006, Decided
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Overview: Dismissal of minister's age discrimination claim was vacated and remanded for reconsideration under the Religious Freedom Restoration Act (RFRA), 42 U.S.C.S. § 2000bb-1, where RFRA was constitutional as applied to federal law, amended the ADEA, and governed the merits of the minister's age discrimination claim.
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| Hot v. INS, No. 02-4640-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 16, 2006, Decided
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Overview: IJ declined to make adverse credibility finding, but instead correctly found alien failed to establish past persecution and well-founded fear of future persecution. Substantial evidence supported IJ's finding that conditions in Montenegro had changed significantly enough so alien's alleged fear of persecution upon his return was not well-founded.
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| Huang v. Bureau of Citizenship & Immigration Servs., No. 03-40336-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 16, 2006, Decided
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Overview: A petition for review of the denial of asylum was denied because a determination that an alien was not persecuted in China on account of religion was based on substantial evidence where the alien offered no evidence that he suffered any threats to life or freedom or was subject to any violence based on the fact that he was Christian.
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| Hui v. Gonzales, No. 04-2942-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 16, 2006, Decided
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Overview: Alien's petition for review of decision denying his application for withholding of removal, 8 U.S.C.S. § 1231(b)(3), was denied where IJ based her adverse credibility determination in large measure on inconsistencies central to alien's withholding claim, and court could not have said that there was insufficient support in record for IJ's finding.
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| IMC Mar. Group, Inc. v. Russian Farm Cmty. Project, Nos. 05-0744, 05-0745,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 16, 2006, Decided
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Overview: District court properly affirmed arbitration panel's awards to ship owners, as panel's decision was not distorted by use of a wrong legal standard, as argued by appellant charterer, but was reasonable and founded upon the totality of the record presented by the parties, and the awards did not indicate a manifest disregard of the law by the panel.
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| Jian Lin v. United States AG, No. 04-6237-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 16, 2006, Decided
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Overview: BIA's denial of asylum and withholding of removal was not supported by substantial evidence because the application sufficiently detailed the nature of the persecution, the alien's testimony demonstrated his command of the "Falun Gong" practice, and the implausibility determinations were improperly based on speculation.
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| Klecher v. Metro. Life Ins. Co., 05-3598,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 16, 2006, Decided
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Overview: Insurance company's decision to deny the claimant's application for long term disability benefits under ERISA was supported by substantial evidence where the independent consulting doctor took into account the claimant's own description of her job duties in determining whether her level of impairment rose to the level of being a disability.
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