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| Li Jun Wang v. United States INS, No. 02-4527-ag,
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 it was reasonable to conclude that the failure to mention at an airport interview that Chinese authorities forced an alien to undergo an abortion was an omission of sufficient materiality to support an adverse credibility finding where the interview bore indicia of reliability.
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| Pan v. I.N.S., No. 02-4364-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 16, 2006, Decided
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Overview: IJ did not find that inconsistencies in alien's claim about his threatened sterilization contaminated consistent testimony (albeit vague) he gave regarding his wife's sterilization; case was remanded so BIA could determine whether alien's adverse testimony as to his threatened sterilization was fatal to claim regarding his wife's sterilization.
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| Qin Yun Chen v. Gonzales, No. 03-40241 NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 16, 2006, Decided
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Overview: An alien's petition for review was granted where the BIA explicitly made "no determination" regarding an IJ's adverse credibility finding and indicated that it upheld the IJ's determination that the alien presented insufficient evidence, but the IJ's sole basis for denial of asylum and withholding of removal was his adverse credibility finding.
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| Sangare v. Gonzales, No. 03-4199-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 16, 2006, Decided
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| Tibbetts v. Dittes, No. 05-0694-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 16, 2006, Decided
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| United Haulers Ass'n v. Oneida-Herkimer Solid Waste Mgmt. Auth., Docket No. 05-2024-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 16, 2006, Decided
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Overview: Dismissal of trash haulers' dormant commerce clause challenge to municipal garbage flow control ordinances was affirmed because the challenged laws did not treat similarly situated in-state and out-of-state business interests and the local benefits of the flow control measures substantially outweighed any burden placed on interstate commerce.
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| United States v. Dixon, No. 04-2962-CR,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 16, 2006, Decided
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Overview: Evidence was sufficient to support defendant's conviction of murdering an individual in order to obstruct justice in violation of 18 U.S.C.S. § 1512(a)(1)(c) where a reasonable jury could have inferred that the individual, who had cooperated with local police, possibly would have aided the federal agents then-investigating the "Patio Crew" as well.
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| United States v. Harris, Nos. 05-2479-cr, 05-2486-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 16, 2006, Decided
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Overview: Introduction into evidence of the second defendant's redacted post-arrest statement at defendants' joint trial did not violate the first defendant's Sixth Amendment confrontation right where the second defendant's inculpatory statement was redacted so that the statement standing alone did not otherwise connect the first defendant to the crime.
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| United States v. Munoz, No. 05-0730-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 16, 2006, Decided
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Overview: Imposition of a six-level enhancement pursuant to U.S. Sentencing Guidelines Manual § 2S1.1(b)(1)(B) in sentencing defendant for money laundering was affirmed because the district court's independent finding that defendant knew or believed that the laundered funds were the proceeds of illegal narcotics trafficking was not clearly erroneous.
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