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| Kamana v. Keisler, 07-0172-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 15, 2007, Decided
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Overview: Under 8 U.S.C.S. § 1252(b)(4)(B) substantial evidence supported IJ's finding that asylum applicant was not credible and that he failed to establish key element of his claim for relief--his Burundian identity. IJ reasonably found applicant's inability to speak Kirundi, the Burundian native language, inconsistent with claim of Burundian nationality.
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| Limani v. Bureau of Citizenship & Immigration Servs., 03-40594-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 15, 2007, Decided
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Overview: An alien failed to demonstrate changed country conditions sufficient to merit reopening deportation proceedings under 8 C.F.R. § 1003.2(c)(3)(ii) because the alien did not explain how circumstances had changed in Macedonia in the ten years since the alien filed his last motion or how such changes would affect the alien.
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| Martin v. Martin, No. 06-3816-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 15, 2007, Decided
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Overview: District court was within its discretion when it sua sponte dismissed without prejudice plaintiff's action under 28 U.S.C.S. § 1915(e)(2)(B)(i) for lack of personal jurisdiction.
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| McInerney v. Rensselaer Polytechnic Inst., Docket No. 06-1746-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 15, 2007, Decided
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Overview: District court erred in ruling that plaintiff, a failed doctoral candidate, had an obligation to present his claims to the EEOC under Titles III and V of the ADA. There was no administrative-exhaustion requirement for ADA Title III claims (public accommodation) or Title V claims (retaliation) predicated on asserting one's rights under Title III.
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| Sow v. Keisler, 06-5177-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 15, 2007, Decided
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Overview: Where alien testified that he feared that a rebel who had come into his house in the Congo would kill him, BIA's conclusion that alien did not establish clear probability of persecution was supported by substantial evidence under 8 U.S.C.S. § 1252(b)(4)(B) because when IJ probed alien as to the basis for his fear, alien did not provide any reason.
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| Sun Xi Wu v. Bd. of Immigration Appeals, 06-5449-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 15, 2007, Decided
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Overview: Petition for review was granted. BIA made no finding as to when reasonable person in alien's situation would have discovered his counsel's ineffective assistance; alleged ineffective assistance was critical to merits of the motion to reopen because counsel was charged with falsifying evidence that informed IJ's adverse credibility determination.
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| United States v. Restrepo, 06-0565-cr(L),
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 15, 2007, Decided
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Overview: Where defendant pled guilty to conspiracy to distribute cocaine in violation of 21 U.S.C.S. §§ 846 and 841, a sentence of 293 months' imprisonment was reasonable in light of defendant's refusal to accept responsibility and the fact that defendant was the leader of several codefendants who were engaged in carrying drug proceeds back to Colombia.
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| Vasquez v. United States DOJ, 06-3318-ag, 06-3403-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 15, 2007, Decided
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Overview: Petition for review by petitioners, natives and citizens of Guatemala, was granted. The IJ's decision was vacated, and the case was remanded for further proceedings. The IJ's analysis was often unclear, particularly with respect to what evidence petitioner relied on for each claim and what her specific factual findings were.
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