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| Akon v. Gonzales, No. 03-40435-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 17, 2006, Decided
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Overview: BIA abused discretion in finding alien did not meet requirements for showing he suffered ineffective assistance of counsel. Alien complied with Lozada requirements but was never effectively afforded opportunity to present facts showing competent counsel would have acted otherwise and that, had case been heard, result would have been different.
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| Alam v. Gonzales, Docket No. 03-40569,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 17, 2006, Decided
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Overview: Where the BIA denied an alien's second motion to reopen without assessing whether the exception of changed country conditions was met, remand was futile because the BIA's order denying the alien's motion to reconsider addressed and rejected his claims of changed country conditions.
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| Cai Shuan Chen v. Bd. of Immigration Reviews, No. 05-0998-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 17, 2006, Decided
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Overview: Alien's petition for review was denied where petition was untimely filed under 8 U.S.C.S. § 1252(b)(1) as to his first motion to reconsider, and BIA did not abuse its discretion in finding that alien failed to properly file his second motion because it was the second motion and the motion was filed more than nine months after his first was denied.
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| Chen v. Gonzales, No. 05-0950-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 17, 2006, Decided
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Overview: Petition for review of decision denying asylum application was denied where IJ's factual findings were substantially supported by record because IJ relied on lack of specificity and detail in alien's testimony, and on fact that alien failed to offer evidence corroborating his claim that he continued to practice Falun Gong after his arrival in U.S.
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| Dallal v. New York Times Co., No. 05-2924,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 17, 2006, Decided
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Overview: In a copyright infringement action brought by a photographer against a publisher, the district court erred in granting the publisher summary judgment on the basis that the photographer was equitably estopped because there was evidence that the photographer orally objected to the publisher's unauthorized use of his photographs.
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| Jiang Bin Zhen v. Gonzales, No. 05-0704-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 17, 2006, Decided
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Overview: Petition for review of decision denying asylum was denied where IJ's adverse credibility finding was supported by substantial evidence, under 8 U.S.C.S. § 1252(b)(4)(B), and, because no reasonable fact-finder would have been compelled to accept alien's explanations, IJ's finding that testimony was implausible was supported by substantial evidence.
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| Li v. Gonzales, No. 04-6411-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 17, 2006, Decided
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| Meizi Liu v. Bd. of Immigration Appeals, No. 05-0903-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 17, 2006, Decided
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Overview: Of the eight factors relied upon by an IJ in his adverse credibility determination, all but one were faulty. Thus, the IJ's adverse credibility finding was not supported by substantial evidence. This, along with the IJ's demonstrated bias and hostility toward a Chinese citizen, led the court to grant the citizen's petition for review.
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| NLRB v. Am. Med. Response, Inc., Docket No. 05-1148-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 17, 2006, Decided
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Overview: Issuance of subpoena seeking documents related to employer's non-unionized facilities nationwide was affirmed because the NLRB was entitled to extend its investigation of the pending local charge to the employer established "action teams" (which were allegedly subject to "unlawful domination" under 29 U.S.C.S. § 158), regardless of location.
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