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| Darragjati v. Keisler, 03-4816-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 16, 2007, Decided
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Overview: Where petitioner alien had failed to exhaust her administrative remedies with regard to any arguments pertaining to an in absentia order of removal, the court lacked jurisdiction to review her petition.
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| Kaur v. Gonzales, 03-4699-ag(L); 03-4700-ag(con); 03-4702-ag(con); 03-4703-ag(con); 03-4706-ag(con) NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 16, 2007, Decided
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Overview: Substantial evidence under 8 U.S.C.S. § 1252(b)(4)(B) supported an adverse credibility finding to deny asylum and withholding of removal for Indian aliens because they testified inconsistently as to whether one of them was beaten during two separate arrests, and supporting documents did not corroborate a claim regarding activity in an organization.
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| Leonard-Santana v. United States DOJ, 05-6307-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 16, 2007, Decided
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Overview: Petitioner alien's petition for review of the denial of his application for asylum application and related relief was denied; the claim that the IJ applied an erroneous legal standard to his CAT claim was meritless, and the alien had not established that the denial of a continuance interfered with his right to full and fair hearing.
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| Quan Mei Chen v. Dep't of Homeland Sec., No. 04-6274-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 16, 2007, Decided
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Overview: Denial of asylum was remanded because the IJ made no explicit credibility finding and the BIA violated 8 C.F.R. § 1003.1(d)(3)(i) by finding the alien incredible based on an inconsistency that the IJ had not found and faulted the alien for not providing corroborating documentation without identifying the documentation expected.
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| Shechet v. Favali, No. 06-4362-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 16, 2007, Decided
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| Transp. Workers Union, Local 100 v. N.Y. City Transit Auth., Docket No. 06-3016-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 16, 2007, Decided
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Overview: District court erred in granting plaintiffs' motion for certification under Fed. R. Civ. P. 54(b). District court's conclusion that all claims involving bus operators were determined was questionable as questions surrounding sick leave abuse and safety-sensitivity of various other job titles were likely to be raised in subsequent appeal.
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| United States v. Grillet, No: 06-0553-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 16, 2007, Decided
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| United States v. Nadal, No. 06-2924-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 16, 2007, Decided
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Overview: Judgment of the district court, revoking defendant's term of supervised release and sentencing him to 18 months' imprisonment, was affirmed because no notice of the district court's intent to impose a sentence above the policy range recommended by the U.S. Sentencing Commission was required in the supervised release context.
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| Yi Yuan-Pan v. Keisler, 07-0622-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 16, 2007, Decided
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Overview: The BIA properly denied an alien asylum on account of the forced abortion of a woman he considered his wife because he did not demonstrate that residing with and impregnating his fiance alone constituted "other resistance" to a coercive population control program or that he faced the possibility of sterilization in China.
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