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| Asan v. Bureau of Citizenship & Immigration Servs., No. 05-0773-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 17, 2007, Decided
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Overview: Alien was subject to in absentia removal order under 8 U.S.C.S. § 1229a(b)(5)(C) and his motion to reopen removal proceedings was properly denied because his failure to appear was not justified by extraordinary circumstances, he was properly served with notice of his changed hearing date, and he failed to notify court or attorney of address change.
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| Beth Medrash Eeyun Hatalmud v. Spellings, Docket No. 06-0976-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 17, 2007, Decided
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Overview: Where the purposes of a security bond for a temporary restraining order under Fed. R. Civ. P. 65(c), were no longer applicable, the original purpose for a ten percent withholding of Pell Grant funds was no longer present; the institution, which was ineligible for Pell funds, was denied entitlement to the ten percent withheld.
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| Stewart v. Keisler, No. 06-4422-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 17, 2007, Decided
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Overview: Relief under § 212(c) of the Immigration and Nationality Act (repealed) was not available as to convictions arising from plea agreements made on or after April 1, 1997, and alien was charged with removability based on 1999 guilty plea. Even assuming arguendo that BIA's failure to consider claim was error, remand on meritless claim was futile.
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| United States v. Ross, No. 05-6898-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 17, 2007, Decided
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| Westchester Day Sch. v. Vill. of Mamaroneck, Docket No. 06-1464-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 17, 2007, Decided
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Overview: Zoning board's denial of a permit for expansion of a religious school violated the RLUIPA, since the denial of the permit substantially burdened the school's ability to exercise religion in adequate facilities, lacked any factual basis or compelling governmental interest, and was based on undue deference to opposition of a small group of neighbors.
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