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| Lin v. Gonzales, No. 04-2696-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 23, 2006, Decided
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Overview: Alien's petition for review of decision denying relief under CAT was denied where court was not persuaded that any reasonable adjudicator would have been compelled to conclude, contrary to IJ's finding, under 8 U.S.C.S. § 1252(b)(4)(B), that alien made a factual showing that would have warranted relief under CAT due to fear of future sterilization.
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| A. Mie Xie v. Gonzales, No. 04-3903-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 23, 2006, Decided
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Overview: An alien's petition for review of the decision denying asylum was denied where an IJ's adverse credibility determination was based on substantial evidence because, inter alia, the alien's testimony did not include facts as to the details of her alleged forced abortion, the event upon which her claim for relief because of past persecution was based.
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| Colavito v. New York Organ Donor Network, Inc., Docket No. 05-1305-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 23, 2006, Decided
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Overview: Because no evidence supported an intended donee's assertion that defendants intentionally misrepresented to him that a kidney specifically directed to him had been transplanted in another patient, the intended donee was unable to raise a genuine, triable issue of material fact necessary to defeat summary judgment for defendants on his fraud claim.
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| Gjolaj v. INS, No. 04-4317-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 23, 2006, Decided
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Overview: Substantial evidence supported denial of alien's claim for withholding of removal; IJ gave specific, cogent reasons for finding that alien's testimony lacked credibility, including alien's submission of documents the consulate was unable to authenticate and her failure to remember names of candidates in election in which she actively participated.
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| Jing Qi Zhao v. Gonzales, No. 03-40570-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 23, 2006, Decided
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Overview: Petition for review was granted. IJ's adverse credibility was not supported by substantial evidence. The IJ's remarks with regard to how certificates and documents were issued in China were entirely speculative and the aspect of the IJ's adverse credibility determination pertaining to the account of the forcible sterilization was also problematic.
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| Pan Heng Han v. Gonzales, No. 04-3451-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 23, 2006, Decided
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Overview: BIA did not abuse its discretion in refusing to find that the alien's explanation that he was late because his car broke down warranted a relaxation of the filing deadline for his motion to reopen removal proceedings; thus, the BIA properly denied his motion for reconsideration of the denial of the untimely motion to reopen.
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| Stolaj v. United States DOJ, No. 04-6088-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 23, 2006, Decided
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Overview: Aliens were properly denied asylum and withholding of removal because a country conditions report, which stated that there was virtually no evidence that individuals were targeted for mistreatment on political grounds, rendered objectively unreasonable any fear of being persecuted on account of political beliefs if returned to Albania.
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| Ujkaj v. Gonzales, No. 04-6095-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 23, 2006, Decided
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Overview: Where alien claimed that, because of his political activities, he was beaten and kept in jail for an hour, and the "worst incident" he described was when his mother warned him that police were coming and he went elsewhere in Albania where he stayed indoors in hiding, substantial evidence supported finding that alien did not suffer past persecution.
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| Yue Hua Lin v. Gonzales, No. 04-3995-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 23, 2006, Decided
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Overview: Petition for review was denied where IJ's decision was based on substantial evidence, under 8 U.S.C.S. § 1252(b)(4)(B), because IJ's adverse credibility finding was based on specific examples of inherently improbable testimony and contradictory evidence that went to the heart of claim of persecution for violating China's family planning policies.
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