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| Cyrus v. Keisler, Docket No. 05-4194-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 19, 2007, Decided
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Overview: Petition for review was denied insofar as it sought to reopen removal proceedings. Having conceded his firearm conviction--sole basis for finding of inadmissibility--had no statutory counterpart, alien was ineligible for § 212(c), 8 U.S.C.S. § 1182(c) (repealed), relief and ineligible for reopening removal proceedings based on 8 C.F.R. § 1003.44.
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| En Yu Zheng v. Keisler, 07-1246-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 19, 2007, Decided
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Overview: BIA's summary affirmance of IJ's denial of asylum and withholding claims was vacated. IJ failed to view alien's claims of past persecution in aggregate; IJ also erred in concluding alien did not establish fear of future persecution based in major part on fact that her parents did not seem to have problems living-wise, on account of their religion.
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| Guo Liang Lin v. Keisler, 06-4631-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 19, 2007, Decided
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Overview: Alien's actions in preventing women from escaping abortion and sterilization facility amounted to assistance in persecution, as he played active and direct role in ensuring that they were forced to undergo abortions and sterilizations, so BIA and IJ did not err in finding that alien was barred from obtaining asylum and withholding of removal.
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| Higazy v. Templeton, Docket No. 05-4148-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 19, 2007, Decided
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Overview: Dismissal of the detainee's Fifth Amendment claim was vacated. The detainee properly alleged a deprivation of his Fifth Amendment right against compulsory self-incrimination, as to his bail hearing on January 11, 2002, by which time a criminal complaint had been filed against him and he was subject to detention on that complaint.
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| Kin Wan Tso v. United States DOJ, Nos. 03-4925-ag(L), 03-41185-ag(Con),
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 19, 2007, Decided
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Overview: As BIA failed to address whether Hong Kong was country for purposes of alien's asylum claim and BIA's and IJ's analysis constituted legal error if Hong Kong was not country, final order was vacated. Denial of alien's motion to reopen was vacated as it was predicated on same faulty analysis--i.e, alien was to demonstrate he would suffer persecution.
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| Novovic v. Keisler, 07-0561-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 19, 2007, Decided
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Overview: BIA properly found alien failed to demonstrate change in country conditions that warranted exception to filing deadline for motion to reopen. BIA did not abuse its discretion in ruling that because four of alien's supporting documents pre-dated his 2002 merits hearing, they were previously available and could not demonstrate changed conditions.
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| Rawal v. Keisler, 07-0779-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 19, 2007, Decided
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Overview: United States Court of Appeal lacked jurisdiction to consider challenge to IJ's denial of CAT relief to Indian asylum applicant and dismissed applicant's petition for review pursuant to 8 U.S.C.S. § 1252(d)(1). Applicant did not challenge denial of his CAT claim in his appeal to BIA; thus, he did not exhaust his administrative remedies as required.
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| SPGGC, LLC v. Blumenthal, Docket No. 05-4711-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 19, 2007, Decided
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Overview: Seller failed to state a valid claim for preemption of the Connecticut Gift Card Law insofar as it prohibited the seller from imposing inactivity and certain other fees on consumers of the seller's gift card. The state Attorney General's enforcement of the law did not interfere with the bank's ability to exercise its powers under National Bank Act.
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| United States v. Alvarez, No. 06-0107-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 19, 2007, Decided
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Overview: Court affirmed defendant's sentence for possession with firearm where district court was aware of, and fully considered, the adjusted 92-115 sentencing range. That range was noted by the district court both at the time of sentencing and in the written judgment and district court considered 18 U.S.C.S. § 3553 factors. Thus, any error was harmless.
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| Xue Pao Lin v. Keisler, 07-0451-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 19, 2007, Decided
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Overview: BIA properly denied a Chinese alien's motion to reopen as it was not an abuse of discretion to do so where the alien failed to establish an exception to the time limit for such motions. The births of alien's two children were not changed circumstances that qualified him for exception because this was only a change in alien's personal circumstances.
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