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| Chen v. Gonzales, No. 04-5455-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 27, 2006, Decided
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Overview: Petition for review was denied. IJ properly found it to be material inconsistency that alien stated, at interviews and in application, that her husband was in China but testified that he left China years before her departure. Her husband's presence, or lack thereof, was vital aspect of her claim as to confrontation with family planning authorities.
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| Dai v. Gonzales, No. 04-5925-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 27, 2006, Decided
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Overview: Alien was properly denied asylum and withholding of removal because the BIA reasonably held that the alien's beating about which he gave no details and his interrogations and 10 arrests of less than 3 or 4 hours each did not constitute persecution and that the degree of violence necessary to constitute persecution was missing from his case.
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| Jiang v. United States DOJ, No. 05-0743-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 27, 2006, Decided
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Overview: Applicant's petition for review of the decision denying asylum was denied where specific testimony, coupled with an IJ's negative assessment of the applicant's demeanor and the evasiveness of some of the applicant's answers, provided a substantial basis, under 8 U.S.C.S. § 1252(b)(4)(B), for the IJ to conclude that the applicant was not credible.
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| Kolendrekaj v. Gonzales, Nos. 04-4013-ag (L), 04-4017-ag (Con) NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 27, 2006, Decided
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Overview: Notwithstanding the two errors identified in the Immigration Judge's (IJ) ruling, the court nevertheless denied the petition for review because the IJ's analysis was otherwise supported by substantial evidence and the could state with confidence that the same decision would have been made upon remand.
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| Kraja v. Gonzales, No. 04-4022-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 27, 2006, Decided
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Overview: Substantial evidence supported the IJ's finding that an alien failed to establish past persecution or a fear of future persecution necessary for asylum because his documentary evidence was questionable and he failed to show that he was harmed as a result of his political association or that anyone in his country was interested in harming him.
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| Li v. Gonzales, No. 04-6079-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 27, 2006, Decided
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Overview: IJ determined the alien's testimony incredible because the alien openly admitted to lying during his airport and credible fear interviews and failed to corroborate his testimony with appropriate documentation. The discrepancies between the alien's interviews and his testimony before the IJ were central to the alien's claim of persecution.
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| Li v. United States AG, No. 04-5008-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 27, 2006, Decided
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Overview: BIA did not abuse discretion in denying motions to reopen and reconsider removal proceedings. BIA based determination that alien demonstrate well-founded fear of persecution, in part, on reasonable assessment that record did not demonstrate alien or her spouse would face any problems with population control authorities upon returning to China.
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| Mamadou v. Gonzales, No. 05-0243-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 27, 2006, Decided
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Overview: Where asylum petitioner argued upon review under 8 U.S.C.S. § 1252, that he did not understand his court-appointed interpreter, but did not raise this issue before the BIA or cite to a specific instance of mistranslation, the petitioner waived any specific challenge to the IJ's denial of his application for asylum.
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| Muriqi v. Gonzales, No. 04-5196-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 27, 2006, Decided
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Overview: Where IJ's adverse credibility finding was supported by substantial evidence, under 8 U.S.C.S. § 1252(b)(4)(B), and alien's credibility was the only particularized evidence that his life or freedom would have been threatened upon his return, IJ properly denied alien withholding of removal and relief under the CAT based on his lack of credibility.
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