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   Federal Courts - 2nd Circuit Court of Appeals - February 27, 2006

  
PAB Aviation, Inc. v. United States, No. 05-1604-cv, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 27, 2006, Decided
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Overview: Fed. R. Civ. P. 12(b)(1) dismissal of aviation company's FTCA complaint was affirmed because it did not hold a "property" interest in a destroyed plane's recognized by general principles of tort law and the company's interest was entirely a creature of contract law from which the United States had not waived its immunity, 28 U.S.C.S. § 2680.

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Patterson v. Balsamico, Docket Nos. 05-0888-cv(L), 05-1073(XAP), UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 27, 2006, Decided
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Overview: Verdict was affirmed in § 1983 hostile work environment claim because the jury's findings that a county employee participated in a racially motivated assault on a coworker which altered the terms and conditions of the coworker's employment were sufficient to find liability regardless of whether the employee was acting under "color of state law."

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Rocha v. Gonzales, No. 04-4226-ag NAC, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 27, 2006, Decided
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Overview: Petition was denied as to review of BIA order affirming denial of asylum and withholding of removal. Alien indicated only that she was victim of extortion by guerrillas in Colombia, and did not provide evidence that victimization was on account of statutory ground or that government had been unable or unwilling to control guerrillas.

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Seinfeld v. Allen, No. 05-2680, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 27, 2006, Decided
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Overview: Following a corporation's Chapter 11 bankruptcy and confirmation of a bankruptcy reorganization plan, a district court properly dismissed a former corporate stockholder's derivative action as barred by the plan where, inter alia, all property of the estate, including any rights of action, vested in a reorganized entity under 11 U.S.C.S. § 1141(b).

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Wang v. Bd. of Immigration Appeals, No. 04-5798-ag NAC, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 27, 2006, Decided
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Overview: An IJ correctly denied an alien's withholding of removal claim based on its adverse credibility determination where there was substantial evidence, under 8 U.S.C.S. § 1252(b)(4)(B), supporting the IJ's finding that the alien's testimony was incredible based on the implausible and inconsistent nature of important aspects of that testimony.

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Wang v. Bd. of Immigration Appeals, No. 05-0682-ag NAC, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 27, 2006, Decided
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Overview: IJ did not err in holding that asylum petitioner was permanently ineligible for benefits under 8 U.S.C.S. § 1158(d)(6), where prior to recanting, the petitioner filed a fraudulent application, submitted a false affidavit attesting to the truth of the false application and testified before the IJ that the false application was correct.

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Wu v. Bd. of Immigration Appeals, No. 05-0074-ag NAC, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 27, 2006, Decided
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Overview: The petition for review was denied. The IJ's adverse credibility determination, as adopted by the BIA, was supported by substantial evidence. The IJ properly found material inconsistencies between the statements the alien made to Government officials upon his arrival in the United States and his testimony at the IJ hearing.

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Zeng v. Gonzales, No. 04-5202-ag NAC, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, February 27, 2006, Decided
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Overview: Decision to deny alien asylum and IJ's adverse credibility determination were supported by substantial evidence where, inter alia, it was not unreasonable for IJ to find it implausible that someone who punched government official in order to protect his wife would have fled instantly, leaving family planning officials behind to apprehend his wife.

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