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| Fen Xing Chen v. Keisler, 07-0821-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 23, 2007, Decided
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Overview: As alien's application with regard to his family planning claim was based only on his wife's forced abortion, and not on any other resistance to a coercive population control program, 8 U.S.C.S. § 1101(a)(42)(B), alien did not, as a matter of law, establish past persecution and was not eligible for asylum or withholding of removal on that ground.
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| Kaputskiy v. Keisler, 04-1063-ag (L):, 04-6502-ag (con) NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 23, 2007, Decided
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Overview: IJ's finding was significantly flawed. The report of investigation showed that the government revealed facts that were sufficient to give rise to a reasonable inference that the applicant had applied for asylum in violation of 8 C.F.R. § 208.6 and these actions created a new risk of persecution that was to be considered on remand.
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| Port Dock & Stone Corp. v. Oldcastle Northeast, Inc., Docket No. 06-4908-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 23, 2007, Decided
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Overview: Distributors who alleged that suppliers acquired their only competitor and monopolized markets for producing and distributing aggregate did not plead antitrust injury under 15 U.S.C.S. § 15 because distributors did not suffer injury from increased prices and there was no indication that suppliers' vertical expansion was for anticompetitive purpose.
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| Rui Jie Lin v. Keisler, 07-1495-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 23, 2007, Decided
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Overview: Denial of asylum was supported by substantial evidence. IJ found it implausible that alien could not leave China for five years following release from detention given current levels of illegal immigration. Noting that alien's sister left China after his release, IJ refused to credit explanation that smugglers only had place for female emigrant.
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| United States v. Williams, Nos. 05-6036-cr(L), 05-6038-cr(CON), 05-6065-cr(CON),
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 23, 2007, Decided
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Overview: Under Fed. R. Evid. 803(3), district court did not err in allowing the government to elicit testimony from witnesses concerning whether defendants were going to meet with murder victims and to give information regarding nature of that meeting, as independent evidence connected the victims' statements to the activities of defendants.
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| United States v. Williams, Docket Nos. 05-6036-cr (L), 05-6038-cr (CON), 05-6065-cr (CON),
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 23, 2007, Decided
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Overview: Out-of-court statements in which defendant admitted that he and another defendant each shot a victim were properly admitted under Fed. R. Evid. 804(b)(3) because statements were self-inculpatory and defendant who made the statements was not attempting to minimize his culpability, shift blame onto other defendant, or curry favor with authorities.
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| Watuseke v. Keisler, 07-0565-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 23, 2007, Decided
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Overview: Record supported BIA's and IJ's determination that the alien failed to show that he qualified for withholding of removal. Although the alien's experiences suggested he and his family were harassed and treated unfairly by private actors in Indonesia, even when considered cumulatively, such treatment was not severe enough to constitute persecution.
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| Zhang v. Keisler, 07-1642-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 23, 2007, Decided
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Overview: An IJ's denial of an alien's asylum claim was supported by substantial evidence under 8 U.S.C.S. § 1252(b)(4)(B); the alien failed to establish a well-founded fear of future persecution based on enforcement of China's family planning policy as she did not have any children, was not pregnant, and did not allege that she was attempting to conceive.
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| Zhang v. United States, Docket No. 05-6662-pr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 23, 2007, Decided
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Overview: District court's order granting inmate's 28 U.S.C.S. § 2255 petition was vacated where district court's allocution complied with Fed. R. Crim. P. 11. Inmate's guilty plea was voluntary even though statements were made that inmate faced possible rather than certain deportation, as statements were not misleading under 8 U.S.C.S. § 1227(a)(2)(A)(iii).
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