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| Nezaj v. Keisler, 07-0923-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 24, 2007, Decided
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Overview: Alien's petition for review of the denial of her applications for asylum, withholding of removal, and CAT relief was denied because alien did not challenge IJ's finding that even if alien had suffered past persecution, country conditions in Albania had significantly changed such that the alien no longer possessed a well-founded fear of persecution.
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| Price v. Keisler, No. 05-2911-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 24, 2007, Decided
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Overview: Alien's petition for review was denied as (1) court lacked jurisdiction to review the denial of alien's applications for cancellation of removal and adjustment of status on discretionary grounds, and (2) alien was not eligible for cancellation of removal under INA § 240A(b)(3) because she was convicted of an offense under INA § 212(a)(2)(A)(i).
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| United States v. Lugo, No. 05-6106-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 24, 2007, Decided
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| United States v. Tsekhanovich, No. 05-4809-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 24, 2007, Decided
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Overview: Where defendant was charged with health care fraud conspiracy in violation of 18 U.S.C.S. §§ 371, 1035, and 1347, defendant's prior health care fraud conviction was admissible under Fed. R. Evid. 404(b) for establishing defendant's knowledge and absence of mistake, and the evidence's probative value was not outweighed by its prejudicial effect.
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| United States v. Tsekhanovich, Docket No. 05-4809-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 24, 2007, Decided
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Overview: Under Fed. R. Evid. 701, district court properly admitted testimony from witness who alleged that he had conspired with defendant to commit health care fraud. Government showed that witness's lay opinion testimony was sufficiently based on and rationally derived from his first-had perceptions, and witness did not speculate about defendant's intent.
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| Vargas v. Local Union No. 32B-32J, 06-5176-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 24, 2007, Decided
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Overview: Defendants, a union and a company, were properly granted summary judgment on plaintiff's hybrid claim under § 301(a) of LMRA as plaintiff had not made showing that the union breached its duty of fair representation, and he produced no evidence which would demonstrate that the union acted arbitrarily or in bad faith, or in a discriminatory fashion.
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| Zi Qiang Zheng v. Bd. of Immigration Appeals, 06-3071-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 24, 2007, Decided
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Overview: The BIA did not abuse its discretion in denying alien's motion to reopen his immigration proceedings as alien's fear of future persecution based on the birth of his three U.S.-citizen children was unsubstantiated because he failed to present any evidence indicating that he would have been sterilized upon return to China on account of his children.
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