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| Barrie v. Dep't of Homeland Sec., No. 05-1966-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 1, 2006, Decided
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Overview: A petition for review of a BIA decision was denied because substantial evidence supported the BIA's affirmance of the IJ's finding that changed circumstances occurred in Sierra Leone and because petitioner did not show that he specifically would have been at risk for persecution if he returned under the changed circumstances.
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| Ding Jian Zheng v. Bureau of Citizenship & Immigration Services, No. 04-4772-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 1, 2006, Decided
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Overview: Substantial evidence supported IJ's credibility finding, including: (1) petitioner's failure to mention wife's alleged forced sterilization, the basis of his persecution claim, in asylum application; (2) his inability to provide specific dates surrounding the sterilization; and (3) his demonstrated lack of urgency on his departure to China.
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| Hong Rong Lin v. Gonzales, No. 05-1761-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 1, 2006, Decided
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Overview: The petition for review was denied. The BIA properly analyzed the Ramsameachire factors and concluded that the record of the airport interview was a reliable basis upon which to question the alien's credibility. Furthermore, the six other grounds on which the IJ relied provided ample support for the adverse credibility determination.
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| Spaho v. United States Dep't of Homeland Sec., No. 05-1041-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 1, 2006, Decided
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Overview: To extent alien challenged IJ's underlying order denying her applications for asylum, withholding of removal, and Convention Against Torture relief, and BIA's August 2004 order affirming IJ's decision, the court lacked jurisdiction as, pursuant to 8 U.S.C.S. § 1252(b)(1), the alien failed to timely file a petition for review of the BIA's order.
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| United States v. Perez, 05-2136-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 1, 2006, Decided
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Overview: Defendant's sentence was affirmed because the district court properly considered the factors in 18 U.S.C.S. § 3353(a) in deciding whether he should have been resentenced, and defendant's sentence was not unreasonable since it was arrived at by following the appropriate procedures and considering the necessary factors.
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| Winkler v. Metro. Life Ins. Co., No. 05-2447-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 1, 2006, Decided
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Overview: An order of summary judgment in favor of an insurer was reversed and the case was remanded because in rejecting a claim for disability benefits, the insurer failed to weigh evidence, it rested its decision upon the absence of evidence that it never requested, and it dismissed opinions of the treatment providers without good reason.
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| Xiamei Han v. Gonzales, No. 04-4021-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 1, 2006, Decided
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Overview: As it appeared that alien failed to comply with requirements of Lozada, BIA did not abuse its discretion in denying alien's motion to reopen her deportation proceedings. Lack of disciplinary body for non-legal agencies could have been acceptable explanation for failing to file ineffectiveness complaint, but alien offered no such explanation to BIA.
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| Xue Jin Zheng v. INS, No. 04-2827-ag (NAC),
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 1, 2006, Decided
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Overview: The petition for review was granted and the cause was remanded. The fact that the BIA commented that the evidence in the record supported an adverse credibility determination, in the context of reviewing a non-existent adverse credibility determination for clear error did not itself amount to an adverse credibility determination.
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| Yi Guo Chen v. United States DOJ, No. 04-4616-ag (NAC),
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 1, 2006, Decided
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Overview: Petition for review was denied. Notwithstanding the recognition of an error in IJ's decision, there were ample, error-free grounds that amounted to substantial evidence in support of IJ's adverse credibility determination, and, despite IJ's error, court could state with confidence that IJ would adhere to his decision were the petition remanded.
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