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| Chen Xu Zheng v. Keisler, 06-4100-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 25, 2007, Decided
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Overview: Denial of asylum claim that was based on alien's practice of Falun Gong was not supported by substantial evidence because BIA appeared to have neglected to consider the context of alien's detention and beatings and the cumulative effect of that mistreatment when combined with the alien's dismissal from his job and compulsory re-education sessions.
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| Da Silva v. Keisler, 05-6332-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 25, 2007, Decided
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Overview: Petition seeking review of order dismissing appeal of decision granting voluntary departure was dismissed because court lacked jurisdiction under 8 U.S.C.S. § 1252(a)(2)(B)(i) to review grant of voluntary departure. While court had jurisdiction under § 1252(a)(2)(D) to review constitutional claims, mere invocation of "due process" was insufficient.
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| Jian Ping Yang v. Keisler, 05-1396-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 25, 2007, Decided
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Overview: Substantial evidence under 8 U.S.C.S. § 1252(b)(4)(B) supported the denial of asylum and related relief for a Chinese alien because one incident of harassment regarding his religion did not rise to the level of persecution, and his family, who had been arrested and detained at a religious gathering, remained in China without any difficulties.
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| Jin Ying Zheng v. Keisler, 05-3543-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 25, 2007, Decided
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Overview: Addressing petitioner's credibility in the face of counsel's silence on issue did not appear to be necessary to avoid manifest injustice, because IJ articulated in a subsection of his decision, entitled "CREDIBILITY," why he doubted petitioner's testimony, and the appellate court could not conclude that IJ was compelled to find to the contrary.
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| Simonchyk v. Keisler, 04-5636-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 25, 2007, Decided
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Overview: Substantial evidence under 8 U.S.C.S. § 1252(b)(4)(B) supported the denial of asylum for an alien from Belarus because her claim of fear of future persecution was not objectively reasonable, particularly since it was not based on any specific threats, but only on the way that people had treated her in the past, allegedly due to her religion.
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| United States v. Rose, No. 05-4919-cr(L), 05-5216-cr(CON),
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 25, 2007, Decided
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Overview: 18 U.S.C.S. § 924(c) convictions were sufficiently supported by evidence showing defendant's substantial involvement in planning robberies and in facilitating use of firearms in connection with robberies. Even though the fact that defendant brandished firearm was not alleged in indictment, defendant was properly sentenced under § 924(c)(1)(A)(ii).
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| United States v. Rutkoske, Docket No. 06-4067-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 25, 2007, Decided
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Overview: Superseding indictment charging conspiracy to commit securities fraud was timely under 18 U.S.C.S. § 3282(a) because a prior indictment was facially timely and validly pending when superseding indictment was returned and superseding indictment, which alleged new overt acts extending conspiracy by a week, did not materially broaden scope of charge.
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| Wen Yang Lin v. Keisler, 05-4927-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 25, 2007, Decided
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Overview: Substantial evidence supported BIA's denial of petitioner's CAT claim. Petitioner, a native and citizen of China, provided no basis for the IJ to conclude that he, or someone in his particular alleged circumstances, faced an elevated risk or persecution or torture.
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| Zhi Yung Ke v. Keisler, 06-4781-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 25, 2007, Decided
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Overview: The record supported the BIA's finding that petitioner was ineligible for relief because he failed to demonstrate that he was persecuted for his own resistance to China's coercive population control program. Petitioner was not entitled to asylum based solely on his girlfriend's forced abortion, regardless of their marital status.
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