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| Applewhite v. Briber, Docket No. 06-1923-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 29, 2007, Decided
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Overview: Per N.Y. Public Health Law § 230(10), absolute judicial immunity attached to state medical review board's disciplinary proceeding where the individual charged had the right to be represented by counsel, to present evidence and to cross-examine witnesses, and where board articulated its findings in binding order--as opposed to mere recommendation.
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| Eka Putra Halim v. INS, 07-1069-ag, NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 29, 2007, Decided
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Overview: Substantial evidence supported BIA's denial of withholding of removal application. Applicant failed to establish likelihood of future persecution if he returned to Indonesia, and was not entitled to presumption under 8 C.F.R. § 1208.16(b)(1) that he had been subjected to past persecution, especially when applicant's family still lived in Indonesia.
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| Feng Nin v. Keisler, 06-4990-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 29, 2007, Decided
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Overview: Even if alien demonstrated other resistance within the meaning of 8 U.S.C.S. § 1101(a)(42) by offering to pay fine so that girlfriend could avoid an abortion, asylum claim failed because alien's injuries occurred before his girlfriend became pregnant and alien did not assert harm resulting from his resistance to coercive population control program.
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| Lian Ru Wang v. Keisler, 06-1829-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 29, 2007, Decided
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Overview: The petition for review was denied as to the asylum claim. The alien was not entitled to asylum based solely on his wife's alleged forced abortion, regardless of their marital status. Moreover, the alien did not allege, nor was there any indication, that he was persecuted for his own resistance to a coercive population control program.
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| Lin Yang v. INS, 07-0899-ag, NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 29, 2007, Decided
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Overview: Under 8 U.S.C.S. § 1252(b)(4)(B), substantial evidence supported denial of asylum to Chinese applicant. Although applicant argued that bully took cross from her at school, applicant did not establish that this occurred on account of her religion, either imputed or actual; thus, there was no nexus between harm suffered in China and protected ground.
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| Long Qiang Zhang v. United States DOJ, 07-0734-ag, NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 29, 2007, Decided
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Overview: Under 8 U.S.C.S. § 1252(b)(4)(B), substantial evidence supported IJ's finding that Chinese applicant failed to establish eligibility for asylum based on well-founded fear of being subjected to China's family planning policy, as applicant was unmarried and did not have any children. Applicant's fear was too speculative and objectively insufficient.
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| Nagy v. Dwyer, Docket No. 06-1149-pr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 29, 2007, Decided
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Overview: The district court could require plaintiffs proceeding in forma pauperis to affirmatively request that the court appoint the U.S. Marshals to serve a summons and complaint on defendant; accordingly as pro se inmate made no such request, it was not error for the district court to wait to order the Marshals to serve defendant until request was made.
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| Salamon v. Our Lady of Victory Hosp., Docket No. 06-1707-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 29, 2007, Decided
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Overview: Manner and means test contained significant contested facts, making summary judgment improper. If physician's allegations were true, hospital exercised substantial control not only over outcomes of her practice, but over details and methods of her work, particularly after alleged instances of harassment--and as result of her complaints about them.
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| Shah v. Helen Hayes Hosp., 06-4068-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 29, 2007, Decided
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Overview: Employers were properly granted summary judgment in employee's Title VII action. Although district court focused primarily on one of employee's fourteen objections to magistrate's report, under 28 U.S.C.S. § 636(b)(1), district court acknowledged employee's other objections and employee could not show that other objections were not considered.
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