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   Federal Courts - 2nd Circuit Court of Appeals - October 29, 2007

  
United States v. Raftopoulos, No. 05-5963-cr, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 29, 2007, Decided
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Overview: Imposition of lifetime supervised release was affirmed. District court considered 18 U.S.C.S. § 3553(a) factors and observed gravity of defendant's offense derived not only from his possessing 150 images of child pornography, some he distributed in exchange for thing of value, but also from his fantasizing about having sex with his young nephew.

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Willette v. Fischer, Docket No. 06-1422-pr, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 29, 2007, Decided
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Overview: Convictions on three counts under New York's Sex Offender Registration Act (SORA) resulted in cumulative punishments for same offense in violation of Double Jeopardy Clause. Conviction on first SORA change-of-address count was entirely valid. Judgment was modified to vacate sentences only on three counts, leaving in place sentence on first count.

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Xiong Chen v. Keisler, 06-5207-ag NAC, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 29, 2007, Decided
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Overview: Although alien argued with family planning officials and tried to prevent them from taking his fiancee in order to perform abortion, alien was not eligible for asylum relief because he did not demonstrate that he suffered harm amounting to past persecution or that officials would single him out for future persecution on account of his resistance.

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Yi Chao Liang v. Keisler, 07-1416-ag, NAC, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 29, 2007, Decided
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Overview: Petitioner's testimony and evidence he submitted were inconsistent as to whether petitioner, his wife, or both, were ordered to be sterilized, and as to who issued sterilization order. As alleged sterilization order was central to petitioner's claimed fear of persecution, these inconsistencies amply supported IJ's adverse credibility finding.

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Yong Zhang v. Keisler, 07-0401-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 asylum application because alien failed to allege past harm that was severe enough to rise to level of persecution and alien's extremely limited knowledge of and participation in Falun Gong undermined his ability to show that he would be persecuted in the future on the basis of his religious beliefs.

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