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| Saikou v. Gonzales, No. 04-5603,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 3, 2006, Decided
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Overview: Denial of motion to reopen Convention Against Torture proceedings was not abuse of discretion, 8 C.F.R. § 208.18(b)(2). Only evidence alien offered was own vague statements about danger he faced and statement that mother said she feared for his safety; BIA pointed out he did not offer affidavits, letters, or evidence to support motion.
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| Saunders v. Edwards, No. 04-1364-pr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 3, 2006, Decided
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Overview: The dismissal as untimely of a habeas corpus petition was affirmed because an inmate was not entitled to equitable tolling where he did not show that he could not have filed a habeas corpus petition within the statutory period since he commenced a number of civil proceedings during the time period he sought to toll.
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| Shi Ha Zha v. Bureau of Citizenship & Immigration Servs., No. 03-4887-ag (L); 03-4888-ag (CON); 03-4889-ag (CON) NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 3, 2006, Decided
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Overview: Aliens' petition for review of the denial of their asylum application was granted because the Immigration Judge unreasonably found that a motivation to look for work in the United States undermined the alien wife's credibility, when she made it clear that the main reason she left China was to avoid the family planning policy.
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| Traore v. Wittman, No. 05-4011,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 3, 2006, Decided
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Overview: Exclusion of psychiatrist's testimony was not abuse of discretion, Fed. R. Evid. 103; appellant pointed to no error in conclusion that testimony as expert was irrelevant for purposes of false arrest claim and that testimony as fact witness as to mental state at time of evaluation would have been unduly prejudicial given position as psychiatrist.
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| United States v. Giordano, Docket No. 03-1394,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 3, 2006, Decided
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Overview: City mayor's crime was committed "under color of state law" within the meaning of 18 U.S.C.S. § 242 because he used his victim's fear of the power he wielded as mayor to keep them from reporting his participation in their ongoing sexual abuse, and the victims had a Fourteenth Amendment right to be free from sexual abuse by a state actor.
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| United States v. Giordano, No. 03-1394,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 3, 2006, Decided
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Overview: Enhancement of defendant's 18 U.S.C.S. § 2425 convictions under U.S.S.G. § 3B1.3 for abuse of public trust and an offense characteristic enhancement applied to his 18 U.S.C.S. § 242 offenses under U.S.S.G. § 2H1.1(b) for acting while a public official did not represent impermissible double-counting.
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| United States v. Ling, No. 05-2387,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 3, 2006, Decided
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Overview: Where the district court instructed jury that if it found government had not proven beyond reasonable doubt that conspiracy extended at least until December 16, 1998, when limitations period commenced, then it must acquit defendant of charges, any further instruction as to multiple conspiracies instruction was unnecessary.
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| United States v. Lopez-Osirio, No. 05-1162,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 3, 2006, Decided
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| United States v. Martinez-Aquino, No. 05-1687,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 3, 2006, Decided
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Overview: Obstruction of justice enhancement under U.S. Sentencing Guidelines Manual § 3C1.1 was affirmed. District court clearly and unambiguously found defendant committed perjury at trial; while court did not identify particular false statements, court found defendant's testimony was "permeated with lies" in effort to obstruct truth-finding process.
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