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| Baraka v. Dep't of Homeland Sec., No. 04-6653-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 7, 2006, Decided
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Overview: A withholding of removal claim was remanded to the BIA for further consideration because the IJ could not have fully evaluated whether an alien's claim that he feared returning to the Democratic Republic of Congo was objectively reasonable when there was no record evidence of the country conditions relating to ethnic tensions there.
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| De Shun Liu v. Gonzales, No. 04-2266-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 7, 2006, Decided
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Overview: Although the IJ's decisions contained factual findings that were based on gross speculation, the IJ rested his denial of asylum under 8 U.S.C.S. § 1158 on the sustainable grounds that there was a material inconsistency between the alien's testimony and application, and that the alien lacked corroborative evidence that met his burden of proof.
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| Ferraro v. Kellwood Co., Docket No. 04-6413-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 7, 2006, Decided
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Overview: Plaintiff's claim that defendant employer discriminated against her based on her breast cancer failed because plaintiff did not rebut the employer's proffered nondiscriminatory reason for demoting her and reducing her salary (that plaintiff's division was merged into a larger division because of the division's low and declining sales volume).
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| Gjika v. Chertoff, No. 05-1060-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 7, 2006, Decided
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Overview: Denial of asylum relief was affirmed under 8 U.S.C.S. § 1252 because even assuming the petitioner had established past persecution, his own admissions concerning his release from an Albanian prison were sufficient to rebut any presumption of and preclude him from establishing a well-founded fear of future persecution under 8 C.F.R. § 1208.13(b).
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| Jian Min Zhang v. Gonzales, No. 05-0033-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 7, 2006, Decided
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Overview: An alien's petition for review of the decision denying his applications for asylum and withholding of removal, 8 U.S.C.S. §§ 1158(a), 1231(b)(3), was denied where the inconsistencies cited by the IJ went to the heart of the alien's asylum claim, namely, the persecution the alien allegedly faced and would face in the future.
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| Ling Hua Jin v. Bd. of Immigration Appeals, No. 04-2214-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 7, 2006, Decided
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Overview: Alien's petition for review of the denial of motion to reconsider was denied where there was no abuse of discretion in BIA's holding that it had not impermissibly denied relief based on lack of corroborating evidence, and it was not arbitrary or capricious to find that adverse credibility determination was supported by inconsistencies in testimony.
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| Maoyi Liu v. Bd. of Immigration Appeals, No. 04-4988-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 7, 2006, Decided
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Overview: Alien's petition for review of the denial of withholding of removal was denied where, even if alien were deemed to have exhausted his claims, under 8 U.S.C.S. § 1252(d)(1), IJ's denial of alien's application based on an adverse credibility finding was adequately supported by the record, which included material inconsistencies in alien's testimony.
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| Skalafuris v. Comm'r of Bldgs., No. 05-1253-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 7, 2006, Decided
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| Turner v. FAA, No. 05-2413-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 7, 2006, Decided
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