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| Chang Tong Zheng v. Bd. of Immigration Appeals, 06-3715-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 31, 2007, Decided
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Overview: The BIA did not abuse its discretion in denying a Chinese alien's second motion to reopen, after a remand, because the documents in the record failed to demonstrate changed circumstances in China or support the alien's contention that Chinese citizens with more than one child born in the U.S. were at risk of being forcibly aborted or sterilized.
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| De Guan Yu v. Keisler, 07-1213-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 31, 2007, Decided
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Overview: Substantial evidence under 8 U.S.C.S. § 1252(b)(4)(B) supported an adverse credibility finding to deny asylum for a Chinese alien since State Department reports contradicted his testimony as to enforcement of China's family planning policy, and his seaport interview contradicted his asylum materials and testimony regarding his reasons for leaving.
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| Gao v. Keisler, 06-1633-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 31, 2007, Decided
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Overview: IJ properly denied alien's application for CAT relief. IJ properly found alien's particular circumstances were not addressed by the background materials he submitted, which mentioned the torture and mistreatment of criminal and political detainees, but not of individuals, like the alien, who returned to China after leaving the country illegally.
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| Guo Guo Lin v. Keisler, 07-1332-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 31, 2007, Decided
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Overview: Under 8 U.S.C.S. § 1252(b)(4)(B), substantial evidence supported IJ's adverse credibility determination regarding Chinese asylum applicant based on the applicant's inconsistent testimony and the applicant's demeanor. The IJ was not compelled to credit applicant's explanation for inconsistencies.
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| Jin Lin v. Keisler, 07-0982-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 31, 2007, Decided
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Overview: Chinese alien was not entitled to a petition for review of the denial of his immigration applications because he waived any challenge to an IJ's finding that he was not eligible to asylum and withholding of removal relief since he had successfully relocated within China, and he failed to raise any arguments as to the denial of his CAT relief claim.
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| Kapaj v. Keisler, 07-0179-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 31, 2007, Decided
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Overview: Albanian applicant's motion to reopen was untimely filed pursuant to 8 C.F.R. § 1003.2(c). No exceptions applied, as motion was not based on changed circumstances and BIA properly found that applicant's desire to apply for adjustment of status based on his marriage to a United States citizen did not constitute an exception to the filing deadline.
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| Korompis v. Keisler, 07-0824-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 31, 2007, Decided
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Overview: Under 8 U.S.C.S. § 1252(b)(4)(B), substantial evidence supported the denial of Indonesian applicant's application for withholding of removal where applicant failed to meet his burden of proof by not adequately corroborating his testimony and where applicant could not show that there was likelihood of future persecution if he returned to Indonesia.
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| Li Xiu Wang v. Keisler, 07-1445-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 31, 2007, Decided
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Overview: Under 8 U.S.C.S. § 1252(b)(4)(B), substantial evidence supported BIA's affirmance of IJ's adverse credibility determination, which was based on inconsistencies in Chinese asylum applicant's testimony regarding his child's birth. IJ also properly relied on applicant's inability to recount time frame surrounding his wife's alleged forced abortion.
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| Reynolds v. Giuliani, Docket Nos. 06-0283-cv(L), 06-0284-cv(CON),
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 31, 2007, Decided
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Overview: In a plurality opinion, an injunction against state defendants in a 42 U.S.C.S. § 1983 lawsuit by welfare applicants was vacated because the applicants did not show that the state defendants' response to the city defendants' failure to properly implement certain welfare laws was so patently inadequate that it amounted to deliberate indifference.
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| Singh v. Keisler, 03-4451-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 31, 2007, Decided
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Overview: Under 8 U.S.C.S. § 1229a, the BIA did not abuse its discretion in denying Indian citizen's motion to reopen where neither text of motion nor supporting documents demonstrated by clear and convincing evidence that the citizen was entitled to an adjustment in status; instead, the citizen could have raised relevant issues during asylum proceedings.
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