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| Tzer Zu Chen v. Bd. of Immigration Reviews, No. 05-2073-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 7, 2006, Decided
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Overview: Upon review under 8 U.S.C.S. § 1252, BIA did not abuse its discretion in denying petitioner's third motion to reopen his removal proceedings which alleged persecution under China's family planning policy because he failed to rely upon changed circumstances or new evidence to justify the reopening as required under 8 C.F.R. § 1003.2(c)(3)(ii).
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| United States v. Beckett, No. 05-3456-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 7, 2006, Decided
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Overview: District court did not abuse its discretion in refusing to depart downward based on diminished capacity under U.S.S.G. § 5K2.13 because the court of appeals did not require the district court to provide its reasons for declining to depart downward and otherwise, the defendant's sentence was both procedurally and substantively reasonable.
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| United States v. Tomero, No. 06-0387,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 7, 2006, Decided
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Overview: Order authorizing defendant's pretrial detention under the Bail Reform Act, 18 U.S.C.S. § 3142, was affirmed because upon consideration of the relevant factors as required by § 3142(g) despite his ties to the community, the defendant's potential for a 15 year sentence created a substantial risk of flight.
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| Wei Xiong Ni v. United States AG, No. 05-2046-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 29 U.S.C.S. § 1252 where substantial evidence supported an immigration judge's conclusion that petitioner failed to establish a well-founded fear of future persecution because without children, the petitioner was not likely to be persecuted under China's family planning policy.
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| Wirawan v. United States DOJ, No. 04-2495-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 a final order of removal was denied where the IJ reasonably determined that the alien's testimony was incredible, and the IJ's determination that the alien's testimony was internally inconsistent and unsupported by corroborating evidence was supported by substantial evidence, under 8 U.S.C.S. § 1252(b)(4)(B).
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