2nd Circuit Court of Appeals, October, 2007, Federal Case law

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Federal Courts - 2nd Circuit Court of Appeals - October 31, 2007

Singh v. Keisler, 07-1189-ag NAC, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 31, 2007, Decided
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Overview: BIA did not abuse its discretion in finding that an Indian citizen failed to demonstrate changed conditions, pursuant to 8 U.S.C.S. § 1229a(c)(7)(C)(ii), to provide an exception to the filing deadline for motions to reopen. The citizen's approval for a visa was not a changed circumstance in India and therefore not a ground for reopening.

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United States v. Duran-Colon, No. 06-0975-cr, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 31, 2007, Decided
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Overview: In convictions of a heroin distribution conspiracy, possession of a fraudulent alien registration card, and passport fraud, defendant failed to preserve alleged Miranda violations for review, and in any event, any error from admission of these statements was not plainly erroneous since it did not affect the fairness or integrity of the proceedings.

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Wu Lin v. Keisler, 05-6204-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 he testified inconsistently as to his attempt to apply for a marriage license, which involved the crux of his claim that family planning officials beat him and that his girlfriend suffered a forced abortion.

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