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| Janick v. Superintendent of Franklin Corr. Fac., No. 05-7046-pr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 1, 2007, Decided
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Overview: Defendant was not entitled to habeas corpus relief because a state sentencing court afforded him due process in enhancing his sentence based on his violation of a "no arrest" provision in his plea agreement since the state sentencing court conducted a full evidentiary hearing, and it made its finding based on a preponderance of the evidence.
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| Jun Keng Zhang v. Keisler, No. 05-1531-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 1, 2007, Decided
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Overview: Substantial evidence under 8 U.S.C.S. § 1252(b)(4)(B) did not support an adverse credibility finding to deny asylum and other relief for a Chinese alien because the IJ did not give the alien an opportunity to reconcile allegedly inconsistent testimony about past persecution or about inconsistencies in his testimony and his airport interview.
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| Lopez-De Rowley v. INS, No. 01-4172-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 1, 2007, Decided
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Overview: Appellate court rejected petitioner's contention that the IJ and BIA improperly denied her application for withholding of removal; substantial evidence supported the IJ's finding that petitioner did not carry her burden in showing her life or freedom would be threatened in a country on account of her status as an Americanized Columbian.
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| Mac Truong v. Comm. on Grievs. for the United States Dist. Court, 06-2858-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 1, 2007, Decided
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Overview: Appellant who was stricken from roll of practicing attorneys pursuant to S.D.N.Y. & E.D.N.Y. Civ. R. 1.5(c)(1) was not denied due process because district court considered appellant's affirmations and motions before holding that appellant failed to provide requisite clear and convincing evidence why reciprocal disbarment should not be imposed.
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| Roberts v. AMTRAK, No. 06-3036-c,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 1, 2007, Decided
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Overview: In a wrongful death action, while the district court might have provided more explanation as to what expenses the jury should have considered in calculating damages, district court did not err in instructing the jury that the award for compensatory damages should be "net of expenses and taxes," instead of using plaintiff's phrasing "net earnings."
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| Singh v. Keisler, No. 06-3685-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 1, 2007, Decided
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Overview: Substantial evidence under 8 U.S.C.S. § 1252(b)(4)(B) supported an IJ's adverse credibility determination on an alien's asylum claim; the absence of any mention of the alien's alleged mistreatment by police in India in supporting documents submitted by a politician, by his father, and by a sarpanch severely undermined the alien's credibility.
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| United States v. Alshalabi, 06-3822-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 1, 2007, Decided
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| United States v. Forbes, No. 06-1870-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 1, 2007, Decided
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| United States v. Ortiz, No. 06-4030-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 1, 2007, Decided
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Overview: Where defendant was convicted of being felon in possession of firearm, district court, which fully considered relevant sentencing factors, did not abuse its discretion in departing upwardly from USSG range and in imposing half of statutory maximum sentence of 10 years' imprisonment consecutively to defendant's state sentence under USSG 5G1.3(c).
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