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   Federal Courts - 2nd Circuit Court of Appeals - March 9, 2006

  
Hin Mei Liu v. Bureau of Citizenship & Immigration Servs., No. 04-4110, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 9, 2006, Decided
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Overview: Petitioner alien was not entitled to equitable tolling of the 180-day deadline contained in 8 C.F.R. § 1003.23(b)(4)(ii) because the alien failed to take any action in the five years after he allegedly discovered that he had been a victim of ineffective assistance of counsel.

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Karaha Bodas Co., L.L.C. v. Bank of Indon., 04-6551-cv(L), 04-6672-cv(C), UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 9, 2006, Decided
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Overview: Order directing bank to turnover of restrained funds to satisfy money judgment against respondent was affirmed because the respondent, a gas company owned by the Republic of Indonesia, had shown no Indonesian legal directive that the funds were anything other than property within the respondent's control.

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Na Li v. Gonzales, 04-2167, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 9, 2006, Decided
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Overview: The alleged sterilization of the immigrant's mother by Chinese government officials, standing alone, did not entitle the immigrant to asylum. Having failed to establish entitlement to asylum, the immigrant's claim for withholding of removal necessarily failed.

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O'Reilly v. Consol. Edison Co. of N.Y., Inc., No. 05-4008-cv, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 9, 2006, Decided
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Overview: While close temporal proximity could give rise to an inference of retaliation, the three month gap between the employee's FMLA leave and her termination was not sufficient to give rise to an inference of retaliation in light of the additional leave time the employer's policy allowed.

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Zhi Liang Shao v. Gonzales, No. 04-5069-ag NAC, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 9, 2006, Decided
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