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| Bouboulis v. Transp. Workers Union of Am., Docket Nos. 04-4241-cv(L), 04-4244-cv(CON),
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 14, 2006, Decided
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Overview: Remand was required in an ERISA suit by retirees and their wives against a local union for breach of fiduciary duty. A district court erred in finding that the local union was not a 29 U.S.C.S. § 1002(21)(A) fiduciary as it held the title of plan administrator, it had discretionary authority, and it acted as a fiduciary in explaining plan benefits.
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| E-Chai Yang v. Gonzales, No. 04-6624-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 14, 2006, Decided
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Overview: Petitioner offered two family planning notices issued in April 2004, one demanding that she report for a sterilization procedure and other demanding she pay fine of 20,000 yuan. BIA did not abuse its discretion in denying her motion to reopen on ground that these notices were insufficient rebuttal to IJ's adverse credibility determination.
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| Jin-Xiang Yang v. Gonzales, No. 05-1101-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 14, 2006, Decided
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Overview: Substantial evidence supported the IJ's determination that the wife did not establish a well-founded fear of persecution. The wife did not offer credible, specific, and detailed evidence supporting her claim that, upon returning to China, she would be subjected to a forced sterilization due to her having a second child in the United States.
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| Marulanda v. Gonzales, No. 04-3661-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 14, 2006, Decided
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Overview: Alien's petition for review of a BIA decision, pursuant to 8 U.S.C.S. § 1252, was denied because substantial evidence supported the well-reasoned adverse credibility determination of the immigration judge.
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| Meng Deng Wang v. Gonzales, No. 04-4030-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 14, 2006, Decided
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Overview: The petition for review was denied. Behavior of which the alien complained did not rise above mere harassment. As there was substantial evidence to support IJ's finding that alien could avoid future persecution by relocating to another part of the alien's country of nationality, pursuant to 8 C.F.R. § 208.13(b)(1)(i)(B), asylum was properly denied.
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| Pavlova v. INS, Docket No. 03-4094-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 14, 2006, Decided
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Overview: Denial of an application for asylum, withholding of removal, and CAT relief for an alien, a native and citizen of the Russian Federation, was vacated and remanded. An IJ's adverse credibility determination was based on serious errors as he mischaracterized the alien's testimony and failed to provide reasons for rejecting some of her explanations.
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| United States v. Defonte, Docket No. 06-1046-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 14, 2006, Argued , March 14, 2006, Decided
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Overview: An order requiring disclosure of an inmate's journal was reversed. Absent a waiver, the inmate's journal entries that recorded conversations with her attorneys were protected by the attorney-client privilege, and a hearing was needed to determine if other journal entries were privileged as outlines of issues for the inmate to discuss with counsel.
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| United States v. Nemorin, 04-0842-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 14, 2006, Decided
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Overview: Instruction prohibiting jury from considering evidence of belief alone in voodoo in weighing credibility of witness or defendant did not bar jury from considering defense theories based on religious beliefs of defendant and witness. Theories asked jury to reach credibility conclusions by comparing belief with other evidence, not on belief alone.
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| Yong v. Gonzales, No. 04-2831-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 14, 2006, Decided
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