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| Hass v. Bd. of Immigration Appeals, No. 04-5939-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 7, 2007, Decided
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Overview: Where IJ's findings were in error, including IJ's failure to explain how an Indian asylum applicant did not corroborate or could have corroborated his asylum claim, court could not confidently predict that IJ would deny applicant asylum on remand; thus, court remanded applicant's petition seeking review of BIA's affirmance of IJ's denial of asylum.
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| Jones v. Cuomo, No. 05-1343-pr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 7, 2007, Decided
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Overview: Defendant was properly denied 28 U.S.C.S. § 2254 habeas corpus relief because his claim of ineffective assistance of trial counsel from the failure to appoint him counsel during the first 18 months of the criminal proceedings was remedied by the appointment of trial counsel 11 months before the trial commenced.
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| Keita v. United States DOJ, No. 06-5326-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 7, 2007, Decided
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Overview: The court lacked jurisdiction to review the denial of an alien's application for cancellation of removal under 8 U.S.C.S. § 1229b(b)(1) because her claim essentially amounted to disagreement with manner in which the IJ and the BIA exercised their discretion, which was not reviewable pursuant to 8 U.S.C.S. § 1252(a)(2)(B)(I).
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| Parks v. N.Y. City Dep't of Corr., 06-3710-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 7, 2007, Decided
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Overview: Former employee's race discrimination suit was time-barred under Title VII of the Civil Rights Act of 1964, 42 U.S.C.S. § 2000e-5(e)(1), because it was filed more than 300 days after the alleged discriminatory conduct, and the EEOC charge did not relate back to a timely filed claim with a state agency, which did not mention race discrimination.
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| Rhodes-Bradford v. Keisler, Docket No. 05-4134-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 7, 2007, Decided
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Overview: In order for BIA properly to have ordered lawful permanent resident's removal when IJ did not find him removable, BIA was to be administrative officer to whom Attorney General delegated responsibility for determining whether alien was deportable, 8 U.S.C.S. § 1101(a)(47)(A), but BIA did not have authority to issue removal orders in first instance.
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| Sommer v. Suffolk County Dep't of Health Servs., No. 06-5196-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 7, 2007, Decided
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| United States v. Abreu-Vasquez, 06-1639-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 7, 2007, Decided
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| United States v. Collie, 06-1669-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 7, 2007, Decided
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Overview: Defendant's sentence was affirmed. Although there was a difference in severity between defendant's federal sentence and his sentences for multiple state convictions, district court was fulfilling USSG's goal of deterrence of future crime by imposing harsh sentence upon a defendant who previously served brief sentences for multiple convictions.
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| Xiao-Ming Gao v. Keisler, 04-0146-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 7, 2007, Decided
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Overview: Substantial evidence under 8 U.S.C.S. § 1252(b)(4)(B) supported the denial of asylum and withholding of removal for a Chinese alien because she testified that she had not personally experienced past harm, and she offered no objective evidence that Chinese officials would seek to harm her due to her parents' violation of the planned birth policy.
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