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| Bugayong v. INS, Docket No. 03-4204-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 15, 2006, Decided
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Overview: Alien, a native and citizen of the Philippines, was denied review of the denial of his application for a waiver of inadmissibility and an adjustment of status. Under 8 U.S.C.S. § 1252(a)(2)(B)(i), an appellate court lacked jurisdiction to review these discretionary determinations, and the alien did not raise any colorable constitutional claims.
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| Fa Gui Ni v. United States DOJ, No. 04-3787-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 15, 2006, Decided
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Overview: Denial of asylum relief was affirmed under 8 U.S.C.S. § 1252 because substantial evidence supported the IJ's conclusion that the petitioner did not have a well-founded fear of persecution under China's family planning policy when he was unmarried, had no children and simply made a conclusory statement that he would be persecuted.
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| United States v. Delarosa, No. 05-3497-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 15, 2006, Decided
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Overview: Defendant's three-level sentencing enhancement for his role as a manager or supervisor (but not an organizer or leader) under U.S.S.G. § 3B1.1(b) was affirmed where the district court cited testimony that labeled the defendant as a manager and described the duties of persons in that role and did not rely on improper or unreliable evidence.
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| United States v. Londono, No. 05-1626-cr(L), No. 05-3459-cr(CON),
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 15, 2006, Decided
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Overview: District court did not commit clear error in denying defendant's motion for a downward departure based on diminished capacity under USSG § 5K2.13 because after hearing evidence, the court did not clearly err in determining that there was no causal connection between defendant's depression and his decision to join in a narcotics conspiracy.
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