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| Ai Jiang v. Gonzales, 06-3264-ag, NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 8, 2007, Decided
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Overview: Under 8 U.S.C.S. § 1252 (b)(4)(B), substantial evidence did not support an IJ's and the BIA's denial of asylum to a Chinese applicant where the BIA took administrative notice of a State Department report of the Chinese government's recent regulation of religion, but the BIA failed to undertake an assessment of the most relevant background evidence.
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| Alliance for Open Soc'y Int'l, Inc. v. United States Agency for Int'l Dev., No. 06-4035-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 8, 2007, Decided
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Overview: Where federal agencies implemented new guidelines regarding Leadership Act's policy requirement while preliminary injunction enjoining agencies from applying their interpretation of Leadership Act was in effect, a U.S. Circuit Court of Appeals remanded the case to district court to determine if new guidelines warranted continuance of injunction.
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| Cine SK8, Inc. v. Town of Henrietta, Docket No. 06-1718-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 8, 2007, Decided
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Overview: Summary judgment on substantive due process claim was vacated. Plaintiffs raised genuine issues of material fact as to whether they had property interest in special use permit and whether defendants infringed on that property right in arbitrary manner by acting on basis of racial animus or through process tainted with procedural irregularities.
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| Jalloh v. Keisler, 06-5825-ag, NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 8, 2007, Decided
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Overview: Denial of the alien's application for withholding of removal was properly supported. Substantial evidence supported BIA's determination that country conditions in Sierra Leone fundamentally changed such that the alien could not establish that he would more likely than not be persecuted if returned.
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| United States v. Accolla, No. 05-1872-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 8, 2007, Decided
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Overview: Where defendant's record on appeal was insufficient to determine whether trial counsel's decisions were reasonable and whether prejudice resulted so as to constitute ineffective assistance of counsel, the appeal was dismissed so that defendant could bring his claims in a 28 U.S.C.S. § 2255 petition so that district court could fully develop record.
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| United States v. Maldonado, No. 06-3352-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 8, 2007, Decided
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Overview: Where record indicated that on remand a sentencing judge considered all relevant factors before determining that she would have imposed substantially the same sentence that was originally imposed, court could not say that decision of judge on remand not to resentence defendant was procedurally unreasonable; thus, defendant's sentence was affirmed.
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| United States v. Shellef, Docket Nos. 06-1495-cr (L), 06-1710-cr (CON),
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 8, 2007, Decided
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Overview: Judgments of conviction against two defendants were vacated. Because commission of the alleged wire fraud and conspiracy neither depended upon nor necessarily led to the commission of the alleged 1996 tax misconduct and proof of the one act neither constituted nor depended upon proof of the other, joinder was improper under Fed. R. Crim. P. 8.
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| United States v. Spellicy, No. 06-0308-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 8, 2007, Decided
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Overview: Defendant's conviction was affirmed. Town justice had substantial basis for probable cause finding. Defendant's neighbor told police he saw defendant moving rifles from his truck into his garage. Police investigator met with neighbor, had him sign sworn affidavit, and corroborated defendant's address and claim that defendant was convicted felon.
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