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| Elkimya v. Dep't of Homeland Sec., No. 05-2984-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 14, 2007, Decided
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Overview: Under 8 U.S.C.S. §§ 1101(a)(27)(A) and 1181(b), alien did not qualify as a returning resident immigrant when he returned to United States after four years abroad because alien's account of his father's illness precluded a finding that alien's intent was to return within a relatively short time or that his return would be fixed by some early event.
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| Mojica v. Fischer, No. 05-5412-pr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 14, 2007, Decided
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| United States v. Colon, No. 06-2313-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 14, 2007, Decided
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Overview: That prior convictions that were used to calculate defendant's criminal history category on a Crosby remand were not found by a jury did not violate the Sixth Amendment because (1) defendant failed to dispute the inclusion of the prior convictions in his presentence report and (2) prior convictions were not facts that had to be proved to a jury.
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| United States v. Johnson, Docket No. 05-5529-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 14, 2007, Decided
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Overview: A district court did not err in sentencing defendant to life imprisonment, applying U.S.S.G. § 2B3.1(c)(1), after a jury convicted him of violating 18 U.S.C.S. § 924(c)(1)(A)(iii), even though he was acquitted of murder, because the district court had the authority to find, by a preponderance of the evidence, that defendant committed murder.
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| Xiu Jin Lin v. Mukasey, 05-5487-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 14, 2007, Decided
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Overview: IJ's adverse credibility determination was supported by substantial evidence because it was reasonable for IJ to find implausible alien's testimony that she was a practicing Catholic who fled China to obtain religious freedom where alien admitted that she did not start attending church in the United States until almost four years after her arrival.
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| Yimei Fang v. Mukasey, No. 07-0877-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 14, 2007, Decided
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Overview: BIA properly found that testimony that alien was required to pay higher school fees based on her parents' violation of China's one-child policy was insufficient to show persecution for asylum eligibility under 8 U.S.C.S. § 1101 because she was childless and did not allege that she would suffer reprisals if she was unable to pay her debts in China.
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| You Zhen Zhon v. Bd. of Immigration Appeals, 06-4937-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 14, 2007, Decided
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Overview: Under 8 U.S.C.S. § 1252(b)(4)(B), substantial evidence supported BIA's denial of an alien's CAT claim because alien did not establish that he faced an elevated risk of excessive punishment and BIA correctly noted that country reports provided that there were no confirmed cases of abuse of illegal emigrants returned to China from the United States.
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| Zhong Ming Teng v. Mukasey, 06-3979-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 14, 2007, Decided
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Overview: Substantial evidence supported the adverse credibility finding and denial of asylum because alien's inconsistent testimony as to whether he used his own passport or a fraudulent passport from a snakehead to depart China clearly related to his claim that he was targeted in China for his practice of Falun Gong and, thus, to his claim of persecution.
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