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| Ben Hai Dai v. Gonzales, RNo. 04-5385-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 20, 2006, Decided
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Overview: Alien failed to establish eligibility for asylum where IJ's finding that alien failed to meet his burden of proof was supported by substantial evidence, under 8 U.S.C.S. § 1252(b)(4)(B), because, inter alia, alien gave conflicting testimony, and passport he entered into evidence provided substantial support for inference that passport was genuine.
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| Cardell Fin. Corp. v. Suchodolski Assocs., 04-6284-CV, 04-6305-CV,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 20, 2006, Decided
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Overview: To effect strict foreclosure under N.Y. U.C.C. Law § 9-620, secured party and debtor had to agree to transfer of collateral in authenticated writing (i.e., signed by parties). There was no such writing, so strict foreclosure requirements were not met and no writ of assistance under Fed. R. Civ. P. 70 compelling accounting of shares was warranted.
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| Hafez v. Mumpower, 05-5405-CV,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 20, 2006, Decided
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Overview: The district court properly dismissed claims brought under 42 U.S.C.S. § 1981 and § 1983 against a state university because they were barred by the Eleventh Amendment.
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| Karijomenggolo v. Gonzales, No. 04-4900-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 20, 2006, Decided
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Overview: Board of Immigration Appeals, in denying an application for asylum filed by two aliens from Suriname, failed to place on the government the burden of proof to show that country conditions had fundamentally changed in order to rebut the aliens' presumption of a well-founded fear of persecution.
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| Kywe v. Gonzales, Nos. 04-4490-ag (L); 04-6366-ag (Con) NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 20, 2006, Decided
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Overview: BIA properly denied motion to reopen removal proceedings, as it was filed one year after 90-day filing deadline. Equitable tolling did not apply because alien did not establish due diligence where, knowing that BIA had denied claim, he waited seven months before contacting counsel about appeal and another six months before filing motion to reopen.
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| Lhamo Choedon v. Bd. of Immigration Appeals, No. 05-4600-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 20, 2006, Decided
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Overview: Denial of asylum was based on substantial evidence because the alien did not proffer evidence that the Indian government would have persecuted her based on her involvement with political activities and the evidence that she lived in India for 20 years and her family continued to live there showed that she was firmly resettled there.
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| Ling Liu v. Gonzales, No. 05-4753-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 20, 2006, Decided
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Overview: Adverse credibility determination and denial of asylum were supported by substantial evidence because an alien's testimony and application were inconsistent as to her beating in China and she failed to provide a compelling explanation for why cadres imputed her grandmother's Falun Gong practice to her but not to the rest of her family.
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| Liu v. Gonzales, No. 05-4655-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 20, 2006, Decided
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Overview: Although the court lacked jurisdiction to review a finding that an immigrant's asylum application was time-barred, further proceedings were required on her withholding of removal claim because an IJ engaged in speculation in finding implausible the immigrant's testimony concerning her alleged pursuit by authorities.
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| Mirzo v. United States Dep't of Homeland Sec., No. 04-6240-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 20, 2006, Decided
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Overview: IJ appropriately denied petitioner's asylum application on the ground of changed country conditions in Macedonia. The State Department Country Report for Macedonia indicated that Macedonia's new, democratically elected government had demonstrated a commitment to improving the country's human rights observance through concrete actions.
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