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| Ahmed v. Mukasey, No. 06-1888-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 15, 2007, Decided
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Overview: Under 8 U.S.C.S. § 1229c(d), once an alien failed to voluntarily depart, he became ineligible for the adjustment of status he sought in his motion to reopen. Thus, the Board of Immigration Appeals acted within its discretion in denying the alien's motion to reopen on the basis of the alien's statutory ineligibility for the relief he sought.
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| Biao Di Wu v. Mukasey, 06-5557-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 15, 2007, Decided
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Overview: Under 8 U.S.C.S. § 1252(b)(4)(B), although IJ acted within his discretion in finding that Chinese asylum applicant's wife's explanations for inconsistent testimony did not make her testimony credible, but instead showed that she willingly lied under oath, IJ's reliance on inconsistencies, without more, to discredit applicant's testimony was flawed.
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| Darragjati v. Mukasey, 05-0533-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 15, 2007, Decided
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Overview: An Albanian citizen failed to show compliance with 8 C.F.R. § 1003.23(b)(3) because he did not show that an IJ exceeded its allowable discretion in denying his motion to reopen. The BIA properly found that the citizen failed to show that the evidence he submitted in support of his motion was unavailable at the time of his hearing before the IJ.
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| Harun Manou Hutapea v. Mukasey, 07-0986-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 15, 2007, Decided
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Overview: The petition for review was denied. The alien failed to support his claims for asylum or withholding of removal. To the extent that the alien disagreed with the BIA's conclusion that the cumulative effect of his experiences was not sufficiently severe to constitute persecution, the record did not compel a finding contrary to the agency's.
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| Jalloh v. Mukasey, No. 06-5063-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 15, 2007, Decided
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Overview: It was not an abuse of discretion for the BIA to deny an alien's petition for reconsideration because the alien had not timely filed the petition within the 90-day period set forth in 8 U.S.C.S. § 1229a and the alien had not sustained his burden of proving that equitable tolling was applicable to the 90-day limitations period.
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| Jian Qing Lin v. Mukasey, Nos. 05-0696-ag (L), 05-0717-ag (con),
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 15, 2007, Decided
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Overview: Where government acknowledged that BIA's decision denying aliens' motion to reopen contained error regarding mailing of transcript of proceedings before IJ and aliens' attorney demonstrated ineffective assistance of counsel throughout deportation and removal proceedings, new counsel was appointed for aliens and motion to reopen was remanded to BIA.
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| Obot v. Comm'r, No. 05-5570-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 15, 2007, Decided
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Overview: U.S. Tax Court did not abuse its discretion in dismissing a petition for failure to prosecute. Both Tax Court and IRS warned petitioners on many occasions, including in response to their notice that they refused to appear at what they characterized as inevitably unfair trial, that noncompliance could result in dismissal for failure to prosecute.
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| Ram v. Mukasey, 07-1003-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 15, 2007, Decided
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Overview: Where an alien failed to demonstrate that the Government of Guyana was unable or unwilling to protect the alien from persecution, alien's motion to reopen proceedings based on counsel's error resulting in the untimely filing of asylum application was properly denied because alien did not show that he could have established eligibility for asylum.
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| SWJ Holdings, LLC v. Mocco (In re First Conn. Consulting Group, Inc.), No. 06-2035-bk,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 15, 2007, Decided
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Overview: Appellees owned LLCs at time bankruptcy petitions were filed on behalf of LLCs because LLCs acted as appellees' nominees in holding title to real properties. Intervenor who filed LLCs' bankruptcy petitions acted in bad faith because use of Chapter 11 petitions to relitigate the question of the ownership of LLCs was impermissible use of Chapter 11.
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