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| Dicko v. Gonzales, No. 04-0803-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 22, 2006, Decided
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Overview: A petition for review was dismissed as to the asylum claim because the court lacked jurisdiction to review the determination that it was untimely. The petition was granted with regards to the withholding of removal and CAT claims because the IJ overlooked evidence that provided in specific terms the corroboration the IJ said was missing.
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| Donhauser v. Goord, 04-2222pr (LEAD); 04-2490pr (CON),
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 22, 2006, Decided
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Overview: Vacatur of a preliminary injunction was ordered in a sex offender's § 1983 action because the district court's Fed. R. Civ. P. 52(a) findings were unclear with respect to whether prisoners were denied good time credit as an automatic and direct result of refusal to provide a full sexual history required to participate in a rehabilitation program.
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| Fang Ren He v. Bd. of Immigration Appeals, No. 04-5683-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 22, 2006, Decided
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Overview: An alien's petition for review was denied because an inconsistency in the details of the alien's alleged arrest for publicly practicing Falun Gong involved the heart of the asylum claim and was not a minor and isolated disparity. Substantial evidence supported the IJ's adverse credibility finding.
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| Francis v. Elmsford Sch. Dist., Docket No. 05-0865-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 22, 2006, Decided
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Overview: New York State Division of Human Rights (SDHR) determination that was sent to an employee did not constitute an EEOC notice that triggered the 90-day period referred to in 29 U.S.C.S. § 626(e) where, inter alia, the determination was issued by SDHR, not by EEOC, and the determination indicated that EEOC had yet to consider the employee's complaint.
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| Garcia v. Teitler, Docket No. 04-4886-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 22, 2006, Decided
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Overview: District court properly exercised jurisdiction over parties' attorney fees dispute since 28 U.S.C.S. § 1367 did not limit court's power to exercise ancillary jurisdiction over matters related to ongoing criminal cases. Resolution of fee dispute fell within district court's ancillary powers, as it related to court's ability to function successfully.
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| Jian Lin Yang v. Gonzales, No. 04-4906-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 22, 2006, Decided
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Overview: Where an alien's motion to reopen his removal proceedings was untimely under 8 C.F.R. § 1003.2(c)(2), and the alien failed to establish changed country conditions excusing the untimeliness of the motion, the BIA did not abuse its discretion by denying the alien's motion.
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| Johnson v. Gonzales, No. 05-3231-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 22, 2006, Decided
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Overview: There was no record evidence that the immigrant's purportedly diminished mental capacity affected his ability to appreciate what was happening during his hearing. It also did not appear that his condition rose to the level of mental incompetence as contemplated by the asylum regulations.
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| Kong Xian Guo v. Gonzales, No. 04-3593-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 22, 2006, Decided
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Overview: Alien failed to establish eligibility for asylum, as IJ's adverse credibility finding was supported by substantial evidence; there was significant inconsistency between asylum application, which had claimed his wife was forcibly sterilized, and statement attached to application and his wife's letter, which asserted she was not sterilized.
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| Li Chen v. Gonzales, No. 04-5039-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 22, 2006, Decided
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Overview: Substantial evidence supported denial of an alien's application for asylum and withholding of removal based on adverse credibility finding because alien provided conflicting testimony regarding a document he submitted to prove he had been detained in China. Also, it was unlikely he had been issued passport for second attempt to enter United States.
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