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| Amidon v. Student Ass'n , Docket Nos. 05-6623-cv (L), 05-6664-cv (CON), 06-0117-cv (XAP),
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 20, 2007, Decided
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Overview: University student association violated First Amendment by using advisory student referendum to determine how to allocate funds from mandatory student activity fee among recognized student organizations (RSO) where referendum, which simply asked whether RSO should receive funding, did not provide protection of viewpoint neutrality that was needed.
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| Arenas-Garcia v. Mukasey, 07-0707-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 20, 2007, Decided
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Overview: An alien did not demonstrate well-founded fear of persecution because alien's testimony that a revolutionary group threatened alien's family members and that many family members remained unharmed in Columbia supported IJ's finding that alien did not demonstrate that he could not internally relocate within Columbia; thus, asylum was properly denied.
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| Dan Lin-Chen v. Mukasey, 07-1467-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 20, 2007, Decided
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Overview: Substantial evidence under 8 U.S.C.S. § 1252(b)(4)(B) supported denying asylum for a Chinese alien because the fact that she was not admitted to a certain school and that the police surrounded her church did not rise to the level of persecution, particularly as no one from the church was arrested, and its members practiced their religion unharmed.
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| De Rong Lian v. Mukasey, 07-0838-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 20, 2007, Decided
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Overview: Substantial evidence under 8 U.S.C.S. § 1252(b)(4)(B) supported the denial of asylum, withholding of removal, and CAT relief for a Chinese alien because there was no evidence that the government was aware of his participation in a protest outside of a family planning office or that the government was actively looking for him based on this activity.
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| Fofana v. Mukasey, 07-1649-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 20, 2007, Decided
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Overview: BIA's finding that alien did not establish that harm was on account of protected ground set forth in 8 U.S.C.S. § 1101(a)(42) was substantially supported by alien's testimony that rebels attacked a shop because they were looking for money and country reports that did not indicate that ethnicity was a motivating factor in conflict involving rebels.
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| Hang Chen v. Mukasey, 07-0465-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 20, 2007, Decided
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Overview: Substantial evidence under 8 U.S.C.S. § 1252(b)(4)(B) supported the denial of asylum for a Chinese alien because he stated in his asylum application and in his credible fear interview that he feared persecution due to China's family planning policy, but at the merits hearing, the alien testified that he lied in the application and at the interview.
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| He Cheng Riu v. Mukasey, 06-3849-ag, NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 20, 2007, Decided
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Overview: Where an IJ misstated the record by confusing the date of Chinese asylum applicant's wife's forcible abortion with date of applicant's encounter with family planning officials and also impermissibly speculated about interactions between departments of Chinese government, court remanded case and vacated denial of applicant's application for asylum.
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| Hu Chuan Ning v. Mukasey, 07-0008-ag, NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 20, 2007, Decided
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Overview: Under 8 U.S.C.S. § 1252(b)(4)(B), BIA and an IJ properly denied asylum to Chinese applicant seeking asylum based on "other resistance" to China's coercive population control program. The IJ's adverse credibility determination was supported by substantial evidence where the asylum applicant's application contained substantial and material omissions.
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| Jian Chun Sun v. Mukasey, 07-0866-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 20, 2007, Decided
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Overview: Substantial evidence under 8 U.S.C.S. § 1252(b)(4)(B) supported the denial of asylum, withholding of removal, and CAT relief for two Chinese aliens because they presented no evidence of any arrests, beatings, detentions, or any other incidents, which fairly could have been classified as constituting persecution on account of a protected ground.
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| Jong v. Mukasey, 05-6499-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 20, 2007, Decided
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Overview: BIA's denial of withholding of removal claim was vacated because an exception to the rule that harm to alien's close family member did not qualify as past persecution might have applied where an alien, who was teenager when his father was kidnapped and murdered, might have been so drastically affected that the killing amounted to past persecution.
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