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| Mufied v. Mukasey, Docket No. 06-0396-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 20, 2007, Decided
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Overview: When, in denying an Indonesian applicant withholding of removal under 8 U.S.C.S. § 1231(b)(3)(A), neither an IJ nor BIA considered the applicant's claim that there was a pattern or practice of persecution of Christians in Indonesia, court remanded matter to BIA to give guidance on whether alleged persecution was systemic, pervasive, or organized.
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| Rashid v. Mukasey, 07-0539-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 an adverse credibility finding to deny withholding of removal and CAT relief for a Pakistani alien because discrepancies in his testimony and application concerned the only incidents he alleged of persecution, and he failed to provide an adequate explanation for these discrepancies.
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| Sardina v. UPS, No. 06-3517-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 20, 2007, Decided
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Overview: Under Title VII, employee's allegations of few off-colored and sexually suggestive comments did not rise to level of objectively hostile work environment. Because employee did not show that harassment resulted in tangible employment action, employer could successfully assert defense that it exercised reasonable care to correct harassing behavior.
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| United States v. Jusino, No. 06-0440-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 20, 2007, Decided
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Overview: District court did not abuse its discretion in denying defendant's motion to withdraw his guilty plea. Defendant's claim of innocence rested on a mistaken premise: by his own admission, he set up a meeting with a confidential informant to purchase cocaine, closed the deal, and then traveled to meeting place to retrieve the drugs he had purchased.
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