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| Asar v. United States INS, No. 02-4514-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 21, 2007, Decided
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Overview: IJ's finding that alien did not establish past persecution was vacated pursuant to 8 U.S.C.S. § 1252(b)(4)(B) because IJ did not make credibility finding and alien's testimony that he was arrested after speaking at a political rally, held for eighteen days, interrogated, and beaten with sticks supplied essential elements of past persecution claim.
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| Hongmin Guo v. INS, 07-0695-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 21, 2007, Decided
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Overview: IJ's adverse credibility determination in denying alien's application for withholding of removal was supported by substantial evidence. IJ properly found alien's testimony that he was detained for one month by Chinese government and he was released upon his wife's payment of 8000 yuan was inconsistent with her letter, which omitted the assertions.
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| Motorola Credit Corp. v. Uzan, Docket No. 06-1222-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 21, 2007, Decided
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Overview: Where borrowers engaged in a fraudulent scheme to bilk creditor of over $ 2 billion, punitive damages award of $ 1 billion was valid under Illinois law because borrowers did not demonstrate that the award exceeded their ability to pay. Punitive damages were not grossly excessive under Due Process Clause because borrowers' conduct was reprehensible.
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| Qing Hai Lin v. Mukasey, 07-0121-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 21, 2007, Decided
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Overview: The BIA did not abuse its discretion in denying an alien's motion to reopen his removal proceeding; the BIA's prior decision in the proceeding was issued nine months prior to when the alien submitted his motion, well beyond the 180-day deadline under 8 C.F.R. § 1003.23(b)(4)(iii)(A) for motions to rescind based on ineffective assistance of counsel.
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| Ucelo-Gomez v. Mukasey, Docket Nos. 04-4184-ag(L), 04-4185-ag(CON),
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 21, 2007, Decided
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Overview: Upon granting Chevron deference to the BIA, a court found that the BIA's interpretation of the INA phrase "particular social group" as excluding affluent Guatemalans was reasonable; thus, the court denied a petition brought by affluent Guatemalan asylum applicants seeking review of the BIA's summary affirmance of IJ's denial of their applications.
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| Singh v. Bd. of Immigration Appeals, 03-40024-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 26, 2007, Decided
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| Tabbaa v. Chertoff, Docket No. 06-0119-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 26, 2007, Decided
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Overview: Where U.S. Bureau of Customs and Border Protection (CBP) had reason to believe that persons with known terrorist ties would attend Islamic conference, CBP's detention of plaintiffs who attended conference did not violate First or Fourth Amendment because detentions were routine in border context and were narrowly tailored to confirming identities.
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