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| Fall v. Bd. of Immigration Appeals, 07-0553-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 27, 2007, Decided
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Overview: Pursuant to 8 U.S.C.S. § 1252(b)(4)(B), substantial evidence did not support IJ's denial of withholding of removal to citizen of Mauritania where IJ erred by faulting citizen for his failure to provide no letter from individual who helped him escape from Mauritania when, in fact, IJ had letter from individual that had just not yet been translated.
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| Khulumani v. Barclay Nat'l Bank Ltd., Docket No.: 05-2141-cv, 05-2326-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 27, 2007, Decided
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Overview: Corporation's motion to stay pursuant to Fed. R. App. P. 41 was denied. To grant a stay would have deprived district court of opportunity to address principal issue upon which corporations sought U.S. Supreme Court review: whether various prudential doctrines, including case-specific deference to political branches, counseled dismissal of claims.
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| L. & J.G. Stickley, Inc. v. Cosser, No. 06-2819-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 27, 2007, Decided
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Overview: Defendants acknowledged they made a number of literally false statements in their advertisements and business solicitations. The misrepresentations were clearly material, and they therefore sufficed to make out Lanham Act violation. District court did not abuse its discretion in finding irreparable harm and therefore issuing permanent injunction.
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| Lin Zhao v. Mukasey, 06-4744-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 27, 2007, Decided
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Overview: After reviewing IJ's factual findings and denial of asylum to Chinese applicant pursuant to 8 U.S.C.S. § 1252(b)(4)(B), court remanded case to BIA. Applicant was eligible for asylum if he showed physical degradation that occurred in context of detention on basis of protected ground and could demonstrate persecution on account of his own resistance.
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| United States v. Parker, No. 05-6991-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 27, 2007, Decided
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Overview: There were no indications in the record that the district court treated USSG as mandatory or otherwise misunderstood or misapplied the sentencing laws. To the contrary, the district court appeared to have reconsidered the entire record in light of the written submissions of the parties and the current advisory sentencing regime.
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| United States v. Perez, Nos. 05-5342-cr(L), 06-0472-cr(con), 06-1040-cr(con),
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 27, 2007, Decided
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Overview: Where defendant's counsel filed Anders brief challenging reasonableness of defendant's sentence but neglected to address the procedural and substantive reasonableness of the sentence, court ordered that a decision on the Anders motion and on the government's motion for summary affirmance be deferred pending further briefing on reasonableness issue.
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| Valenzuela Grullon v. Mukasey, Docket No. 05-4622-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 27, 2007, Decided
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Overview: Court lacked jurisdiction to review IJ's denial of application for cancellation of removal because alien did not appeal IJ's decision to BIA, 8 U.S.C.S. § 1252(d)(1)'s exhaustion requirement was jurisdictional, alien did not demonstrate that BIA could not provide relief, and there was no manifest injustice exception to the exhaustion requirement.
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| Williams v. Consol. Edison Corp., No. 07-0687-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 27, 2007, Decided
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Overview: District court erred in granting summary judgment to employer in employee's Title VII action alleging sexually and racially hostile work environment where employer's response to employee's substantiated hostile work environment allegations was perfunctory and reasonable juror could find that employer did not take prompt and proper remedial action.
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| Yan Lu v. Bd. of Immigration Appeals, 06-4805-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 27, 2007, Decided
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Overview: Substantial evidence supported the BIA's denial of the alien's CAT claim to the extent she claimed that she would likely be imprisoned and tortured for illegally departing China. The alien provided no basis for the IJ to conclude that she, or someone in her particular alleged circumstances, faced an elevated risk of excessive punishment.
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