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| Alivodja v. Mukasey, 07-1214-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 30, 2007, Decided
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Overview: IJ's adverse credibility finding was supported by substantial evidence because it was based on material inconsistencies between petitioner's testimony and the documents he submitted in support his application. The inconsistency cast doubt on petitioner's contention that he was ever abused by police--the central element of his asylum claim.
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| Gui Yin Liu v. INS, Docket No. 03-4803-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 30, 2007, Decided
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Overview: On reconsideration, an appellate court concluded that it lacked jurisdiction under U.S.C.S. § 1252(a)(2)(D) to review an IJ's determination that a Chinese alien's asylum application was not timely filed because the alien's claim did not raise a constitutional claim or a question of law, but instead challenged the IJ's factfinding.
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| Hui Lin v. Mukasey, 07-2831-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 30, 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 asylum and related relief for a Chinese alien, particularly as his testimony was inconsistent with his asylum application with respect to his claim of how he freed a pregnant woman from a storeroom prior to the forced abortion of her pregnancy.
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| Yu Fang Huang v. Mukasey, 07-1861-ag (NAC),
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 30, 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 asylum and related relief for a Chinese alien because the alien was hesitant and evasive as to whether she had relocated to another province, and she omitted claimed attempts to relocate to avoid gynecological exams from her asylum application.
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| Hamilton v. Mukasey, 06-3064-ag, 07-1076-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, December 3, 2007, Decided
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Overview: Under former 8 U.S.C.S. § 1432(a), an alien was not entitled to derivative citizenship based on the naturalization of his father because alien's mother did not become naturalized before alien turned 18, alien's parents were never married, and mother's intent to leave alien's father did not qualify as a legal separation for purposes of § 1432(a)(3).
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