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| United States v. Richter, Docket No. 06-1930-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, December 4, 2007, Decided
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Overview: Judgment of the district court was affirmed. Booker did not apply retroactively to cases on collateral review. There was, therefore, no colorable claim of a constitutional violation, and, hence, the absence of other avenues of collateral attack did not give rise to serious constitutional questions. As a result, a writ of audita querela did not lie.
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| Wensheng Yan v. Mukasey, Docket No. 04-4700-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, December 4, 2007, Decided
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Overview: IJ's finding of inherent implausibility regarding the fact that a Chinese asylum applicant took two expensive vacations bore legitimate nexus to conclusion that applicant's claim of persecution was not credible; IJ's adverse credibility thus constituted substantial evidence under 8 U.S.C.S. § 1252(b)(4)(B) to support denial of relief from removal.
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