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| Kravtchouk v. Mukasey, No. 06-5057-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, December 5, 2007, Decided
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Overview: BIA reviewed its initial decisions to dismiss alien's appeal and to deny motion to reopen and found that alien did not establish that it had made any errors of fact or law. Motion to reopen was properly denied in light of the BIA's reasonable conclusion that the alien failed to provide clear and convincing evidence that his marriage was bona fide.
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| Mu Ming Lin v. Mukasey, 07-2048-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, December 5, 2007, Decided
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Overview: Denial of asylum, withholding of removal, and CAT relief was affirmed. IJ properly based adverse credibility finding on, inter alia, discrepancy between alien's application stating he went to protest land sale with his father and others and his testimony that he did not go and his inability to provide time frame of events forming basis of claim.
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| Pin Hua Lin v. Mukasey, 06-5188-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, December 5, 2007, Decided
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Overview: Substantial evidence under 8 U.S.C.S. § 1252(b)(4)(B) supported the denial of asylum and withholding of removal for a Chinese alien because he did not testify as to any government threats to harm him for any alleged violation of the family planning policy, and there was no evidence supporting his claim that authorities sought him for sterilization.
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| United States v. Morales, No. 06-1800-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, December 5, 2007, Decided
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| Wen Sheng Dong v. Mukasey, 07-1540-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, December 5, 2007, Decided
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Overview: Inasmuch as petitioner, a native and citizen of the People's Republic of China, failed to provide the particularized evidence necessary to demonstrate eligibility for CAT relief, substantial evidence supported the BIA's conclusion that he failed to meet the high burden of proof for his CAT claim.
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| Zhoa Yu Li v. Mukasey, 07-1670-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, December 5, 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's testimony and asylum application were inconsistent with respect to when he allegedly was arrested, and he provided nonresponsive answers when questioned about the inconsistencies.
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