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| Polanco v. Hopkins, Docket No. 07-1739-pr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, December 6, 2007, Decided
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Overview: Imminent danger exception of 28 U.S.C.S. § 1915(g) did not violate a prisoner's right to equal protection of laws and was not overbroad; thus § 1915(g) barred prisoner who met statutory criteria from bringing another civil action where prisoner had already brought at least three prior lawsuits that were dismissed for reasons provided in § 1915(g).
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| Sheng Wen Dong v. Mukasey, 07-1071-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, December 6, 2007, Decided
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Overview: Court denied a Chinese citizen's petition seeking review of the BIA's affirmance of an IJ's decision denying the citizen's application for asylum. Because the citizen sufficiently failed to challenge the pretermission of his untimely asylum claim and the IJ's adverse credibility finding before the court, the court deemed any such arguments waived.
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| Silge v. Merz, Docket No. 06-0629-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, December 6, 2007, Decided
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Overview: Where a creditor's complaint sought a "demand for judgment against each of defendants in sum of $ 1,153,545, plus costs," and a default judgment was entered, although creditor's intent was to seek all interest accrued, plain meaning of Fed. R. Civ. P. 54(c) mandated that creditor's award be confined to amount specified in complaint's demand clause.
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| Ying Lin v. Mukasey, 07-0869-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, December 6, 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 because an IJ found implausible the alien's testimony that, although there was a warrant for her arrest, she returned to her native province and used her own passport to flee China.
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| JiCheng Xiao v. Bd. of Immigration Appeals, 05-5173-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, December 7, 2007, Decided
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Overview: IJ did not abuse its discretion in denying a Chinese citizen's motion to reopen. The citizen failed to present evidence indicating that he would be sterilized upon return to China on account of his three children born in U.S.; thus, he did not establish his prima facie eligibility for relief, and his fear of future persecution was unsubstantiated.
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| Singh v. Bd. of Immigration Appeals, 04-1821-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, December 7, 2007, Decided
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Overview: An appellate court lacked jurisdiction under 8 U.S.C.S. § 1252 to review an Indian alien's adjustment of status claim as well as his claim that ineffective assistance of counsel excused his untimely asylum application because the alien failed to exhaust his administrative remedies regarding either claim before seeking judicial review.
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| Singh v. Mukasey, 06-1955-ag (L); 06-3000-ag (con) NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, December 7, 2007, Decided
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Overview: BIA did not abuse its discretion in dismissing an Indian alien's appeal of a denial of his second motion to reopen for lack of jurisdiction as the alien improperly filed the motion with the IJ, but the IJ lacked jurisdiction under 8 C.F.R. § 1003.2(a) after the BIA had considered an appeal of the IJ's denial of the alien's first motion to reopen.
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| Xiu Fen Xia v. Mukasey, Docket No. 06-2959-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, December 7, 2007, Decided
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Overview: Alien who arranged to have abortion before Chinese officials discovered her pregnancy was not subjected to forced abortion within meaning of 8 U.S.C.S. § 1101(a)(42) because officials were completely unaware of alien's pregnancy and potential punishments that alien might have face if pregnancy were discovered never developed in fact or as threat.
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