U.S. Court of Appeals for the Second Circuit, 2005

The Second Circuit, per curiam, denied Yun-Zui Guan's petition for review of the BIA's affirmance of the IJ's denial of asylum, withholding of removal, and CAT protection. The court held that where the BIA agrees with the IJ's adverse credibility determination without rejecting any of the IJ's grounds, it reviews both…

The court denied Majidi’s petition for review because the IJ’s finding that his accounts of a material 1993 incident were inconsistent was supported by substantial evidence. The court held that the IJ could rely on that inconsistency without first asking Majidi to explain it, and that the adverse credibility finding…

The court vacated and remanded most of the agency’s decision because the IJ’s credibility and corroboration analysis included speculation, failure to consider significant evidence, and an improper authentication requirement, leaving uncertainty about the result absent those errors.

The Second Circuit affirmed the District Court's summary judgment dismissal of Percy Jeffreys's 42 U.S.C. § 1983 suit alleging that New York City police officers beat him and threw him out of a third-story school window.

The court granted Zhang’s petition and remanded because the immigration judge applied an impermissibly categorical rule that opposition to government extortion and corruption cannot constitute political opinion.

The court denied Yang’s petition for review, concluding that substantial evidence supported the IJ’s adverse credibility finding and that the finding defeated the factual basis for her asylum and INA withholding claims.

A Second Circuit per curiam denied Jian Xing Huang's petition for review of a BIA order that reversed an immigration judge's grant of asylum and withholding of removal. The court held that 8 C.F.R.

The court granted Chen’s petition for review, vacated the Board’s decision, and remanded because the Board did not consider a country-condition report that materially corroborated his assumed-credible testimony and fear of future persecution.

The Second Circuit denied Lakhwinder Singh's petition for review of a BIA order refusing to reopen his removal proceedings. The court held it lacked jurisdiction to review the underlying October 21, 2002 BIA order because Singh had not timely appealed it, and held on the merits that the BIA did not abuse its…

The Second Circuit granted Alexander Twum's petition for review and vacated the BIA's summary affirmance of an immigration judge's order denying his motion to reopen exclusion proceedings that had ended in an in absentia exclusion order.

The court held that Crosby’s pre-Booker sentence was imposed under a mandatory Guidelines regime using judge-found facts, requiring the district court to reconsider whether to resentence under the law as changed by Booker.