U.S. Court of Appeals for the Second Circuit, 2006

The court dismissed for lack of jurisdiction Chen’s challenge to the denial of asylum, holding that her arguments disputed factual findings and discretionary judgments rather than presenting a constitutional claim or question of law under the REAL ID Act.

The court held that Triestman’s pro se submissions could be read to assert that a prison guard negligently failed to patrol or respond to his emergency, a theory within the district court’s FTCA subject-matter jurisdiction because it falls outside the discretionary-function exception.

The court affirmed summary judgment on Salahuddin’s legal-mail and Eighth Amendment claims, but vacated summary judgment on specified religious-exercise claims because the record did not establish a legitimate penological justification or, for the Qur’an/chaplain claim, the defendants’ entitlement to summary judgment.

The court held that the New York federal court had personal jurisdiction over the Investors and was a proper venue, and that the Investors were required to respond to the removed petition to confirm or vacate the arbitration award.

The Second Circuit granted a Tibetan-born Buddhist monk's petition for review of a BIA decision denying asylum, withholding of removal, and CAT relief based on feared persecution in India or China.

The court held that the BIA did not abuse its discretion in denying Ali’s motion to reopen as untimely because he failed to exercise reasonable diligence sufficient for equitable tolling.

The Second Circuit denied Wei Guang Wang's petition for review of the BIA's denial of his motion to reopen deportation proceedings, filed more than four years after his final administrative denial.

The court held that it had collateral-order jurisdiction because delaying a decision on the newspapers’ request denied the contemporaneous access they sought, an injury that could not be remedied after final judgment.