Published opinions from 2007. The case name opens the case page.
November 28, 2007508 F.3d 106
The court affirmed dismissal of Patane’s gender-based discriminatory-action claims because the complaint did not allege facts supporting an inference that any adverse action was taken because of her sex.
July 24, 2007496 F.3d 229
The court held that some of the plaintiffs’ discrimination and retaliation claims were sufficiently pleaded to survive dismissal, while other claims were untimely or inadequately pleaded.
July 16, 2007494 F.3d 296
Reviewing three Chinese asylum petitions en banc, the Second Circuit held that IIRIRA § 601(a)'s amendment of the INA refugee definition unambiguously confines per se 'refugee' status to persons who themselves undergo or fear forced abortion or involuntary sterilization, excluding their spouses and unmarried partners…
July 11, 2007493 F.3d 87
The Second Circuit affirmed dismissal of ATSI’s securities-fraud complaints because the allegations did not meet the particularity and scienter requirements for market manipulation or misrepresentation claims, and the accredited-investor representation was not causally connected to ATSI’s losses.
The Second Circuit affirmed dismissal of the ERISA summary-plan-description claim, denial of leave to add a mortality-table claim, and summary judgment upholding the plan’s 6.75 percent discount rate.
The Second Circuit denied Felix Norbert Siewe's petition for review of the denial of his Cameroon-based asylum, withholding of removal, and Convention Against Torture claims, upholding the immigration judge's adverse credibility finding under the substantial evidence standard.
February 28, 2007480 F.3d 636
The Second Circuit affirmed the district court's dismissal of prisoner Mohamed Abbas's § 1983 complaint as untimely under New York's three-year limitations period. The panel concluded the district court erred in dismissing the complaint sua sponte on an anticipated statute-of-limitations defense without notice or an…
February 28, 2007480 F.3d 636
The court held that the district court erred by sua sponte dismissing claims as time-barred without giving Abbas notice and an opportunity to respond. It nevertheless affirmed because Abbas later received a meaningful opportunity to present his tolling arguments, which the court found meritless: the state Article 78…
The Second Circuit granted Lin Zhong's petition for review, holding that 8 U.S.C. § 1252(d)(1) makes exhaustion of administrative remedies—but not exhaustion of specific issues—a jurisdictional requirement, so the issue-exhaustion rule is mandatory yet waivable, and the Attorney General's failure to object waived it…