Published opinions from 2008. The case name opens the case page.
December 4, 2008550 F.3d 180
The en banc court affirmed Cavera’s above-Guidelines sentence, concluding that the district court acted within its discretion by finding that stricter New York gun laws created a heightened need to deter trafficking there.
The court denied all three petitions for review, concluding that the agency reasonably applied a case-by-case approach to Chinese nationals claiming fear of forced sterilization based on having more than one child.
August 12, 2008537 F.3d 185
The court held that a district court deciding whether a plaintiff may proceed under a pseudonym must balance the plaintiff’s interest in anonymity against the public interest in disclosure and potential prejudice to defendants, and that the decision is reviewed for abuse of discretion.
The court vacated the judgment upholding the denial of disability benefits because the ALJ rejected the treating physician’s opinion without adequately addressing the objective MRI evidence in the record.
July 21, 2008534 F.3d 162
The court held that the REAL ID Act permits an immigration judge to consider any inconsistency or omission, including one collateral to an asylum applicant’s persecution claim, when assessing credibility under the totality of the circumstances.
The Second Circuit granted in part and dismissed in part consolidated petitions for review by three Guinean women who underwent female genital mutilation as children, holding that under 8 C.F.R.
April 10, 2008522 F.3d 182
The Second Circuit affirmed the district court's attorney's fee award to prevailing Voting Rights Act plaintiffs, rejecting their challenge to the court's use of Northern District of New York hourly rates rather than higher Southern District rates for their Manhattan counsel.
March 7, 2008519 F.3d 90
The Second Circuit granted the petition for review and remanded the BIA's affirmance of the IJ's denial of asylum, withholding of removal, and CAT relief to Macedonian natives Safet, Vesmina, and Ilda Corovic. The court held that the government violated the confidentiality regulation 8 C.F.R.
February 21, 2008517 F.3d 601
The Second Circuit held that a pro se litigant who fails to object timely to a magistrate judge's order on a non-dispositive matter — here, the denial of a motion to compel discovery — waives appellate review of that order even without an express warning from the magistrate judge, because Rule 72(a) itself warns of…