Second Circuit

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CA2 on Well-founded Fear Based on Government’s Future Awareness of Involvement in Banned Organization(64 KB - 1/25/2010)
CA2 vacated the BIA's decision in asylum case and remanded with instructions to provide petitioner an opportunity to submit any additional evidence "as to the Chinese government's likely future awareness of his involvement with the CDP." (Ge v. Holder, 12/02/09). AILA Doc. No. 10012570.
CA2 Finds CT Conviction for 2nd Degree Larceny an Aggravated Felony(104 KB - 1/25/2010)
CA2 held that second-degree larceny conviction in violation of Conn. Gen. Stat. § 53a-123 qualifies as a “theft offense” within the meaning of 8 U.S.C. § 1101(a)(43)(G) and, thus, as an aggravated felony under 8 U.S.C. § 1227(a)(2)(A)(iii) (Almeida v. Holder, 12/08/09). AILA Doc. No. 10012569.
CA2 Finds Due Process Denied Where BIA Invoked Uncharged 8 U.S.C. § 101(a)(43)(U) as Removal Basis(74 KB - 1/25/2010)
CA2 vacated BIA's order of removal finding petitioner was deprived of due process of law when the BIA sua sponte invoked uncharged 8 U.S.C. § 101(a)(43)(U) as a basis for finding her removable under section 237(a)(2)(A)(iii) (Pierre v. Holder, 12/08/09). AILA Doc. No. 10012567.
CA2 on Selective Enforcement of Immigration Laws Based on National Origin, Race, or Religion(90 KB - 1/25/2010)
CA2 affirmed order partially dismissing complaint where there was no clearly established equal protection right to be free of selective enforcement of immigration laws based on national origin, race, or religion at time of detentions. (Turkmen v. Ashcroft, 12/18/09). AILA Doc. No. 10012566.
CA2 Affirms Denial of Citizenship Application Based on Attempted Bank Fraud Conviction(84 KB - 1/25/2010)
CA2 affirmed district court grant of summary judgment affirming CIS denial of plaintiff’s citizenship application on the ground that plaintiff was statutorily barred because of conviction of attempted bank fraud, an “aggravated felony.” (Ljutica v. Holder, 12/03/09). AILA Doc. No. 10012565.

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