United States Second Circuit - Opinion Summaries

Atsilov v. Gonzales

Sanctions
Petition for review of denial of request to lift the conditional basis of permanent-resident status and, consequently, pretermitting application for...

In Re: Ostashko

Bankruptcy Law, Civil Procedure, Family Law
Reversal of bankruptcy court decision, and judgment in favor of defendant wife -- which ruled that her rights to marital property vested when the...

Chen v. U.S. Dep't of Justice

Administrative Law, Civil Rights, Immigration Law, International Law
Denial of application for asylum, withholding of removal, and relief under the Convention Against Torture, is remanded to the BIA to: 1) determine if...

Nelson v. Unum Life Ins. Co. of Am.

ERISA, Insurance Law, Labor & Employment Law
Motion to dismiss for lack of appellate jurisdiction on ground that the judgment was not final is denied where the district court's decision...

G&T Terminal Packaging Co. v. U.S. Dep't of Agric.

Administrative Law, Agriculture, Government Law
In case where petitioners made illicit cash payments to USDA inspectors, revocation of petitioners' licences to operate in the wholesale produce trade...

Silva-Carvalho Lopes vs Gonzales

Administrative Law, Evidence, Immigration Law
Denial of motion to reopen and rescind an in absentia order of removal is vacated where, although the BIA properly applied a presumption of receipt...

Lin vs US Dep't. of Justice

Civil Rights, Immigration Law, International Law
Motion to remand to BIA based on new evidence suggesting the existence of an official policy of forced sterilization in Changle City, Fujian Province,...

Hoxhallari v. Gonzales

Administrative Law, Civil Rights, Immigration Law
Petition for review of denial of an application for asylum, withholding of removal, and relief under the Convention Against Torture, is denied where...

Yung v. Walker

Constitutional Law, Criminal Law & Procedure, Evidence, Habeas Corpus
Grant of conditional writ of habeas corpus and denial of respondents' request for an evidentiary hearing is vacated where the district court exceeded...

Continental Food Group v. P.J Produce Inc.

Agriculture, Civil Procedure, Debt Collection, Transportation
In action to enforce the trust provisions of the Perishable Agricultural Commodities Act after defendant defaulted on payments owed to suppliers and...