LexisNexis® Legal Newsroom
2nd Circuit: Bankruptcy Court Order Final; Insurers’ Deals With Asbestos Claimants Valid

NEW YORK — (Mealey's) The Second Circuit U.S. Court of Appeals on July 22 reinstated a federal bankruptcy court ruling requiring two insurance companies to pay $510 million to asbestos personal injury plaintiffs under decades-old settlements, finding that conditions precedent to payment under...

CA2 on Social Group, Albania: Paloka v. Holder

"The primary issue on this appeal is whether “young Albanian women” or “young Albanian women between the ages of 15 and 25" qualify as a “particular social group” for asylum purposes. 8 U.S.C. § 1101(a)(42)(A). ... In view of the BIA’s two recent precedential...

CA2 on 'Changed Circumstances,' Asylum: Lin v. Holder

"The statute states that an otherwise untimely asylum application “may be considered . . . if the alien demonstrates to the satisfaction of the Attorney General . . . the existence of changed circumstances which materially affect the applicant’s eligibility.” 8 U.S.C. § 1158...

CA2 on Evidence: Urgen v. Holder

"Petitioner contends that his testimony and evidence were sufficient to establish that he is a stateless Tibetan born in Nepal. Because the Board of Immigration Appeals erroneously required Petitioner to prove his nationality through documentary evidence alone, we VACATE and REMAND the Board of...

U.S. High Court Denies Appeal In Suit Over Sept. 11 Toxic Dust Cleanup Costs

WASHINGTON, DC. — (Mealey’s) The U.S. Supreme Court on Dec. 1 rejected a petition challenging the Second Circuit U.S. Court of Appeals’ finding that defendants in a Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) lawsuit can raise an “act of war”...

CA2 on 212(h) - Husic v. Holder

"Petition for review of a Board of Immigration Appeals (“BIA”) decision ordering the petitioner’s removal, denying his request for a waiver of inadmissibility under § 212(h) of the Immigration and Nationality Act, 8 U.S.C. § 1182(h), and denying his request for a continuance...

CA2 on Past Persecution, Kyrgyz Republic: Pan v. Holder

"Aleksandr Pan petitions for review of the January 7, 2013 order of the Board of Immigration Appeals (BIA) dismissing his appeal from an immigration judge’s (IJ) denial of his applications for asylum, withholding of removal, and relief pursuant to the Convention Against Torture (CAT). For...

CA2 on Continuance, Categorical Approach: Flores v. Holder

"We hold that the agency (1) abused its discretion in denying the motion to continue because it failed to apply the correct legal standard, (2) erred in its application of the modified categorical approach to determine whether petitionerʹs convictions for first‐degree sexual abuse under New York...

CA2 on CIMT: Lugo v. Holder

"Maria C. Lugo appeals from the Board of Immigration Appeals’ March 28, 2013 order denying cancellation of removal, and denying relief under the Convention Against Torture. Ms. Lugo argues that the Board erred in holding that her 2005 conviction for misprision of felony qualified as a “crime...

2nd Circuit Finds NSA’s Bulk Metadata Program Not Authorized By Patriot Act

NEW YORK — (Mealey’s) A Second Circuit U.S. Court of Appeals panel on May 7 found that the National Security Agency’s bulk telephone metadata collection program is not authorized by Section 215 of the USA Patriot Act, reversing a trial court’s dismissal of the lawsuit brought...

A ‘Gossip Girl’ Cross-Continent Custody Catastrophe Case

Kelly Rutherford, an American actress known for her role in the television show “Gossip Girl,” has been involved in a custody dispute regarding her two minor children. Ms. Rutherford’s former husband, Daniel Giersch, was previously given custody by a California court. As he was unable...

Ballard Spahr LLP: Supreme Court Ruling Could Alter Class Action Landscape

By Mark J. Levin | The U.S. Supreme Court has agreed to decide a case that could alter the landscape of federal class action litigation. Granting the defendant’s petition for certiorari in Campbell-Ewald Company v. Gomez , the Court will review (1) whether a case becomes moot, and thus beyond...

CA2 on Derivative Citizenship: Morales-Santana v. Lynch

"Petitioner Luis Ramon Morales‐Santana seeks review of a Board of Immigration Appeals (“BIA”) decision denying his motion to reopen his removal proceedings to evaluate his claim of derivative citizenship. Under the statute in effect when Morales‐Santana was born, Immigration and Nationality...

Williams Mullen: Health Care Providers Lacked Standing to Sue as ERISA Beneficiaries: Rojas v. Cigna Health and Life Insurance Company

By Mark S. Thomas The U. S. Court of Appeals for the Second Circuit has affirmed a dismissal of claims by two physicians and their medical practice asserting standing under ERISA to enjoin an insurer from removing them from its coverage network. Rojas v. Cigna Health and Life Insurance Company , Case...

CA2 on Evidence, Credibility: Ahmed v. Lynch

"We are unable to meaningfully review the agency’s removability determination due to the BIA’s failure to consider material evidence—namely, Ahmed’s 1994 marriage certificate. ... The BIA makes no mention of Ahmed’s 1994 marriage certificate. Given that the removability...

CA2 on 'When...Released', Indefinite Detention: Lora v. Shanahan

"[W]e join the Third, Fourth, and Tenth Circuits in holding that DHS retains its authority and duty to detain an alien even if not exercised immediately upon the alien’s release. Regardless of whether “when . . . released” contemplates detainment immediately upon release or merely...

CA2 on Portability, Jurisdiction - Mantena v. Johnson

Mantena v. Johnson, Dec. 30, 2015 - "Mantena had availed herself of the Immigration and Nationality Act’s so‐called “portability” provisions, 8 U.S.C. § 1154(j) and 8 U.S.C. § 1182(a)(5)(A)(iv), to move to a successor employer while continuing in her application for adjustment...

CA2 on 'Clear Error' - Lin v. Lynch

Lin v. Lynch, Feb. 11, 2016 - "This petition to review a decision of the Board of Immigration Appeals (“BIA”) requires consideration of the standard of review for a court of appeals considering the BIA’s determination that an Immigration Judge’s (“IJ”) findings...

CA2 Salvadoran Asylum Remand Victory: Zelaya de Ceron v. Lynch (unpub.)

Zelaya de Ceron v. Lynch, May 4, 2016, unpub. - "The sole issue on appeal is whether substantial evidence supports the agency’s determination that the Petitioners failed to show that the Salvadoran government is unable or unwilling to control gang violence, specifically at the hands of the...

Habeas Victory in New York: Guerra v. Shanahan

Guerra v. Shanahan , July 29, 2016 - "Appeal from a judgment of the United States District Court for the Southern District of New York (Wood, J.) granting Petitioner‐Appellee Deyli Noe Guerra’s petition for a writ of habeas corpus and ordering a bond hearing before an immigration judge. Respondents...

CA2 on Retroactivity: Lauria v. Sessions (unpub.)

Lauria v. Sessions, Feb. 24, 2017 - "[W]ithout now deciding whether Vartelas identifies commission or conviction as the relevant date, but relying on the parties’ view that the matter may be decided by reference to commission, we remand for the agency to develop the record as to the date of...

CA2 on India, Asylum, Timeliness, Credibility, Relocation: Singh v. Sessions (unpub.)

Singh v. Sessions, Apr. 14, 2017 (unpub.) - "[T]he agency required Singh to definitively establish his arrival date, and ignored evidence that Singh lived in India during the year preceding his filing, which was material to whether he filed his application within one year of his arrival in the United...

CA2 on AggFel, Categorical Approach: Harbin v. Sessions

Harbin v. Sessions, June 21, 2017 - "We hold that N.Y. Penal Law § 220.31 defines a single crime and is therefore an “indivisible” statute. Accordingly, the agency should have applied the so‐called “categorical approach,” which looks to the statutory definition of the...

CA2 on Retroactivity: Centurion v. Sessions

Centurion v. Sessions, June 21, 2017 - "Petitioner Charles William Centurion, a lawful permanent resident of the United States, was placed in removal proceedings after a brief 2007 trip to the Dominican Republic because of a drug offense he committed in Texas in 1990. The drug offense was not finally...

CA2 on Equitable Tolling: Watson v. USA (No Compensation for American Citizen Illegally Imprisoned by ICE)

Watson v. USA, July 31, 2017 - "Davino Watson, a United States citizen, was improperly held in immigration detention for more than three years because the government mistakenly believed that he was a deportable alien. He sued under the Federal Tort Claims Act in the United States District Court...