U.S. Court of Appeals for the Second Circuit Cases ©     Coverage   Help   Search Westlaw   Topic: AllAntitrust & Trade RegulationBankruptcyCivil RightsCommercial Law & ContractsCriminal JusticeEducationFamily LawFinance & BankingFirst AmendmentGovernment BenefitsImmigrationInsuranceIntellectual PropertyInternational LawLabor & EmploymentLegal EthicsPension & Retirement BenefitsProducts LiabilitySecurities & Blue Sky LawTaxationTransportation In re ZYPREXA PRODUCTS LIABILITY LITIGATION Mulligan Law Firm, Appellant, v. Zyprexa MDL Plaintiffs' Steering Committee II and Eli Lilly and Company, Appellees. [FN*]FN* The Clerk of Court is directed to amend the caption to appear as set forth in, C.A.2 (N.Y.), February 8, 2010 Appeal from orders of the United States District Court for the Eastern District of New York, No. 04-MD-01596 (Jack B. Weinstein, Judge). This appeal concerns a set of orders by the district court regarding attorney compensation in this ongoing multidistrict litigation. We conclude that we do not have jurisdiction to hear this interlocutory appeal and that it is not appropriate for us to grant a writ of mandamus. Appeal dismissed; application for a writ of mandamus denied. Judge Kaplan concurs in... Brett BOLMER, Plaintiff-Appellee, v. Joseph OLIVEIRA, M.D., Connecticut Department of Mental Health and Addiction Services, Defendants-Appellants, Malena Sangut, Diane Dekeyser, M.D., Victoria Estaba, M.D., Donna Pellerin, M.D., Danbury Hospital, , C.A.2 (Conn.), February 8, 2010 Appeal from an order of the United States District Court for the District of Connecticut (Arterton, J.) entered August 6, 2008. The court denied summary judgment to Defendants who had asserted qualified immunity and Eleventh Amendment immunity defenses. On interlocutory appeal, Defendants-Appellants raise several arguments we have no jurisdiction to review, and we DISMISS the appeal as to these arguments. As to their reviewable challenges, we cannot conclude as a matter of law that Defendants-Ap... EASTERN POTATO DEALERS, INC., et al., Plaintiffs-Appellees, and, TNC Packing Corporation, Thomas Case, and Nancy Case, Defendants-Appellees, v. DIBBLE & MILLER, P.C., Non-Party-Appellant. [FN*]FN* The Clerk of the Court is respectfully directed t, C.A.2 (N.Y.), February 4, 2010 Appeal from the United States District Court for the Western District of New York (Telesca, J.). Gerald F. Norton (Craig D. Chartier, on the brief), Dibble & Miller, P.C., Rochester, NY, for Appellant. Bruce Levinson (Gregory Brown, on the brief), Law Offices of Bruce Levinson, New York, NY, for Appellees. SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the April 21, 2009 order of the United States District Court for the Western District of New York... BO LIN LIN, a/k/a Paul Chang, Petitioner, v. Eric H. HOLDER Jr., [FN1] United States Attorney General, Respondent. FN1. Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Attorney General Eric H. Holder Jr. is automatically substitute, C.A.2, February 4, 2010 Feng Li, New York, NY, for petitioner. Michael F. Hurtz, Acting Assistant Attorney General, Barry J. Pettinato, Assistant Director, Tim Ramnitz, Attorney, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., for respondent. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals ("BIA") decision, it is hereby ORDERED, ADJUDGED, AND DECREED that the petition for review is DENIED. Petitioner Bo Lin ... Sedat KARABULUT, Petitioner, v. Eric H. HOLDER Jr., Attorney General, [FN*] Respondent. FN* Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Attorney General Eric H. Holder Jr. is automatically substituted for former Attorney Genera, C.A.2, February 4, 2010 Andrew P. Johnson, New York, NY, for Petitioner. Michael F. Hertz, Acting Assistant Attorney General, Janice Redfern, Senior Litigation Counsel, Thankful T. Vanderstar, Attorney, United States Department of Justice, Civil Division, Office of Immigration Litigation, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a decision of the Board of Immigration Appeals ("BIA"), it is hereby ORDERED, ADJUDGED, AND DECREED, that the petition for revi... Wongchhu SHERPA, Petitioner, v. Eric H. HOLDER Jr., [FN1] United States Attorney General, Respondent. FN1. Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Attorney General Eric. H. Holder Jr. is automatically substituted for former, C.A.2, February 4, 2010 Khagendra Gharti-Chhetry, New York, NY, for Petitioner. Michael F. Hertz, Acting Assistant Attorney General; William C. Peachey, Assistant Director; Ada E. Bosque, Attorney; Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals ("BIA") decision, it is hereby ORDERED, ADJUDGED, AND DECREED that the petition for review is DENIED. Petitioner Wong... YUEN CHUEN SIU, Petitioner, v. Eric H. HOLDER Jr., United States Attorney General, [FN*] Respondent. FN* Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Attorney General Eric H. Holder Jr. is automatically substituted for former At, C.A.2, February 4, 2010 John X. Wang, New York, NY, for Petitioner. Tony West, Assistant Attorney General; Terri J. Scadron, Assistant Director; Genevieve Holm, Trial Attorney, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals ("BIA") decision, it is hereby ORDERED, ADJUDGED, AND DECREED, that the petition for review is DENIED. Yuen Chuen Siu, a native and cit... YOU DING YANG, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent. , C.A.2, February 4, 2010 Petition for review of an order of the Board of Immigration Appeals ("BIA"). Gary J. Yerman, New York, NY, for Petitioner. Tony West, Assistant Attorney General, Civil Division; John C. Cunningham, Senior Litigation Counsel Office of Immigration Litigation; Remi Adalemo, Civil Division, U.S. Department of Justice, Washington, DC, for Respondent. SUMMARY ORDER ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the petition for review is GRANTED, the decision of the... BAO TAI JIANG, also known as Jiang Bao Tai, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent. , C.A.2, February 4, 2010 Nathan Weill, New York, NY, for Petitioner. Tony West, Assistant Attorney General, Jennifer Paisner Williams, Senior Litigation Counsel, Colette J. Winston, Attorney, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a decision of the Board of Immigration Appeals ("BIA"), it is hereby ORDERED, ADJUDGED, AND DECREED, that the petition for review is DENIED... Donovan HOWARD, Plaintiff-Appellant, v. The CITY OF NEW YORK and New York City Human Resources Administration, Defendants-Appellees. [FN*]FN* The Clerk of the Court is respectfully directed to amend the official caption in this action to conform to, C.A.2 (N.Y.), February 4, 2010 Appeal from the United States District Court for the Southern District of New York (Koeltl, J.). Donovan Howard, Reisterstown, MD, pro se. Cheryl Payer, Assistant Corporation Counsel, City of New York Law Department, New York, NY, for Appellees. SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the August 4, 2008 judgment of the United States District Court for the Southern District of New York is AFFIRMED. Plaintiff Donovan Howard, pro se, commenced ... Francis B. GILDERNEW, Plaintiff-Appellant, v. Andrea QUARANTILLO, District Director, New York City District Office, United States Citizenship and Immigration Services; Eduardo Aguirre, Director of the United States Citizenship and Immigration Servi, C.A.2 (N.Y.), February 4, 2010 Appeal from an order of the United States District Court for the Southern District of New York (Berman, J.), entered on October 30, 2008, denying Plaintiff's motion for summary judgment and granting Defendants' cross-motion for summary judgment. Eamonn Dornan, Dornan & Associates, P.L.L.C., New York, NY, for Plaintiff- Appellant. F. James Loprest, Jr., United States Attorney's Office for the Southern District of New York (David S. Jones, of counsel), New York, NY, for Defendants-Appellees.... Gjergj LUNAJ, Petitioner, v. Eric H. HOLDER Jr., United States Attorney General, [FN1] Respondent. FN1. Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Attorney General Eric H. Holder Jr., is automatically substituted for former At, C.A.2, February 3, 2010 SUMMARY ORDER Gregory G. Katsas, Assistant Attorney General, Civil Division, Francis W. Fraser, Senior Litigation Counsel, Linda Y. Cheng, Law Clerk, U.S. Department of Justice, Office of Immigration Litigation, Washington, D.C. UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals ("BIA") decision, it is hereby ORDERED, ADJUDGED, AND DECREED that the petition for review is DENIED. Petitioner Gjergj Lunaj, a native and citizen of Albania, seeks review of a Ma... QI LIN, also known as Chi Lin, Petitioner, v. Eric H. HOLDER Jr., [FN*] United States Attorney General, Respondent. FN* Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Attorney General Eric H. Holder Jr. is automatically substitute, C.A.2, February 3, 2010 G. Victoria Calle, New York, NY, for Petitioner. Gregory G. Katsas, Assistant Attorney General, Luis E. Perez, Senior Litigation Counsel, Elizabeth D. Kurlan, Trial Attorney, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals ("BIA") decision, it is hereby ORDERED, ADJUDGED, AND DECREED that the petition for review is DENIED... WEN XIU JIANG, Petitioner, v. Eric H. HOLDER, Jr., [FN1] United States Attorney General, Respondent. FN1. Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Attorney General Eric H. Holder, Jr., is automatically substituted for former, C.A.2, February 3, 2010 Farah Loftus, Century City, CA, for Petitioner. Gregory G. Katsas, Assistant Attorney General, Ernesto H. Molina, Jr., Assistant Director, Anthony P. Nicastro, Senior Litigation Counsel, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals ("BIA") decision, it is hereby ORDERED, ADJUDGED, AND DECREED that the petition for revi... Brian HOSPEDALES, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, [FN*] Respondent. FN* Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Attorney General Eric H. Holder, Jr., is automatically substituted for form, C.A.2, February 3, 2010 Michael E. Swartz, Marji Molavi, Schulte Roth & Zabel LLP, New York, NY, for Petitioner. Tony West, Assistant Attorney General; Barry J. Pettinato, Assistant Director; Charles E. Canter, Attorney, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals ("BIA") decision, it is hereby ORDERED, ADJUDGED, AND DECREED, that the petition for review is... Aleh ZHELIAZOUSKI, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, [FN*] Respondent. FN* Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Attorney General Eric H. Holder, Jr., is automatically substituted for former At, C.A.2, February 3, 2010 Holding: The Court of Appeals held that BIA abused its discretion in denying motion. Petition granted. Alexander J. Segal, The Law Offices of Grinberg & Segal, New York, NY, for Petitioner. Tony West, Assistant Attorney General; Carl H. McIntyre, Jr., Assistant Director; Francis W. Fraser, Senior Litigation Counsel, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a... XIANG YOU ZHENG, also known as Zheng Xiang You, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent. , C.A.2, February 3, 2010 Eric Zheng, New York, NY, for Petitioner. Tony West, Assistant Attorney General; M. Jocelyn Lopez Wright, Senior Litigation Counsel; Anna Nelson, Trial Attorney, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals ("BIA") decision, it is hereby ORDERED, ADJUDGED, AND DECREED, that the petition for review is DENIED. Petitioner Xiang You Zh... UNITED STATES, Appellee, v. Christine OWAD, Defendant-Appellant. , C.A.2 (N.Y.), February 3, 2010 Appeal from the United States District Court for the Northern District of New York (McAvoy, J.). Arza Feldman, Feldman and Feldman, Uniondale, NY, for Appellant. Paul D. Silver and Joshua Vinciguerra, Assistant United States Attorneys, for Andrew T. Baxter, United States Attorney for the Northern District of New York, Albany, NY, for Appellee. SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the United States District Court for the So... James MOSBY, Plaintiff-Appellant, v. WILLIAM FLOYD UNION FREE SCHOOL DISTRICT, William Floyd Board of Education, Vincent Pascale, President; Jeananne Dawson, Vice President; Richard Colby; William Guiducci; Anthony Liberti; Mark Mensch and Patrick , C.A.2, February 3, 2010 Appeal from a March 31, 2009 judgment of the United States District Court for the Eastern District of New York (Joanna Seybert, Judge). Rick Ostrove, Leeds Morelli & Brown, P.C., Carle Place, NY, for Appellant. Howard M. Miller (Terry O'Neil and Jessica C. Satriano, on the brief), Bond, Schoeneck & King, PLLC, Garden City, NY., for Appellees. AMENDED SUMMARY ORDER UPON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the District Court is AFFIRMED. ... In re ZYPREXA PRODUCTS LIABILITY LITIGATION. Mulligan Law Firm, Appellant, v. Zyprexa MDL Plaintiffs' Steering Committee II and Eli Lilly and Company, Appellees. [FN*]FN* The Clerk of Court is directed to amend the caption to appear as set forth i, C.A.2 (N.Y.), February 3, 2010 Appeal from orders of the United States District Court for the Eastern District of New York, No. 04-MD-01596 (Jack B. Weinstein, Judge). This appeal concerns a set of orders by the district court regarding attorney compensation in this ongoing multidistrict litigation. We conclude that we do not have jurisdiction to hear this interlocutory appeal and that it is not appropriate for us to grant a writ of mandamus. Appeal dismissed; application for a writ of mandamus denied. Judge Kaplan concurs in... CLEAR CHANNEL OUTDOOR, INC., Atlantic Outdoor Advertising, Inc., Scenic Outdoor, Inc., Troystar City Outdoor LLC, and Willow Media, LLC, Consolidated- Plaintiffs-Appellants, v. CITY OF NEW YORK and Patricia J. Lancaster, in her official capacity a, C.A.2 (N.Y.), February 3, 2010 Appeal from an order of the District Court for the Southern District of New York (Crotty, J.), entered on March 31, 2009, granting summary judgment to Defendants, and finding that the challenged provisions of the New York City Zoning Resolution do not impose unconstitutional restrictions on Plaintiffs' commercial speech rights in violation of the First Amendment or the New York State Constitution. AFFIRMED. Victor A. Kovner (James Eric Rosenfeld and Linda Jane Steinman, on the brief), Davis Wrig... SAI YING CHEN, Petitioner, v. Eric H. HOLDER, Jr., [FN1] Attorney General of the United States, and Department of Justice, Respondents. FN1. Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Attorney General Eric H. Holder, Jr., is a, C.A.2, February 2, 2010 Bruno Joseph Bembi, Hempstead, NY, for Petitioner. Gregory G. Katsas, Acting Assistant Attorney General, Linda Wernery, Assistant Director, Sarah Maloney, Attorney, Office of Immigration Litigation, U.S. Department of Justice, Civil Division, Washington, D.C., for Respondents. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a decision of the Board of Immigration Appeals ("BIA"), it is hereby ORDERED, ADJUDGED, AND DECREED, that the petition for review is DENIED in part a... UNITED STATES of America, Appellee, v. Myron Orlando HENRY, Jason Dantley Davis, also known as Handsome, Defendants- Appellants, Joseph Marcell Ray, Defendant. , C.A.2 (Conn.), February 2, 2010 Appeal from the United States District Court for the District of Connecticut (Thompson, J.). William H. Paetzold, Moriarty, Paetzold & Sherwood, Glastonbury, CT, for Appellant Davis. Edward T. Kang, Assistant United States Attorney, (William J. Nardini, Assistant United States Attorney, of counsel), for Nora R. Dannehy, Acting United States Attorney for the District of Connecticut, New Haven, CT, for Appellee. SUMMARY ORDER ON CONSIDERATION WHEREOF, it is hereby ORDERED, ADJUDGED, and D... SAI YING CHEN, Petitioner, v. Eric H. HOLDER, Jr., [FN1] Attorney General of the United States, and Department of Justice, Respondents. FN1. Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Attorney General Eric H. Holder, Jr., is a, C.A.2, February 2, 2010 Bruno Joseph Bembi, Hempstead, NY, for petitioner. Gregory G. Katsas, Acting Assistant Attorney General, Linda Wernery, Assistant Director, Sarah Maloney, Attorney, Office of Immigration Litigation, U.S. Department of Justice, Civil Division, Washington, D.C., for respondents. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a decision of the Board of Immigration Appeals ("BIA"), it is hereby ORDERED, ADJUDGED, AND DECREED, that the petition for review is DENIED in part a... FIRST UNUM Life INSURANCE COMPANY, Plaintiff-Appellee, v. Teah WULAH, Defendant-Appellant. [FN*]FN* The Clerk of the Court is respectfully directed to amend the official caption of this action to conform to the caption of this summary order. , C.A.2 (N.Y.), February 2, 2010 Appeal from the United States District Court for the Southern District of New York (Francis, J.). Teah Wulah, pro se, Bronx, NY, for Appellant. Louis P. Digiaimo (Randi F. Knepper, of counsel; Mee Sun Choi, on the brief), McElroy, Deutsch, Mulvaney & Carpenter, LLP, Morristown, NJ, for Appellee. SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the October 8, 2007 order of the United States District Court for the Southern District of New York is REVER... Michael BLAYLOCK, Plaintiff-Appellant, v. Correctional Officer Barry BORDEN, Sergeant John Swanson, Dr. John Supple, and Jane Doe, of Fishkill Correctional Facility, in their individual and official capacities, Defendants-Appellees. [FN**]FN** The , C.A.2 (N.Y.), February 2, 2010 Appeal from the United States District Court for the Southern District of New York (Chin, J.). Michael Blaylock, pro se, Staten Island, NY, for Appellant. Richard O. Jackson, Assistant Solicitor General, for Andrew M. Cuomo, Attorney General of the State of New York, New York, NY, for Appellee. SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED,AND DECREED that the judgment of the United States District Court for the Southern District of New York be AFFIRMED. Plaintiff ... Khalid RANA, also known as Khalid Pervez Rana, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, [FN**] Immigration & Customs Enforcement, United States Secretary of the Department of Homeland, Respondents. FN** Pursuant to, C.A.2, February 2, 2010 Appeal from the Board of Immigration Appeals. Pankaj Malik, Malik & Associates, East Elmhurst, N.Y., for Petitioner. Anh-Thu P. Mai-Windle, Senior Litigation Counsel (Tony West, Assistant Attorney General, and Thomas B. Fatouros, Assistant Director, on the brief), Office of Immigration Litigation, U.S. Department of Justice, Washington, D.C., for Respondents. SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the petition is GRANTED and the matter REMA... Andres BRYAN, Plaintiff-Appellant, v. A.D.A. Adrienne LLOYD, A.D.A. Olivia Rosario, Defendants-Appellees, City of New York, Geovana Reyes, Delia Santiago, Tatyana Pico, and Denice Viva, Defendants. , C.A.2 (N.Y.), February 2, 2010 Appeal from the United States District Court for the Eastern District of New York (Ross, J.). Andres Bryan, pro se, Brooklyn, NY, for Plaintiff-Appellant. Pamela Seider Dolgow, The City of New York Law Department, Appeals Division, for Michael A. Cardozo, Corporation Counsel, New York, NY, for Defendants-Appellees. SUMMARY ORDER UPON DUE CONSIDERATION, it is hereby ORDERED, ADJUDGED, AND DECREED that the judgment of the United States District Court for the Eastern District of New York be... Maurice OPARAJI, Plaintiff-Appellant, v. ATLANTIC CONTAINER LINE, Defendant-Cross-Claimant-Appellee, Penbroke Marine Services, Inc., Defendant-Cross-Defendant-Appellee. , C.A.2 (N.Y.), February 2, 2010 Appeal from a judgment and order of the United States District Court for the Southern District of New York (Lynch, J.). Maurice Oparaji, Rosedale, NY, pro se. Paul M. Keane (Joseph DeMay, Jr., of counsel) Cichanowicz, Callan, Keane, Vengrow & Textor, L.L.P., New York, NY, for Atlantic Container Line. Garth S. Wolfson, Mahoney & Keane, L.L.P., New York, NY, for Penbroke Marine Services. SUMMARY ORDER UPON DUE CONSIDERATION IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment a... UNITED STATES of America, Appellee, v. Rasheem WASHINGTON, Defendant. James Morton, Defendant-Appellant. , C.A.2 (N.Y.), February 2, 2010 Appeal from the United States District Court for the Southern District of New York (Sullivan, J.). Colleen P. Cassidy, of counsel, Federal Defenders of New York, New York, NY, Appearing for Appellant. Jennifer Eileen Burns, Assistant United States Attorneys, Office for the Southern District of New York, New York, NY, Appearing for Appellee. SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the United States District Court for the South... Michael Javier MACIAS-BRITO, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, [FN**] Respondent. FN** Pursuant to Federal Rule of Appellate Procedure 43(c)(2), United States Attorney General Eric H. Holder, Jr., is substit, C.A.2, February 2, 2010 Sandra Greene, GreeneFitzgerald Advocates and Consultants, York, Pennsylvania, for Petitioner. Stuart S. Nickum, Trial Attorney, Office of Immigration Litigation (Tony West, Assistant Attorney General; Jennifer Paisner Williams, Senior Litigation Counsel, Office of Immigration Litigation, on the brief), Civil Division, U.S. Department of Justice, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals ("BIA") decis... UNITED STATES of America, Appellee, v. Bryan NOBLE, Defendant-Appellant. [FN*]FN* The Clerk of the Court is directed to amend the official caption as set forth above. , C.A.2 (N.Y.), February 2, 2010 Appeal from the United States District Court for the Southern District of New York (Sullivan, J.). Samuel M. Braverman, Law Office of Samuel M. Braverman, Bronx, NY, for Appellant. Richard C. Tarlowe and Iris Lan, Assistant United States Attorneys, for Preet Bharara, United States Attorney for the Southern District of New York, New York, NY, for Appellee. SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the United States District Cour... Robert V. CATALDI, Plaintiff-Appellant, v. UNITED WATER NEW YORK, Defendant-Appellee. , C.A.2 (N.Y.), February 2, 2010 Appeal from the United States District Court for the Southern District of New York (Seibel, J.). Robert V. Cataldi, pro se, New York, NY, for Appellant. Curtis Gilfillan, Bivona & Cohen, P.C., New York, NY, for Appellee. SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED,AND DECREED that the judgment of the district court is AFFIRMED. Appellant Robert V. Cataldi, pro se, appeals from the judgment of the United States District Court for the Southern District of New York ... Roberto GUERRERO, Nohora Guerrero, Petitioners, v. Eric H. HOLDER, Jr., United States Attorney General [FN*], Respondent. FN* Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Attorney General Eric H. Holder, Jr., is automatically s, C.A.2, February 2, 2010 Glenn L. Formica, New Haven, CT, for Petitioner. Tony West, Assistant Attorney General, Civil Division; Stephen J. Flynn, Assistant Director; Karen Y. Stewart, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals ("BIA") decision, it is hereby ORDERED, ADJUDGED, AND DECREED that the petition for review is DENIED. Petitioners R... Kareen DELAHAYE, Plaintiff-Appellant, v. HOYT DAK TRANSPORTATION, Defendant-Appellee, Tricia Mims, Defendant. , C.A.2 (N.Y.), February 2, 2010 Appeal from the United States District Court for the Eastern District of New York (Cogan, J.). Kareen Delahaye, Brooklyn, NY, pro se. Paul S. Doherty, III (Anthony J. Cincotta, of counsel), Hartmann Doherty Rosa Berman & Bulbulia, LLC, Hackensack, NJ, for Appellee. SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the February 6, 2009 judgment of the United States District Court for the Eastern District of New York is AFFIRMED. Plaintiff Kareen Delaha... Hang Yong DONG, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent. , C.A.2, February 2, 2010 Theodore N. Cox, New York, NY, for Petitioner. Tony West, Assistant Attorney General; Michelle Gorden Latour, Assistant Director; Jessica E. Sherman, Trial Attorney, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals ("BIA") decision, it is hereby ORDERED, ADJUDGED, AND DECREED, that the petition for review is DENIED. Hang Yong Dong, a n... Alma HASE, Edison Ceri, Petitioners, v. Eric H. HOLDER Jr., U.S. Attorney General, Respondent. , C.A.2, February 2, 2010 Michael J. Lacey, Grosse Pointe Farms, MI, for Petitioners. Tony West, Assistant Attorney General, Jennifer J. Keeney, Senior Litigation Counselor, Nairi M. Simonian, Trial Attorney, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals ("BIA") decision, it is hereby ORDERED, ADJUDGED, AND DECREED, that the petition for review ... Ke Ing CHEN, a.k.a. Ke-Yin Chen, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent. , C.A.2, February 2, 2010 Ke Ing Chen, New York, NY, pro se. Tony West, Assistant Attorney General; Anh-Thu P. Mai-Windle, Senior Litigation Counsel; Arthur L. Rabin, Trial Attorney, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals ("BIA") decision, it is hereby ORDERED, ADJUDGED, AND DECREED, that the petition for review is DENIED. Petitioner Ke Ing Chen, a na... James C. PACENZA, Sr., Plaintiff-Appellant, v. IBM CORPORATION, Defendant-Appellee. , C.A.2 (N.Y.), February 2, 2010 Appeal from the United States District Court for the Southern District of New York (Gardephe, J.). Michael D. Diederich, Jr., Law Office of Michael D. Diederich, Jr ., Esq., Stony Point, NY, for Appellant. Kevin G. Lauri, Jackson & Lewis, LLP, New York, NY, for Appellee. SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the United States District Court for the Southern District of New York be AFFIRMED. Plaintiff, James C. Pazenza, Sr.,... Yanyu Lu, Qingfeng CHEN, Petitioners, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent. , C.A.2, February 2, 2010 Yanyu Lu, Qingfeng Chen, pro se, New York, NY, for Petitioners. Tony West, Assistant Attorney General; Anthony C. Payne, Senior Litigation Counsel; Yedidya Cohen, Trial Attorney, Office of Immigration Litigation, United States Department of Justice, Washington, D.C. for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION, it is hereby ORDERED, ADJUDGED,AND DECREED, that the petition for review is DENIED. Yanyu Lu and Qingfeng Chen, natives and citizens of China, seek review of a May 29, 2009 o... CHOOSECO, LLC, Plaintiff-Counterclaim-Defendant-Appellee, v. LEAN FORWARD MEDIA, LLC, Defendant-Counterclaimant-Appellant. [FN*]FN* The Clerk of the Court is directed to amend the official caption as set forth above. , C.A.2 (Vt.), February 2, 2010 Appeal from the United States District Court for the District of Vermont (Murtha, J.). Pietro J. Lynn, Lynn, Lynn & Blackman, P.C., Burlington, VT, for Appellant. Gary L. Franklin, Primmer Piper Eggleston & Cramer P.C., Burlington, VT, for Appellee. SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the United States District Court for the District of Vermont be AFFIRMED. Appellant, Lean Forward Media ("LFM"), appeals from the district... Yuan Shang ZHU, also known as Yong Shang Zhu, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent. , C.A.2, February 2, 2010 Michael Brown, Law Offices of Michael Brown, New York, NY, for Petitioner. Tony West, Assistant Attorney General; Christopher C. Fuller, Senior Litigation Counsel, Office of Immigration Litigation; Aaron R. Petty, Trial Attorney, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals ("BIA") decision, it is hereby ORDERED, ADJUDGED, AND DECREED... Dwight D. HICKS, Antonio Melendez, and James E. Smith, Plaintiffs-Appellants, v. Tommy E. BAINES, individually and in his official capacity, Defendant-Appellee, John A. Johnson, in his official capacity as Commissioner of the New York State Divisi, C.A.2 (N.Y.), February 2, 2010 Plaintiffs Dwight Hicks, Antonio Melendez, and James Smith sued defendants Tommy Baines and John Johnson for retaliation under 42 U.S.C. § 1981, 42 U.S.C. § 1983, 42 U.S.C. § 1981a, and the New York State Human Rights Law. They now appeal from the judgment of the United States District Court for the Western District of New York (Curtin, J.), awarding summary judgment for defendants on all claims. We vacate and remand in part and affirm in part. David J. Seeger, Law Office of David J. Seeger, ... Kenrick HAMILTON, Plaintiff-Appellant, v. Tammy L. HAMILTON-GRINOLS, Defendant-Appellee. , C.A.2, February 1, 2010 Kenrick Hamilton, Alexandria, VA, pro se. No Appearances, for Appellee. SUMMARY ORDER UPON DUE CONSIDERATION, it is hereby ORDERED, ADJUDGED AND DECREED that the case is DISMISSED for lack of jurisdiction. Appellant Kenrick Hamilton, pro se, appeals the district court's (Telesca, J.) sua sponte dismissal of his complaint for lack of subject matter jurisdiction. We assume the parties' familiarity with the underlying facts, the procedural history of the case, and the issues on appeal. W... NENG YING LIN, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, [FN*] and Board of Immigration Appeals, Respondents. FN* Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Attorney General Eric H. Holder, Jr., is automatically su, C.A.2, February 1, 2010 John Z. Zhang, New York, NY, for Petitioner. Gregory G. Katsas, Assistant Attorney General, Civil Division, Mary Jane Candaux, Assistant Director, Office of Immigration Litigation, Michael C. Heyse, Trial Attorney, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., for Respondents. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals ("BIA") decision, it is hereby ORDERED, ADJUDGED, AND DECRE... KYAW MYO THEIN, Petitioner, v. Eric H. HOLDER, Jr., [FN1] United States Attorney General, United States Citizenship And Immigration Services, Respondents. FN1. Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Attorney General Eric. , C.A.2, February 1, 2010 Patrick Wang, New York, NY, for Petitioner. Michael F. Hertz, Acting Assistant Attorney General; Anthony C. Payne, Senior Litigation Counsel; Tiffany Walters Kleinert, Trial Attorney, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondents. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals ("BIA") decision, it is hereby ORDERED, ADJUDGED, AND DECREED that the petition for review is GRANTED in p... Ying CHEN, Petitioner, v. Eric H. HOLDER Jr., [FN*] U.S. Attorney General, Board of Immigration Appeals, Respondents. FN* Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Attorney General Eric H. Holder, Jr., is automatically substi, C.A.2, February 1, 2010 Farah Loftus, Century City, CA, for Petitioner. Tony West, Assistant Attorney General, Civil Division, Stephen J. Flynn, Assistant Director, Jeffrey R. Meyer, Attorney, Office of Immigration Litigation, U.S. Department of Justice, Washington, D.C., for Respondents. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals ("BIA") decision, it is hereby ORDERED, ADJUDGED, AND DECREED that the petition for review is DENIED. Petitioner Ying Chen, a nati... Gjelil KRASNIQI, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent. , C.A.2, February 1, 2010 Joshua E. Bardavid, New York, NY, for Petitioner. Tony West, Assistant Attorney General, Civil Division; Carl H. McIntyre, Jr., Assistant Director; Kate D. Balaban, Trial Attorney, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals ("BIA") decision, it is hereby ORDERED, ADJUDGED, AND DECREED, that the petition for review is DENIED. Gjel... Lizabeth KINAJ-GJURAJ, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, [FN1] Respondent. FN1. Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Attorney General Eric H. Holder, Jr., is automatically substituted for former Attor, C.A.2, February 1, 2010 Andrew P. Johnson, New York, NY, for Petitioner. Michael F. Hertz, Acting Assistant Attorney General, Stephen J. Flynn, Assistant Director, Arthur L. Rabin, Attorney, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a decision of the Board of Immigration Appeals ("BIA"), it is hereby ORDERED, ADJUDGED, AND DECREED that the petition for review is DENIED.... Boubacar BARRY, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, [FN*] Respondent. FN* Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Attorney General Eric H. Holder Jr., is automatically substituted for former Acting Attorn, C.A.2, February 1, 2010 Ronald S. Salomon, Brooklyn, NY, for Petitioner. Michael F. Hertz, Acting Assistant, Attorney General; Linda S. Wernery, Assistant Director; Sarah Maloney, Attorney, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a decision of the Board of Immigration Appeals ("BIA"), it is hereby ORDERED, ADJUDGED, AND DECREED, that the petition for review is DENIED,... Jing LIN, Petitioner, v. Eric H. HOLDER Jr., United States Attorney General, [FN1] Respondent. FN1. Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Attorney General Eric H. Holder Jr., is automatically substituted for former Attorn, C.A.2, February 1, 2010 Liu Yu, New York, NY, for Petitioner. Gregory G. Katsas, Assistant Attorney General; William C. Peachey, Assistant Director; Yamileth G. Handuber, Trial Attorney, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals ("BIA") decision, it is hereby ORDERED, ADJUDGED, AND DECREED, that the petition for review is DENIED. Jing Lin, a native and ci... Mamadou Moustapha DIALLO, Petitioner, v. Eric H. HOLDER Jr., [FN1] U.S. Attorney General, Respondent. FN1. Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Attorney General Eric H. Holder Jr. is automatically substituted for former , C.A.2, February 1, 2010 Ronald S. Salomon, New York, NY, for Petitioner. Tony West, Assistant Attorney General, Civil Division, Ernesto H. Molina Jr., Assistant Director, Vanessa Otero Lefort, Attorney, Office of Immigration Litigation, U.S. Department of Justice, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals ("BIA") decision, it is hereby ORDERED, ADJUDGED, AND DECREED that the petition for review is DENIED. Petitioner Mamadou ... Jubani AGOSTIN, a.k.a. Zef Gjon Volaj, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, [FN1] Respondent. FN1. Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Attorney General Eric H. Holder, Jr. is automatically substituted f, C.A.2, February 1, 2010 Charles Christophe, New York, NY, for Petitioner. Gregory G. Katsas, Assistant Attorney General, James A. Hunolt, Senior Litigation Counsel, Christopher P. McGreal, Trial Attorney, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a decision of the Board of Immigration Appeals ("BIA"), it is hereby ORDERED, ADJUDGED, AND DECREED, that the petition for re... ZHI LING ZHU, also known as Tse Lin Zhu, Petitioner, v. Eric H. HOLDER, Jr., U.S. Attorney General, [FN*] Respondent. FN* Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Attorney General Eric H. Holder Jr. is automatically substitu, C.A.2, February 1, 2010 Gary J. Yerman, New York, NY, for Petitioner. Michael F. Hertz, Acting Assistant Attorney General; Michelle Gorden Latour, Assistant Director; Tracie N. Jones, Trial Attorney, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals ("BIA") decision, it is hereby ORDERED, ADJUDGED, AND DECREED, that the petition for review is DENIED. Zhi Ling Zhu... Peggy A. HALL, Plaintiff-Appellant, v. KODAK RETIREMENT INCOME PLAN, Kodak Retirement Income Plan Committee, and Trustees of the Kodak Retirement Income Plan, Defendants-Appellees. , C.A.2 (N.Y.), February 1, 2010 Appeal from a judgment of the United States District Court for the Western District of New York (Telesca, J.). R. Scott Deluca, Schrader, Israely, DeLuca & Waters LLP, Williamsville, NY, for Plaintiff-Appellant. Margaret A. Clemens, Littler Mendelson P.C., Rochester, NY, for Defendants- Appellees. SUMMARY ORDER UPON DUE CONSIDERATION, it is hereby ORDERED, ADJUDGED, AND DECREED that the judgment of the district court be AFFIRMED. Plaintiff-Appellant Peggy A. Hall appeals from the Marc... UNITED STATES of America, Appellee, v. Todd CATANZANO, Defendant-Appellant. , C.A.2 (N.Y.), February 1, 2010 Appeal from the United States District Court for the Southern District of New York (Berman, J.). Frederick H. Cohn, Law Office of Frederick H. Cohn, New York, NY, for Appellant. Michael D. Maimin, Assistant United States Attorney (Katherine Polk Failla, Assistant United States Attorney, on the brief), for Preet Bharara, United States Attorney for the Southern District of New York, New York, New York. SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that t... Ronnie DOUGLAS, Plaintiff-Appellant, v. STAMCO, A Division of Monarch Machine Tool Co., Defendant, Monarch Machine Tool, and Monarch Machine Tool, Inc., Defendants-Cross- Claimants, Herr-Voss Stamco, Defendant-Cross-Defendant, Genesis Worldwide, C.A.2 (N.Y.), February 1, 2010 Appeal from a judgment of the United States District Court for the Northern District of New York (Hurd, J.). Anthony R. Martoccia, McMahon, Kublick & Smith, P.C., Syracuse, NY, for Appellant. David G. Klaber, Mark D. Feczko, Jared S. Hawk, K & L Gates LLP, Pittsburgh, PA; Kenneth M. Alweis, Lisa M. Robinson, Goldberg Segalla LLP, Syracuse, NY, for Appellee. SUMMARY ORDER ON CONSIDERATION WHEREOF, it is hereby ORDERED, ADJUDGED, and DECREED that the order of the district court be and here... William AZIZE, Petitioner, v. BUREAU OF CITIZENSHIP AND IMMIGRATION SERVICES, Department of Homeland Security, and United States Attorney General, Respondents. , C.A.2, February 1, 2010 Petition for review of an order of the Board of Immigration Appeals denying an application for cancellation of removal on the ground that the applicant was improperly denied an opportunity to complete an application for naturalization. Remanded for further proceedings to the District Court, from which a petition for a writ of habeas corpus had been transferred. Hagit M. Elul, Hughes Hubbard & Reed LLP, New York, N.Y., for Petitioner. F. James Loprest, Jr., Special Asst. U.S. Atty., New ... In re GRAND JURY SUBPOENA ISSUED JUNE 18, 2009. Account Services Corporation [ASC], KJB Financial Corporation [KJB], Appellants, v. United States of America, Appellee. [FN*]FN* At oral argument, the parties agreed that the case, which had formerly, C.A.2 (N.Y.), February 1, 2010 Appeal from an order of the United States District Court for the Southern District of New York (Sullivan, J.) holding Appellants in contempt for failing to comply with a subpoena duces tecum. This appeal requires us to determine whether a corporation with a sole shareholder, officer, and employee may refuse to comply with a subpoena demanding production of corporate records under the Fifth Amendment's "act of production" privilege. We find it may not. John V. Donnelly III, Cozen O'Connor, Philad... NGM INSURANCE COMPANY, Plaintiff-Counter-Defendant-Appellant, v. BLAKELY PUMPING, INC., d/b/a Assential Pumping, Brian J. Blakely, Defendants- Counter-Claimants-Appellees, Peter J. Slingerland, Nancy Slingerland, Defendants-Appellees, Progressiv, C.A.2 (N.Y.), February 1, 2010 Appeal from a judgment of the United States District Court for the Southern District of New York (Young, J.) declaring that NGM Insurance Company ("NGM") is obligated to defend and indemnify Blakely Pumping, Inc. ("Blakely Pumping"), against liability arising out of an auto accident involving one of Blakely Pumping's officers. On appeal, NGM argues that the insurance policy in question did not cover the officer's auto under any circumstances and, therefore, the district court erred in finding th... Rodwell Arlie Anthony POOLE, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, [FN1] Respondent. FN1. Eric H. Holder, Jr., is automatically substituted as the respondent in this case pursuant to Federal Rule of Appellate Procedure 43(c)(, C.A.2, January 29, 2010 Petition for review of an order of the Board of Immigration Appeals ("BIA"). Jennifer Oltarsh, Oltarsh & Associates, P.C., New York, NY, for Petitioner. Jem Sponzo, Office of Immigration Litigation, United States Department of Justice, Washington D.C., for Respondent. SUMMARY ORDER ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the petition for review is DENIED. Petitioner Rodwell Poole ("petitioner" or "Poole") files this petition for review of a September 16... Daniel MELEANCE, Petitioner-Appellant, v. BOARD OF IMMIGRATION APPEALS, U.S. Department of homeland Security, Respondent- Appellee. , C.A.2 (N.Y.), January 29, 2010 Daniel Meleance, Rome, N.Y., pro se. Lev L. Dassin, Acting United States Attorney for the Southern District of New York; Natasha Oeltjen, Ross E. Morrison, Assistant United States Attorneys, Of Counsel, New York, N.Y., for Appellees. SUMMARY ORDER UPON DUE CONSIDERATION, it is hereby ORDERED, ADJUDGED, and DECREED, that the judgment of the district court be and hereby is AFFIRMED and the motion for a stay of removal is DENIED as moot. Appellant Daniel Meleance, pro se, appeals from the j... William ADKINS, individually and as a shareholder suing in the right of W. Babylon Chevrolet-Geo, Inc. d/b/a Palanker Chevrolet, a Delaware Corporation, Plaintiff-Appellee, Derek S. Sells, The Cochran Firm, Kendall Coffey, Coffey & Wright, LLP, Rich, C.A.2 (N.Y.), January 29, 2010 Appeal from the United States District Court for the Eastern District of New York (Seybert, J.). William B. Pollard, III (Kathrine M. Mortensen, David T. McTaggart, on the brief), Kornstein Veisz Wexler & Pollard, LLP, New York, NY, for Appellant. Norman Olch, (Derek S. Sells, on the brief), The Cochran Firm, New York, NY, for Appellees. SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the decision of the district court is VACATED AND REMANDED. Defenda... Ben SONG, United States Post Office Clerk, Plaintiff-Appellant, v. John E. POTTER, Postmaster General United States Postal Service, Agency, Defendant-Appellee. , C.A.2 (N.Y.), January 29, 2010 Appeal from a judgment of the United States District Court for the Southern District of New York (Kaplan, J.; Katz, M.J.). Ben Song, Rego Park, NY, pro se. Matthew L. Schwartz, Assistant United States Attorney (of Counsel); (Preet Bharara, United States Attorney General for the Southern District of New York; Ross E. Morrison, Assistant United States Attorney (of Counsel) on the brief), New York, NY, for Appellees. SUMMARY ORDER UPON DUE CONSIDERATION IT IS HEREBY ORDERED, ADJUDGED, AND ... Anthony ARRUDA, Plaintiff-Appellant, v. COMMISSIONER OF SOCIAL SECURITY, Defendant-Appellee. , C.A.2 (N.Y.), January 29, 2010 Appeal from a judgment of the United States District Court for the Northern District of New York (Hurd, J., Homer, M.J.). Anthony Arruda, pro se, Watertown, NY, for Appellant. Andrew T. Baxter, Acting United States Attorney for the Northern District of New York (Tomasina DiGrigoli, Special Assistant United States Attorney, on the brief, and Mary Ann Sloan, Acting Regional Chief Counsel-Region II, and Karen G. Fiszer, Assistant Regional Counsel, Social Security Administration Office of the ... Paul SALUJA, Plaintiff-Appellant, v. LOCAL 1199 UNITED HEALTHCARE WORKERS EAST, SEIU, North Shore Long Island Jewish Health System, Defendants-Appellees. , C.A.2 (N.Y.), January 29, 2010 Appeal from a judgment of the United States District Court for the Eastern District of New York (Feuerstein, J.). Paul Saluja, pro se, New Hyde Park, NY, for Appellant. Richard Dorn, Levy Ratner, P.C., New York, NY, for Appellee Local 1199. Michael Joseph Volpe and Shaffin Abdul Datoo, Venable LLP, New York, NY, for Appellee North Shore Long Island Jewish Health System. SUMMARY ORDER UPON DUE CONSIDERATION IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district c... Jose Manuel LEMA, Petitioner, v. ERIC H. Holder, Jr., Attorney General, [FN*] Respondent. FN* The Clerk of Court is directed to amend the official caption in this case to conform to the listing of the parties above. , C.A.2, January 29, 2010 Manuel Gomez, New York, NY, for Petitioner. Zoe J. Heller, Office of Immigration Litigation, Civil Division, Washington, D.C., Tony West, Assistant Attorney General, Civil Division, Department of Justice, Washington, D.C. Mark C. Walters, Senior Litigation Counsel, Office of Immigration Litigation, Department of Justice, Washington, D.C. for Respondent. SUMMARY ORDER Petition for review of an order of the Department of Homeland Security ("DHS"), Immigration and Customs Enforcement ("ICE").... Bernard SINGLETON, Plaintiff-Appellant, v. Attorney General Eric H. HOLDER, Jr., [FN*] United States Department of Justice, Defendant-Appellee. FN* Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Attorney General Eric H. Holder, Jr, C.A.2 (N.Y.), January 29, 2010 Appeal from a judgment of the United States District Court for the Southern District of New York (Lynch, J.). Bernard Singleton, Newport News, VA, pro se. Lev L. Dassin, Acting United States Attorney, Southern District of New York, Daniel P. Filor and Sarah S. Normand, Assistant United States Attorneys, of counsel, New York, N.Y., for Appellee. SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED. Appellant ... Bruce S. BROWN, Plaintiff-Appellant, v. COMMISSIONER OF SOCIAL SECURITY, Defendant-Appellee. , C.A.2 (N.Y.), January 29, 2010 Appeal from the United States District Court for the Southern District of New York (McMahon, J.). Bruce S. Brown, pro se, New York, NY, for Plaintiff-Appellant. Susan C. Branagan, Assistant United States Attorney, David S. Jones, Assistant United States Attorney; for Lev L. Dassin, Acting United States Attorney for the Southern District of New York, New York, NY, for Defendant- Appellee. SUMMARY ORDER UPON DUE CONSIDERATION, it is hereby ORDERED, ADJUDGED, AND DECREED that the judgment o... Elena STRUJAN, Plaintiff-Appellant, v. LEHMAN COLLEGE, Dr. Ricardo R. Fernandez, Dr. Vincent Zucchetto, Dr. Edward Kennelly, Dr. Dwight Kincaid, Dr. Robert Bradley, John/Jane Doe, Defendants- Appellees. [FN*]FN* The Clerk of Court is directed to a, C.A.2 (N.Y.), January 29, 2010 Appeal from the United States District Court for the Southern District of New York (Hellerstein, J.). Elena Strujan, New York, NY, pro se. Patrick J. Walsh, Assistant Solicitor General, for Andrew Cuomo, Attorney General of the State of New York, New York, NY, for Appellees. SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED. Appellant Elena Strujan, pro se, appeals from the judgment of the United States D... Injah TAFARI, Plaintiff-Appellant, v. Paul W. ANNETTS, C.O. Kern, Catherine Jacobsen, Joseph Lurenz, Doe Chill, Defendants-Appellees, David L. Miller, Rosemarie Wendland, Sheryl Butler, William D. Brown, Karen Lafolt, Commissioner Glenn S. Goord, , C.A.2 (N.Y.), January 29, 2010 Appeal from the United States District Court for the Southern District of New York (Daniels, J., Peck, M.J.). Injah Tafari, pro se, Dannemora, NY, for Appellant. Andrew M. Cuomo, Attorney General of the State of New York; Barbara D. Underwood, Solicitor General; Michael S. Belohlavek, Senior Counsel; Robert C. Weisz, Assistant Solicitor General of Counsel, New York, NY, for Appellee. SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the ... Anthony AUGUSTA, Plaintiff-Appellant, v. COMMUNITY DEVELOPMENT CORPORATION OF LONG ISLAND, Defendant-Appellee. , C.A.2 (N.Y.), January 29, 2010 Appeal from a judgment of the United States District Court for the Eastern District of New York (Gleeson, J.). Anthony Augusta, Greenlawn, NY, pro se. Scott G. Christesen; Fumuso, Kelly, DeVerna, Snyder, Swart & Farrell LLP; Hauppauge, NY, for Appellee. SUMMARY ORDER UPON DUE CONSIDERATION IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court be AFFIRMED. Anthony Augusta, pro se, appeals from the district court's order granting the Community Development Corp... UNITED STATES of America, Appellee, v. Perfecto ANTONIO-GENAN, also known as Pedro Germosen, also known as Samuel Huertas, Defendant-Appellant. , C.A.2 (N.Y.), January 29, 2010 Appeal from the United States District Court for the Southern District of New York (Berman, J.). David A. Lewis, Federal Defenders of New York, New York, N.Y., for Appellant. Preet Bharara, U.S. Attorney for S.D.N.Y (Amie N. Ely, Andrew L. Fish, of counsel), for Appellee. SUMMARY ORDER ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of said District Court be and it hereby is AFFIRMED. Perfecto Antonio-Genan, appellant, pled guilty to illegal re-ent... Nicole BURGER, Plaintiff-Appellant, v. Michael J. ASTRUE, Defendant-Appellee. , C.A.2 (N.Y.), January 29, 2010 Mark Schneider, Plattsburgh, NY, for Plaintiff-Appellant. Andreea L. Lechleitner, Special Assistant United States Attorney (Stephen P. Conte, Acting Regional Chief Counsel, on the brief), Social Security Administration, New York, NY, for Defendant-Appellee. SUMMARY ORDER AFTER ARGUMENT AND UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the District Court is VACATED and the case is REMANDED for further proceedings consistent with this SUMMARY ORDER.... Thomas GARRETT, Plaintiff-Appellant, v. NEW YORK CITY DEPARTMENT OF EDUCATION, Paul Robeson High School for Business and Technology, Ira C. Weston, in his official capacity as Principal and individually, Barbara Gatti, in her official capacity as A, C.A.2 (N.Y.), January 28, 2010 Appeal from the United States District Court for the Eastern District of New York (Reyes, M.J.). Thomas Garrett, New York, NY, pro se. Dona B. Morris, Assistant Corporation Counsel, for Michael A. Cardozo, Corporation Counsel of the City of New York, New York, NY, for Appellees. SUMMARY ORDER UPON DUE CONSIDERATION, it is hereby ORDERED, ADJUDGED, AND DECREED that the judgment of said District Court be and hereby is AFFIRMED. Plaintiff Thomas Garrett, pro se, brought this action under Ti... Elisabeth OKOMBI, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, [FN*] Respondent. FN* Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Attorney General Eric H. Holder, Jr., is automatically substituted for form, C.A.2, January 28, 2010 Elisabeth Okombi, Pro se. Tony West, Assistant Attorney General; Terri J. Scadron, Assistant Director; Kristina R. Sracic, Trial Attorney, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals ("BIA") decision, it is hereby ORDERED, ADJUDGED, AND DECREED, that the petition for review is DENIED. Petitioner Elisabeth Okombi, a native and citizen... Darryl T. COGGINS, Plaintiff-Appellee, v. Craig BUONORA, Police Officer, in his individual and official capacity, Defendant-Cross-Claimant-Appellant, County of Nassau, Defendant-Cross-Defendant, Nassau County Police Department, James Vara, Police, C.A.2 (N.Y.), January 28, 2010 Appeal from the United States District Court for the Eastern District of New York (Bianco, J.). Frederick K. Brewington (Scott A. Korenbaum, on the brief), Hempstead, N.Y., for Plaintiff-Appellee. Laurence Jeffrey Weingard, New York, N.Y., for Defendant-Cross-Claimant Appellant. SUMMARY ORDER ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the appeal is DISMISSED in part and the judgment of the district court is AFFIRMED in part. The case is REMANDED for furthe... Ajai BHATIA, Plaintiff-Appellant, v. CITY OF SHELTON, Shelton Police Dept., Ben Trabka, Defendants-Appellees. , C.A.2 (Conn.), January 28, 2010 Appeal from a judgment of the United States District Court for the District of Connecticut (Underhill, J.). Ajai Bhatia, Middletown, CT, pro se. Frank J. Szilagyi, Silvester & Daly, Hartford, CT, for Appellees. SUMMARY ORDER UPON DUE CONSIDERATION, it is hereby ORDERED, ADJUDGED AND DECREED that the order of the district court is VACATED and the case is REMANDED for further proceedings. Plaintiff-Appellant Ajai Bhatia, appeals pro se from a June 12, 2008 order of the district court di... Senora L. BOLARINWA, Petitioner-Appellant, v. Elizabeth WILLIAMS, Superintendent, Bedford Hills Correctional Facility, Respondent-Appellee. [FN*]FN* The Clerk of the Court is directed to amend the official caption as set forth above. , C.A.2 (N.Y.), January 28, 2010 Appeal from a Decision and Order of the United States District Court for the Northern District of New York (Lawrence E. Kahn, Judge ), dated January 4, 2008, dismissing as untimely Petitioner-Appellant's petition for a writ of habeas corpus. We hold that mental illness can serve as a ground for equitable tolling of the one-year statute of limitations for filing habeas petitions prescribed by the Antiterrorism and Effective Death Penalty Act. We accordingly vacate the judgment of the district cou... Mujahid FARID, Plaintiff-Appellant-Cross-Appellee, v. Dr. I. ELLEN, Clinton Correctional Facility, Commissioner Glenn S. Goord, of the New York State Department of Correctional Services, Lieutenant L. Jones, at the Woodbourne Correctional Facility,, C.A.2 (N.Y.), January 28, 2010 Appeal and cross-appeal from a final judgment of the United States District Court for the Southern District of New York (Castel, J.). We affirm the District Court's determination that prison prohibitions on "smuggling" and "contraband" were unconstitutionally vague as applied to Farid, who was disciplined under prison rules for possessing and distributing a pamphlet produced in violation of the internal by-laws of a prisoners' organization. We, however, vacate the District Court's grant of summa... Joseph HAYDEN, Lumumba Akinwole-Bandelle, Wilson Andino, Gina Arias, Wanda Best-Deveaux, Carlos Bristol, Augustine Carmona, David Galarza, Kimalee Garner, Mark Graha M, Keran Holmes, III, Chaujuantheyai Lochard, Steven Mangual, Jamel Massey, Stephne , C.A.2 (N.Y.), January 28, 2010 Plaintiffs-Appellants appeal from the portions of a final order and judgment of the United States District Court for the Southern District of New York (Lawrence M. McKenna, Judge) entered on June 14 and 16, 2004, respectively, that dismissed plaintiffs' claims for relief under the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution and the Fifteenth Amendment of the United States Constitution. Because plaintiffs do not state a plausible claim of intentional disc... Elmer Robert KEACH, III, Intervenor-Appellant, Nichole Marie McDaniel, Lessie Lee Davies, Plaintiffs, v. COUNTY OF SCHENECTADY, Harry Buffardi, Gordon Pollard, Robert Elwell Sr., [FN*] Defendants-Appellees. FN* The Clerk of the Court is d, C.A.2 (N.Y.), January 28, 2010 Appeal by an attorney from a decision of the United States District Court for the Northern District of New York (Gary L. Sharpe, Judge ), denying a motion for recusal and declining to impose sanctions on that attorney. Because the district court merely engaged in routine judicial commentary and criticism of the attorney, while declining to impose sanctions and making no findings of professional misconduct, we lack jurisdiction over this appeal. DISMISSED. John R. Supple, Hinshaw & Culbertson ... UNITED STATES of America, Appellee, v. Tricia ROSSI, Defendant-Appellant. , C.A.2 (N.Y.), January 28, 2010 Defendant-appellant Tricia Rossi appeals from an amended judgment entered on December 12, 2008 in the United States District Court for the Southern District of New York (Denise Cote, Judge) incorporating an amended restitution order of $200,604.61, after an earlier restitution order by Judge Richard Owen was twice vacated and remanded between 2000 and 2001. Rossi contends that because she had already completed her assigned 42 months' imprisonment and three years' supervised release by the time J... UNITED STATES of America, Appellee, v. Carl VAN PUTTEN, Defendant-Appellant. , C.A.2 (N.Y.), January 27, 2010 Appeal from the United States District Court for the Southern District of New York (Peter K. Leisure, Judge). Brian Sheppard, New Hyde Park, NY, [FN1] for Appellant. FN1. Jonathan Svetkey, of Watters & Svetkey, LLP, New York, New York, was appointed as new counsel under the Criminal Justice Act by order dated November 17, 2009. Lev L. Dassin (Joshua A. Goldberg, Jesse M. Furman, Assistant United States Attorneys, on the brief), Acting United States Attorney for the Southern Distri... Gary H. RAMEY; Dean R. Droz; Euclides Paim; Dennis J. Seath; Ryan T. Abdool; Thomas P. O'Grady; Joseph R. Cummings; Anthony Grginovich; Peter T. Ehrling; Martin Higgins; Joseph Pescatore; John I. Rudic; Rocco F. Salerno; Michael J. Dunne; Garry Hagst, C.A.2 (N.Y.), January 27, 2010 Appeal from the United States District Court for the Eastern District of New York (Cogan, J.; Korman, J.). Joseph Guerrieri, Jr. (Jeffrey A. Bartos, Angela Serranzana on the brief) Guerrieri, Edmond, Claymon & Bartos, P.C., Washington, DC, for Appellant-Cross-Appellees. Eric M. Nelson, New York, NY, for Appellees-Cross-Appellants. SUMMARY ORDER ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of said District Court be and it hereby is VACATED in par... Norma Cummings RETTEK, Plaintiff-Appellant, v. ELLIS HOSPITAL, Linda Breault, as Trustee of Ellis Hospital, Mark Breslin, as Trustee of Ellis Hospital, Christine Cioffi, as Trustee of Ellis Hospital, James Connolly, as Trustee of Ellis Hospital, Ga, C.A.2 (N.Y.), January 27, 2010 Appeal from a judgment of the United States District Court for the Northern District of New York (Sharpe, J.). Daniel L. Kurtz (Sarah E. McCallum, on the brief), Skadden, Arps, Slate, Meagher & Flom LLP, New York, NY, for Appellant. Diana R.H. Winters, Assistant Solicitor General (Barbara D. Underwood, Solicitor General, and Benjamin N. Gutman, Deputy Solicitor General, on the brief), for Andrew M. Cuomo, Attorney General of the State of New York, for Appellee Andrew M. Cuomo. Daniel J.... Mohamed Shifan Mohamed SHAHABDEEN, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent. , C.A.2, January 27, 2010 Benjamin B. Xue, New York, NY, for Petitioner. Tony West, Assistant Attorney General, Civil Division; M. Jocelyn Lopez Wright, Senior Litigation Counsel; Kristin K. Edison, Attorney, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals ("BIA") decision, it is hereby ORDERED, ADJUDGED, AND DECREED, that the petition for review is GRANTED. ... Hui LIN, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, [FN1] Respondent. FN1. Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Attorney General Eric H. Holder, Jr., is automatically substituted for former Attor, C.A.2, January 27, 2010 Vlad Kuzmin, Kuzmin & Associates, P.C., New York, NY, for Petitioner. Tony West, Assistant Attorney General; Ernesto H. Molina, Jr., Assistant Director; M. Lee Quinn, Trial Attorney, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals ("BIA") decision, it is hereby ORDERED, ADJUDGED, AND DECREED that the petition for review is DENIED. Pet... WENG SHENG DA, also known as Sheng Da Weng, Petitioner, v. Eric H. HOLDER, Jr., [FN1] United States Attorney General, Respondent. FN1. Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Attorney General Eric H. Holder, Jr., is automat, C.A.2, January 27, 2010 Lee Ratner, New York, NY, for Petitioner. Michael F. Hertz, Acting Assistant Attorney General; William C. Peachey, Assistant Director; Jem C. Sponzo, Trial Attorney, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a decision of the Board of Immigration Appeals ("BIA"), it is hereby ORDERED, ADJUDGED, AND DECREED that the petition for review is DENIED. Petitioner Weng ... Karim REZAUL, Also Known as Karim MD Rezaul, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, [FN*] Respondent. FN* Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Attorney General Eric H. Holder, Jr., is automat, C.A.2, January 27, 2010 David J. Rodkin, New York, NY, for Petitioner. Tony West, Assistant Attorney General, Civil Division; Michelle Gorden Latour, Assistant Director; Kimberly A. Burdge, Trial Attorney, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals ("BIA") decision, it is hereby ORDERED, ADJUDGED, AND DECREED that the petition for review is DENIED. ... Liaqat ALI, Adeel Liaqat, Petitioners, v. Eric H. HOLDER, Jr., United States Attorney General, [FN*] Respondent. FN* Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Attorney General Eric H. Holder, Jr., is automatically substituted, C.A.2, January 27, 2010 Khaghendra Gharti-Chhetry, New York, NY, for Petitioners. Tony West, Assistant Attorney General; Anh-Thu P. Mai-Windle, Senior Litigation Counsel; Annette M. Wietecha, Trial Attorney, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals ("BIA") decision, it is hereby ORDERED, ADJUDGED, AND DECREED that the petition for review is DENIED. Petit... Jose DE LA CRUZ, also known as Jose DelaCruz, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, [FN1] Respondent. FN1. Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Attorney General Eric H. Holder, Jr., is autom, C.A.2, January 27, 2010 Sandra Greene, Greene Fitzgerald Advocates and Consultants, York, PA, for Petitioner. Tony West, Assistant Attorney General; James E. Grimes, Senior Litigation Counsel; William C. Minick, Attorney, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals ("BIA") decision, it is hereby ORDERED, ADJUDGED, AND DECREED, that the petition for review i... FEI LONG ZEN, also known as Fei Long Zeng, Petitioner, v. Eric H. HOLDER Jr., United States Attorney General, [FN*] Respondent. FN* Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Attorney General Eric H. Holder Jr. is automaticall, C.A.2, January 27, 2010 Liu Yu, New York, NY, for Petitioner. Tony West, Assistant Attorney General, Civil Division; Douglas E. Ginsburg, Senior Litigation Counsel, Office of Immigration Litigation; Daniel I. Smulow, Civil Division, United States Department of Justice, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals ("BIA") decision, it is hereby ORDERED, ADJUDGED, AND DECREED that the petition for review is DENIED. Petitioner Fei... Goberdhan RAMSARAN, Donna Seecharan, Petitioners, v. Eric H. HOLDER, Jr., U.S. Attorney General, [FN1] Respondent. FN1. Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Attorney General Eric H. Holder, Jr., is automatically substitu, C.A.2, January 27, 2010 Visuvanathan Rudrakumaran, New York, NY, for Petitioners. Tony West, Assistant Attorney General, Barry J. Pettinato, Assistant Director, Tim Ramnitz, Attorney, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a decision of the Board of Immigration Appeals ("BIA"), it is hereby ORDERED, ADJUDGED, AND DECREED, that the petition for review is DENIED. Petit... HAI LIN CHEN, a.k.a. Hailins Chen, a.k.a. Hailin Chen, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, United States Department of Justice, Respondent. , C.A.2, January 27, 2010 Hai Lin Chen, pro se. Michael F. Hertz, Acting Assistant Attorney General, Barry J. Pettinato, Assistant Director, John D. Williams, Trial Attorney, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals ("BIA") decision, it is hereby ORDERED, ADJUDGED, AND DECREED that the petition for review is DENIED. Petitioner Hai Lin Ch... Mumtaz HAFEEZ, Samia Chaudhry, Petitioners, v. Eric H. HOLDER Jr., [FN1] United States Attorney General, Respondent. FN1. Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Attorney General Eric. H. Holder Jr. is automatically substit, C.A.2, January 27, 2010 Mumtaz Hafeez, pro se. Samia Chaudhry, pro se. Gregory G. Katsas, Acting Assistant Attorney General, Civil Division, Michelle Gorden Latour, Assistant Director, Jessica E. Sherman, Trial Attorney, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals ("BIA") decision, it is hereby ORDERED, ADJUDGED, AND DECREED that the pet... UNITED STATES of America, Appellee, v. Jose ANTONETTI, Defendant-Appellant. , C.A.2 (N.Y.), January 27, 2010 Appeal from a judgment of the United States District Court for the Southern District of New York (Preska, J.). Laurie S. Hershey, Law Offices of Laurie S. Hershey, Esq., Manhasset, NY, for Appellant. John J. O'Donnell (Preet Bharara, Andrew L. Fish, on the brief), United States Attorneys Office of the Southern District of New York, New York, NY, for Appellee. SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the sentence be AFFIRMED and the matter REMA... UNITED STATES of America, Appellee, v. Jose Santiago VERA, also known as Max, Eduardo Casiano, Defendants-Appellants. , C.A.2 (Conn.), January 27, 2010 Appeal from the United States District Court for the District of Connecticut (Kravitz, J.). Michele Hauser, Law Office of Michele Hauser, David L. Lewis, Lewis & Fiore, New York, NY, for Defendants-Appellants. Assistant United States Attorney Robert M. Spector (Sandra S. Glover, Assistant United States Attorney, on the brief) for Nora R. Dannehy, United States Attorney for the District of Connecticut, for Appellee. SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AN... Greg BOUNDS, Plaintiff-Appellant, v. PINE BELT MENTAL HEALTH CARE RESOURCES, Walid Rahhal-Mohamed, M.D., Chris Lamousin, M.D. and Asim Ulusarac, M.D., Defendants-Appellees, Eli Lilly and Company, Defendants. , C.A.2 (N.Y.), January 27, 2010 Appeal from an order entered in the United States District Court for the Eastern District of New York (Weinstein, J.) denying reconsideration of a judgment entered in the United States District Court for the Southern District of Mississippi (Starrett, J.) denying a motion by plaintiff-appellant, a citizen of Mississippi, to remand the action to the Circuit Court of Forrest County, Mississippi following its removal to the Federal District Court by defendant-appellee drug manufacturer, a citizen o... David H. WEINTRAUB, Petitioner-Appellant, v. BOARD OF EDUCATION OF The CITY SCHOOL DISTRICT OF The CITY OF NEW YORK, Community School District 32, City of New York, Douglas Goodman, Daisy O'Gorman, Felix Vazquez, Frank Miller, Aida Serrano, Lawrenc, C.A.2 (N.Y.), January 27, 2010 Petitioner-Appellant David H. Weintraub, a former New York City public school teacher, appeals from an order of the United States District Court for the Eastern District of New York (I. Leo Glasser, Judge), inter alia, dismissing his claim that Respondents-Appellees violated his First Amendment rights by retaliating against him based on his filing of a formal grievance with his union. Weintraub filed the grievance to challenge the school administration's refusal to discipline a student who threw... Charles EDWARDS, Petitioner-Appellant, v. Glen S. GOORD, Commissioner, Respondent, Superintendent, Franklin Correctional Facility, Respondent-Appellee. , C.A.2 (N.Y.), January 26, 2010 Appeal from the United States District Court for the Northern District of New York (Singleton, J.). Vivian Shevitz, South Salem, NY, for Petitioner-Appellant. Thomas B. Litsky, Assistant Attorney General (Barbara D. Underwood, Solicitor General, Roseann B. MacKechnie, Deputy Solicitor General for Criminal Matters, of counsel), for Andrew M. Cuomo, Attorney General of the State of New York, New York, NY, for Respondent-Appellee. SUMMARY ORDER ON CONSIDERATION WHEREOF, it is hereby ORDERED... Thomas M. LONGI, Plaintiff-Appellant, v. State of NEW YORK, et al., Defendants-Appellees. , C.A.2 (N.Y.), January 26, 2010 Appeal from a judgment of the United States District Court for the Eastern District of New York (Feuerstein, J.). Thomas M. Longi, pro se, Shirley, NY, for Appellant. Marc Rowin, Lynch Rowin, LLP, New York, NY, for Appellees AT & T Corp. David Lawrence, III, Assistant Solicitor General, State of New York Office of the Attorney General, New York, NY, for New York State agencies and officials. Andrew J. Mihalick, Kral, Clerkin, Redmond, Ryan, Perry & Girvan, LLP, Mineola, NY, Town of B... Nina M.M. ANDRIAS, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent. , C.A.2, January 26, 2010 Yee Ling Poon; Robert Duk-Hwan Kim; Law Offices of Yee Ling Poon, LLC, New York, NY, for Petitioner. Tony West, Assistant Attorney General; John C. Cunningham, Senior Litigation Counsel; Joseph D. Hardy, Trial Attorney, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals ("BIA") decision, it is hereby ORDERED, ADJUDGED, AND DECREED, that the... Alonvy FERDILUS, Petitioner, v. Eric H. HOLDER, Jr., U.S. Attorney General, Respondent. [FN1]FN1. The Clerk of the Court is directed to amend the official caption as set forth above. , C.A.2, January 26, 2010 Melinda M. Basaran, Paterson, NJ, for Petitioner. Tony West, Assistant Attorney General, Barry J. Pettinato, Assistant Director, John D. Williams, Trial Attorney, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a decision of the Board of Immigration Appeals ("BIA"), it is hereby ORDERED, ADJUDGED, AND DECREED, that the petition for review is DENIED. ... Chaya and Michael UNGAR, Yitty Nieman, Friedrich and Regina Weiser, Moshe Deutsch, Isaac Teller, Solomon Wollner, Shia Pinchus Schwartz, Irene Ackerman, Yehuda Stein, Solomon Werzberger, Joshua Adler, Chaim Eidlisz, Azriel Katz, Moshe Stern, and Esth, C.A.2 (N.Y.), January 26, 2010 Appeal from a judgment of the United States District Court for the Southern District of New York (Robert W. Sweet, Judge). Michael H. Sussman, Sussman & Watkins, Goshen, NY, for Appellants. Steven J. Rappaport, of counsel to Sonya M. Kaloyanides, Acting General Counsel, New York City Housing Authority, New York, NY, for Appellee. SUMMARY ORDER ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of said District Court be and it hereby is AFFIRMED. Plain... Agung Putra MEWENGKANG, Petitioner, v. Eric H. HOLDER Jr., U.S. Attorney General, [FN1] Respondent. FN1. Pursuant to Federal Rule of Appellate Procedure 43(c)(2), United States Attorney General Eric H. Holder Jr. is substituted for former At, C.A.2, January 26, 2010 Benjamin B. Xue, New York, NY, for Petitioner. Tony West, Assistant Attorney General, Anthony P. Nicastro, Senior Litigation Counsel, Andrew N. O'Malley, Trial Attorney, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals ("BIA") decision, it is hereby ORDERED, ADJUDGED, AND DECREED, that the petition for review is DENIED in ... DIANY BA and Moussa Kante, Petitioners, v. Eric H. HOLDER, Jr., U.S. Attorney General, [FN1] Respondent. FN1. Pursuant to Federal Rule of Appellate Procedure 43(c)(2), United States Attorney General Eric H. Holder, Jr., is substituted for fo, C.A.2, January 26, 2010 Theodore Vialet, New York, NY, for Petitioner. Tony West, Assistant Attorney General, Mark C. Walters, Senior Litigation Counsel, Zoe J. Heller, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C ., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of these petitions for review of two Board of Immigration Appeals ("BIA") decisions, it is hereby ORDERED, ADJUDGED, AND DECREED, that the petitions for review are DENIED in part and DISMISSE... GONG XIN SUN, Petitioner, v. Eric H. HOLDER, Jr., [FN1] United States Attorney General, Respondent. FN1. Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Attorney General Eric H. Holder, Jr., is automatically substituted for former , C.A.2, January 26, 2010 Michael Brown, New York, NY, for Petitioner. Michael F. Hertz, Assistant Attorney General; David V. Bernal, Assistant Director; Lauren E. Fascett, Trial Attorney, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals ("BIA") decision, it is hereby ORDERED, ADJUDGED, AND DECREED, that the petition for review is DENIED. Gong Xin Sun, a native an... Traore OUSMANE, Petitioner, v. Eric H. HOLDER, Jr., [FN1] United States Attorney General, Respondents. FN1. Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Attorney General Eric H. Holder, Jr., is automatically substituted for form, C.A.2, January 26, 2010 Gregory C. Osakwe, Hartford, CT, for Petitioner. Tony West, Assistant Attorney General; Linda S. Wernery, Assistant Director; William C. Minick, Attorney, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals ("BIA") decision, it is hereby ORDERED, ADJUDGED, AND DECREED, that the petition for review is DENIED. Traore Ousmane, a native and c... MEI RONG WENG, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, [FN*] Respondent. FN* Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Attorney General Eric H. Holder, Jr., is automatically substituted for former Attorney Gener, C.A.2, January 26, 2010 Charles Christophe, New York, N.Y., for Petitioner. Michael F. Hertz, Acting Assistant Attorney General, M. Jocelyn Lopez Wright, Senior Litigation Counsel, Stefanie Notarino Hennes, Trial Attorney, United States Department of Justice, Civil Division, Office of Immigration Litigation, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a decision of the Board of Immigration Appeals ("BIA"), it is hereby ORDERED, ADJUDGED, AND DECREED, that t... HUI QIN ZHANG, aka Qin Hui, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, [FN1] Respondent. FN1. Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Attorney General Eric H. Holder Jr., is automatically substituted for former A, C.A.2, January 26, 2010 Hui Qin Zhang, pro se, New York, NY, for Petitioner. Gregory G. Katsas, Assistant Attorney General, Janice K. Redfern, Senior Litigation Counsel, Lindsay B. Glauner, Trial Attorney, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals ("BIA") decision, it is hereby ORDERED, ADJUDGED, AND DECREED, that the petition for review is DENIED. Hui Qi... UNITED STATES of America, Appellee, v. Robert WASHINGTON, Defendant-Appellant. , C.A.2 (N.Y.), January 26, 2010 Appeal from the United States District Court for the Eastern District of New York (Vitaliano, J.). James M. Branden, New York, NY, for Defendant-Appellant. Susan Corkery and David Bitkower, Assistant United States Attorneys for Benton J. Campbell, United States Attorney for the Eastern District of New York, Brooklyn, NY, for Appellee. SUMMARY ORDER ON CONSIDERATION WHEREOF, it is hereby ORDERED, ADJUDGED, and DECREED that the judgment of the district court be and hereby is AFFIRMED. Def... HUANG CHEN, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, [FN*] Respondent. FN* Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Attorney General Eric H. Holder, Jr. is automatically substituted for former Attorney General M, C.A.2, January 26, 2010 Yee Ling Poon, Robert Duk-Hwan Kim, New York, NY, for Petitioner. Gregory G. Katsas, Assistant Attorney General, Francis W. Fraser, Senior Litigation Counsel, T. Bo Stanton, Attorney, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a decision of the Board of Immigration Appeals ("BIA"), it is hereby ORDERED, ADJUDGED, AND DECREED, that the petition for... Markos PAPPAS, Petitioner-Appellant, Gordon Lauria, Petitioner-Appellant-Cross-Appellee, v. UNITED STATES of America, Appellee-Cross-Appellant. [FN*]FN* The Clerk of Court is directed to amend the official caption to conform to the listing of the , C.A.2 (Conn.), January 25, 2010 Appeal from an order of the United States District Court for the District of Connecticut (Peter C. Dorsey, Judge). John T. Walkley, Law Offices of John T. Walkley, Monroe CT, for Gordon Lauria. Markos Pappas, pro se, Pollock, LA, for Markos Pappas. David T. Huang, Assistant United States Attorney (Nora R. Dannehy, Acting United States Attorney, and William J. Nardini, Assistant United States Attorney, on the brief), District of Connecticut, Hartford, CT, for Appellees-Cross-Appellants. ... UNITED STATES of America, Appellee, v. Marian Asenov PENEV, Defendant-Appellant. , C.A.2 (N.Y.), January 25, 2010 Appeal from a judgment of the United States District Court for the Western District of New York (Siragusa, J.), following the defendant's guilty plea. Charles F. Wilson, Nevins & Nevins LLP, East Hartford, CT, for Appellant. Stephen J. Baczynski, Assistant United States Attorney, for Kathleen M. Mehltretter, United States Attorney for the Western District of New York, Buffalo, NY, for Appellee. SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that this ap... UNITED STATES of America, Appellee, v. William SPENCER, Defendant-Appellant. , C.A.2 (N.Y.), January 25, 2010 Appeal from a judgment of the United States District Court for the Southern District of New York (Loretta A. Preska, Chief Judge). Clifford J. Barnard, Boulder, CO, for Defendant-Appellant. William J. Stellmach, Assistant United States Attorney (Preet Bharara, United States Attorney, and Katherine Polk Failla, Assistant United States Attorney, of counsel), Office of the United States Attorney for the Southern District of New York, New York, NY, for Appellee. SUMMARY ORDER UPON CONSIDERAT... PRIME 4 VENTURES, INC., Plaintiff-Appellant, v. CREATIVE CONCEPTS OF AMERICA, INC., Defendant-Appellee, Red Bull, Inc., Red Bull of North America, Inc., Defendants. , C.A.2 (N.Y.), January 25, 2010 Eugene F. Haber (Melanie I. Wiener, on the brief), Cobert, Haber & Haber, Garden City, N.Y., for Appellant. In Absentia, for Appellees. SUMMARY ORDER Appeal from the March 6, 2008, judgment of the United States District Court for the Southern District of New York (Kaplan, J.), dismissing the action as to Defendant-Appellee pursuant to Federal Rule of Civil Procedure 4(m), and the district court's March 28, 2008, order denying Plaintiff-Appellant's motion for relief from judgment under Feder... Moribine KOUROUMA, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, [FN*] Respondent. FN* Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Attorney General Eric H. Holder, Jr., is automatically substituted for for, C.A.2, January 25, 2010 Theodore Vialet, New York, NY, for Petitioner. Tony West, Assistant Attorney General, Civil Division; John S. Hogan, Senior Litigation Counsel; Edward E. Wiggers, Trial Attorney, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals ("BIA") decision, it is hereby ORDERED, ADJUDGED, AND DECREED, that the petition for review is DENIED. Moribine ... In re CHRYSLER LLC, Debtor. Indiana State Police Pension Trust, Indiana State Teachers Retirement Fund, and Indiana Major Moves Construction Fund, Objectors-Appellants, The Ad HOC Committee of Consumer-Victims of Chrysler LLC, Objector-Appellant, , C.A.2, January 25, 2010 On remand from the Supreme Court of the United States. PER CURIAM: The Supreme Court of the United States vacated the judgment of this court, recorded at In re Chrysler LLC, 576 F.3d 108 (2d Cir.2009), and remanded "with instructions to dismiss the appeal as moot." Ind. State Police Pension Trust, et al., v. Chrysler LLC, et al., --- U.S. ----, ----, --- S.Ct. ----, ----, --- L.Ed.2d ----, 2009 WL 2844364, at *1 (2009). Accordingly, the judgment of this court is vacated and this appeal is... Dolores HANRAHAN, Plaintiff-Appellant, v. RIVERHEAD NURSING HOME, Defendant-Appellee. , C.A.2 (N.Y.), January 25, 2010 Dolores Hanrahan filed an unsuccessful administrative complaint with the New York Division of Human Rights challenging her termination by Riverhead Nursing Home. The New York Supreme Court dismissed her petition for review of the administrative decision without prejudice for failure to join a necessary party. Hanrahan subsequently filed an employment discrimination complaint in the United States District Court for the Eastern District of New York challenging her termination, which was dismissed ... In re MORGAN STANLEY INFORMATION FUND SECURITIES LITIGATION, No. 09-0837-cv, James M. Lindsay, Michael J. McDermott, Stephen B. Dornak, Dietmar H. Kubb, Lisette Vaessen, and Emil H. Vaessen, behalf of themselves and all others similarly situated, Pl, C.A.2 (N.Y.), January 25, 2010 Holdings: The Court of Appeals, Wesley, Circuit Judge, held that: (1) general instructions of Securities and Exchange Commission (SEC) registration form did not require defendants to disclose allegedly omitted information about broker-dealers; (2) SEC form did not require disclosure of allegedly omitted information about broker-dealers as principal risk of investing in funds; (3) mandatory disclosures made in funds' offering documents did not require additional disclosures relating t... VIP OF BERLIN, LLC, Plaintiff-Appellee, v. TOWN OF BERLIN and Denise McNair, in her official capacity as Town Manager, Town of Berlin, CT, Defendants-Appellants, Herman Middlebrooks, Jr., in his official capacity as Town Manager, Town of Berlin, C, C.A.2 (Conn.), January 25, 2010 Defendants-Appellants appeal from a July 2, 2009 opinion and order of the United States District Court for the District of Connecticut (Stefan R. Underhill, Judge ) preliminarily enjoining them from enforcing against Plaintiff-Appellee an ordinance that regulates the operation of sexually oriented businesses. In granting Plaintiff-Appellee's motion for a preliminary injunction, the District Court concluded that Plaintiff-Appellee had shown a clear likelihood of success on the merits of its claim... In re Richard E. JACKSON and Angela J. Shelton, Debtors, Richard E. Jackson, Angela Shelton, Appellants, v. Anthony S. Novak, Chapter 7 Trustee, Appellee. , C.A.2 (Conn.), January 22, 2010 Appeal from a judgment of the United States District Court for the District of Connecticut, Vanessa L. Bryant, Judge, affirming bankruptcy court order that allowed debtors, pursuant to 11 U.S.C. § 522(d)(11)(E), to exempt from their bankruptcy estate only $16,550 of a settlement payment, representing the portion of the settlement constituting post-petition earnings reasonably necessary for support. See 394 B.R. 8 (D.Conn.2008), affirming 376 B.R. 75 (Bankr.D.Conn.2007). Affirmed. Edward P. Ju... Ming HUI ZHOU, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent. , C.A.2, January 22, 2010 Nathan Weill, New York, NY, for Petitioner. Tony West, Assistant Attorney General; Terri J. Scadron, Assistant Director; Kristina R. Sracic, Trial Attorney, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals ("BIA") decision, it is hereby ORDERED, ADJUDGED, AND DECREED, that the petition for review is DENIED. Petitioner Ming Hui Zhou, a ... Mu LIN CHEN, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent. , C.A.2, January 22, 2010 H. Raymond Fasano, New York, NY, for Petitioner. Tony West, Assistant Attorney, General, Civil Division; Lyle D. Jentzer, Senior Litigation Counsel; Jeffrey L. Menkin, Trial Attorney, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals ("BIA") decision, it is hereby ORDERED, ADJUDGED, AND DECREED, that the petition for review is DENIED. ... Felix MONTANEZ, Plaintiff-Appellant, v. Correctional Officer CUOCO and Lieutenant Fisher, Defendants-Appellees. , C.A.2 (Conn.), January 22, 2010 Appeal from a judgment of the United States District Court for the District of Connecticut (Kravitz, J.). Felix Montanez, pro se, Suffield, CT, for Appellant. Lynn D. Wittenbrink, Assistant Attorney General, for Richard Blumenthal, Attorney General of the State of Connecticut, for Appellees. SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the district court be AFFIRMED in part, VACATED in part, and REMANDED for further proceedings con... Zhi YUNG TIAN, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, [FN*] Respondent. FN* Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Attorney General Eric H. Holder, Jr. is automatically substituted for former A, C.A.2, January 22, 2010 Michael Brown, New York, NY, for Petitioner. Michael F. Hertz, Assistant Attorney General; Terri J. Scadron, Assistant Director; Wendy Benner-Leon, Attorney, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals ("BIA") decision, it is hereby ORDERED, ADJUDGED, AND DECREED, that the petition for review is DENIED. Zhi Yung Tian, a native and ci... John Ojwang OMOLLO, Plaintiff-Appellant, v. CITIBANK, N.A., Charles Prince, CEO of Citigroup, Defendants-Appellees. , C.A.2 (N.Y.), January 22, 2010 Appeal from a judgment of the United States District Court for the Southern District of New York (Shira A. Sheindlin, Judge ). John Ojwang Omollo, pro se, Johannesburg, South Africa, for Plaintiff- Appellant. Kevin B. Leblang (Allisa R. Goodman, on the brief), Kramer Levin Naftalis & Frankel LLP, New York, NY, for Defendants-Appellees. SUMMARY ORDER UPON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the District Court is AFFIRMED. Plaintiff-appel... COLD STONE CREAMERY, INC., Plaintiff-Appellee, v. Jerwaine I. GORMAN and J. Gorman Investment Group, Inc., Defendants-Appellants, Mike Bonds, Appellant. [FN*]FN* The Clerk of Court is directed to amend the official caption in this case to conform , C.A.2 (N.Y.), January 22, 2010 Appeal from a May 2, 2008 order and a June 3, 2008 order of the United States District Court for the Eastern District of New York (David G. Trager, Judge). Vincent L. DeBiase, Corbally, Gartland and Rappleyea, LLP, Poughkeepsie, NY, for Plaintiff-Appellee. Jerwaine I. Gorman, Rosedale, NY, pro se. SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the appeals of Mike Bonds and J. Gorman Investment Group, Inc. be DISMISSED, the District Court's order of... Mao ZHU LIN, Petitioner, v. Eric H. HOLDER, Jr., [FN1] U.S. Attorney General, Respondent. FN1. Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Attorney General Eric H. Holder, Jr. is automatically substituted for former Attorney Ge, C.A.2, January 22, 2010 Gary J. Yerman, Esq., New York, NY, for Petitioner. Gregory G. Katsas, Assistant Attorney General, Civil Division; Susan K. Houser, Senior Litigation Counsel; Leah V. Durant, Attorney, Office of Immigration Litigation, U.S. Department of Justice, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a decision of the Board of Immigration Appeals ("BIA"), it is hereby ORDERED, ADJUDGED, AND DECREED, that the petition for review is DENIED. Petit... Min LIN and Jianwu Wu, Petitioners, v. Eric H. HOLDER, Jr., [FN1] United States Attorney General, Respondent. FN1. Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Attorney General Eric H. Holder, Jr., is automatically substituted f, C.A.2, January 22, 2010 John Chang, New York, N.Y., for Petitioners. Gregory G. Katsas, Assistant Attorney General, Linda S. Wernery, Assistant Director, Lindsay B. Glauner, Trial Attorney, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals ("BIA") decision, it is hereby ORDERED, ADJUDGED, AND DECREED, that the petition for review is DENIED. Min Lin and Jianwu Wu,... KAI XING, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent. , C.A.2, January 21, 2010 Henry Zhang, Zhang & Associates, New York, NY, for Petitioner. Tony West, Acting Assistant Attorney General, Civil Division; Francis W. Fraser, Senior Litigation Counsel; W. Daniel Shieh, Trial Attorney, United States Department of Justice, Civil Division, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals ("BIA") decision, it is hereby ORDERED, ADJUDGED, AND DECREED that the petition for review is DENIED, in ... Zhen CAO, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent. , C.A.2, January 21, 2010 Norman Kwai Wing Wong, New York, NY, for Petitioner. Tony West, Assistant Attorney General, Terri J. Scadron, Assistant Director, Corey L. Farrell, Attorney, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a decision of the Board of Immigration Appeals ("BIA"), it is hereby ORDERED, ADJUDGED, AND DECREED, that the petition for review is DENIED. Peti... FENG LIN, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent. , C.A.2, January 21, 2010 Dehai Zhang, Flushing, NY, for Petitioner. Tony West, Assistant Attorney General, John S. Hogan, Senior Litigation Counsel, Edward E. Wiggers, Trial Attorney, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals ("BIA") decision, it is hereby ORDERED, ADJUDGED, AND DECREED, that the petition for review is DENIED. Petitioner... XUE MING TANG, Petitioner, v. Eric H. HOLDER, Jr., U.S. Attorney General, Respondent. , C.A.2, January 21, 2010 Oleh R. Tustaniwsky, New York, NY, for Petitioner. Tony West, Assistant Attorney General, Richard M. Evans, Assistant Director, Nancy E. Friedman, Senior Litigation Counsel, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a decision of the Board of Immigration Appeals ("BIA"), it is hereby ORDERED, ADJUDGED, AND DECREED, that the petition for review is... Maria Isabel HOYOS, a.k.a. Maria Isabel Romero, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent. , C.A.2, January 21, 2010 William H. Oltarsh, New York, NY, for Petitioner. Tony West, Assistant Attorney General; Keith I. McManus, Senior Litigation Counsel; Nairi M. Simonian, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals ("BIA") decision, it is hereby ORDERED, ADJUDGED, AND DECREED that the petition for review is DENIED. Petitioner Maria Isabel Hoyos, a ... Aung Soe LWIN, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent. , C.A.2, January 21, 2010 Sandy Khine, New York, NY, for Petitioner. Tony West, Assistant Attorney General, Civil Division; Michelle Gorden Latour, Assistant Director; Tracie N. Jones, Trial Attorney, Office of Immigration Litigation, U.S. Department of Justice, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a decision of the Board of Immigration Appeals ("BIA"), it is hereby ORDERED, ADJUDGED, AND DECREED, that the petition for review is GRANTED. Petitioner ... Fazal Mahmood DADA, Mohammad Ibrahim Dada, Azeem Fazal Dada, Petitioners, v. Eric H. HOLDER, Jr., [FN1] United States Attorney General, Respondent. FN1. Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Attorney General Eric. H. Hold, C.A.2, January 21, 2010 Shahla Khan, New York, NY, for Petitioners. Tony West, Assistant Attorney General Civil Division; Michael P. Lindemann , Assistant Director; Lyle D. Jentzer, Attorney, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of these consolidated petitions for review of two Board of Immigration Appeals ("BIA") decisions, it is hereby ORDERED, ADJUDGED, AND DECREED, that the petitions for review are DENIED... Mariama Bobo BARRY, Petitioner, v. Eric H. HOLDER, Jr., [FN1] United States Attorney General, Respondent. FN1. Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Attorney General Eric. H. Holder, Jr., is automatically substituted for , C.A.2, January 21, 2010 O. Andrew F. Wilson, Emery Celli Brinckerhoff & Abady LLP, New York, NY, for Petitioner. Michael F. Hertz, Acting Assistant Attorney General; Terri J. Scadron, Assistant Director; Greg D. Mack, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals ("BIA") decision, it is hereby ORDERED, ADJUDGED, AND DECREED, that the petition for review is DE... Merita LANAZI, Petitioner, v. Eric H. HOLDER, Jr., [FN*] United States Attorney General, Respondent. FN* Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Attorney General Eric H. Holder, Jr. is automatically substituted for former A, C.A.2, January 21, 2010 Charles Christophe, New York, NY, for Petitioner. Gregory G. Katsas, Assistant Attorney General, Barry J. Pettinato, Assistant Director, Kristin A. Moresi, Trial Attorney, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a decision of the Board of Immigration Appeals ("BIA"), it is hereby ORDERED, ADJUDGED, AND DECREED that the petition for review is DE... Dian Jin LIN-CHIN, Petitioner, v. Eric H. HOLDER, Jr., [FN*] U.S. Attorney General, United States Department of Justice, Respondents. FN* Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Attorney General Eric H. Holder, Jr., is auto, C.A.2, January 21, 2010 Norman Kwai Wing Wong, New York, NY, for Petitioner. Michael F. Hertz, Assistant Attorney General, Cindy S. Ferrier, Senior Litigation Counsel, Kimberly A. Burdge, Trial Attorney, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals ("BIA") decision, it is hereby ORDERED, ADJUDGED, AND DECREED, that the petition for review is DENIED in part a... Jamal UDDIN, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent. , C.A.2, January 21, 2010 Howard M. Rosengarten, New York, N.Y., for Petitioner. Tony West, Assistant Attorney General; Anthony N. Norwood, Senior Litigation Counsel; Surell Brady, Trial Attorney, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals ("BIA") decision, it is hereby ORDERED, ADJUDGED, AND DECREED, that the petition for review is DENIED. Jamal Uddin, a... Shahin BAROOR, Plaintiff-Appellant, v. NEW YORK CITY DEPARTMENT OF EDUCATION, Helen Zentner, Ted Radin, and Gary Goldenback, in Their Individual and Official Capacities, Defendants-Appellees. [FN*]FN* The Clerk of the Court is directed to amend t, C.A.2 (N.Y.), January 21, 2010 Appeal from a judgment of the United States District Court for the Eastern District of New York (Gershon, J.), filed April 8, 2009, which, in accordance with the court's memorandum decision and order dated April 3, 2009, granted defendants-appellees' motion for summary judgment in its entirety. UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED. Thomas Ricotta, Leeds, Morelli & Brown, P.C., Carle Place, NY, for Appellant. Mi... UNITED STATES of America, Appellee, v. Godwin J. AKPAN, Defendant-Appellant. , C.A.2 (N.Y.), January 21, 2010 Appeal from the United States District Court for the Southern District of New York (Kimba M. Wood, Chief Judge). Maurice H. Sercarz, Sercarz & Riopelle, LLP, New York, NY, for Appellant. Rita M. Glavin, Assistant United States Attorney (Jonathan S. Kolodner, Assistant United States Attorney, on the brief) for Michael J. Garcia, United States Attorney for the Southern District of New York, New York, NY, for Appellee. SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AN... J. Richard WEST, individually, USA ex rel., Plaintiff-Appellant, v. TIMEX CORPORATION, Defendant-Appellee. , C.A.2 (Conn.), January 21, 2010 Appeal from a judgment of the United States District Court for the District of Connecticut (Underhill, J.). Lewis H. Chimes, (Nina T. Pirrotti, on the brief); Garrison, Levin- Epstein, Chimes, Richardson & Fitzgerald, P.C.; New Haven, CT, for Appellant. J. Christopher Rooney, (Lee Friend Lizotte, Anne D. Peterson, on the brief); Carmody & Torrance LLP; New Haven, CT, for Appellee. SUMMARY ORDER UPON DUE CONSIDERATION IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the di... Sanela KOLENOVIC, Plaintiff-Appellant, v. ABM INDUSTRIES INCORPORATED and ABM Engineering Services Company, Defendants, ABM Janitorial Services-Northeast, Inc. and Francis Nagrowski, Defendants- Appellees. [FN*]FN* The Clerk of Court is directed t, C.A.2 (N.Y.), January 21, 2010 Appeal from a judgment of the United States District Court for the Southern District of New York (Pauley, J.). Derek Smith (Ismail S. Sekendiz, on the brief), Akin & Smith, LLC, New York, NY, for Appellant. Craig R. Benson, Littler Mendelson, P.C., New York, NY, for Appellees. SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the district court be AFFIRMED in part, VACATED in part, and REMANDED for further proceedings. Plaintiff-appella... YIN TING LIAN, Petitioner, v. Eric H. HOLDER, Jr., U.S. Attorney General, [FN1] Respondent. FN1. Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Attorney General Eric H. Holder, Jr., is automatically substituted for former Attorney, C.A.2, January 20, 2010 Yee Ling Poon, Robert Duk-Hwan Kim, Deborah Niedermeyer, New York, NY, for Petitioner. Michael F. Hertz, Acting Assistant Attorney General, Richard M. Evans, Assistant Director, Virginia Lum, Attorney, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a decision of the Board of Immigration Appeals ("BIA"), it is hereby ORDERED, ADJUDGED, AND DECREED, tha... Donald ZEDANOVICH, Plaintiff-Appellant, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant-Appellee. , C.A.2 (N.Y.), January 20, 2010 Appeal from March 4, 2009 and March 13, 2009 judgments of the United States District Court for the Northern District of New York (Lawrence E. Kahn, Judge). Carolyn A. Kubitschek, Lasner Kubitschek Schaffer & Zuccardy, New York, N.Y. (Russell Grant, Marion Havard, Law Students, on the brief), for Plaintiff-Appellant. Karen T. Callahan, Special Assistant United States Attorney (Andrew T. Baxter, Interim United States Attorney for the Northern District of New York, on the brief, Stephen P. Co... ALGONQUIN POWER INCOME FUND, Algonquin Power Corporation, Inc., Algonquin Power U.S. Holdings, Inc., Algonquin Power Fund, Inc., and Algonquin Power Systems, Inc., Appellants, v. CHRISTINE FALLS OF NEW YORK, INC. and Trafalgar Power, Inc., Appellee, C.A.2 (N.Y.), January 20, 2010 Appeal from a judgment of the United States District Court for the Northern District of New York (David N. Hurd, Judge). Jeffrey A. Dove (James C. Thoman, on the brief), Menter Rudin & Trivelpiece, P.C., Syracuse, NY, for Appellants. Laura W. Smalley (Paul J. Yesawich, III, on the brief), Harris Beach PLLC, Pittsford, NY, for Appellees. SUMMARY ORDER UPON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment is VACATED and REMANDED for reconsideration of th... UNITED STATES of America, Appellee, v. Leo MENA, Defendant-Appellant. , C.A.2 (N.Y.), January 20, 2010 Appeal from a judgment of the United States District Court for the Eastern District of New York (Joanna Seybert, Judge). Kerry Sloane Bassett, Bassett & Bassett, P.C., Central Islip, NY, for Defendant-Appellant. Raymond A. Tierney, Assistant United States Attorney (Benton J. Campbell, United States Attorney, and Emily Berger, Assistant United States Attorney, on the brief), Eastern District of New York, Brooklyn, NY, for Appellee. SUMMARY ORDER UPON CONSIDERATION WHEREOF, IT IS HEREBY OR... Shkelqim DUKA, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, [FN*] Respondent. FN* Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Attorney General Eric H. Holder, Jr., is automatically substituted for former , C.A.2, January 20, 2010 Michael P. DiRaimondo, DiRaimondo & Masi, LLP, Melville, NY, for Petitioner. Michael F. Hertz, Acting Assistant Attorney General; Thomas B. Fatouros, Senior Litigation Counsel; Lynda A. Do, Attorney, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals ("BIA") decision, it is hereby ORDERED, ADJUDGED, AND DECREED, that the petition for review... GUANG CHEN, Petitioner, v. Eric H. HOLDER, Jr., U.S. Attorney General, [FN1] Respondent. FN1. Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Attorney General Eric H. Holder, Jr., is automatically substituted for former Attorney Ge, C.A.2, January 20, 2010 Steven A. Mundie, New York, NY, for Petitioner. Tony West, Assistant Attorney General, Francis W. Fraser, Senior Litigation Counsel, W. Daniel Shieh, Trial Attorney, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a decision of the Board of Immigration Appeals ("BIA"), it is hereby ORDERED, ADJUDGED, AND DECREED, that the petition for review is DENIED.... Fawzy Boshra Hakeem MEKHEEL, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, [FN*] Respondent. FN* Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Attorney General Eric H. Holder, Jr., is automatically substitut, C.A.2, January 20, 2010 Robert M. Birach, Detroit, MI, for Petitioner. Michael F. Hertz, Deputy Assistant Attorney General; M. Jocelyn Lopez Wright, Senior Litigation Counsel; Kristin K. Edison, Attorney, United States Department of Justice, Office of Immigration Litigation, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals ("BIA") decision, it is hereby ORDERED, ADJUDGED, AND DECREED that the petition for review is DENIED. Petition... Lloyd RAJCOOMAR, Plaintiff-Appellant, v. WAL-MART STORES EAST, L.P., Defendant-Appellee. , C.A.2 (N.Y.), January 20, 2010 Appeal from an April 15, 2008 order of the United States District Court for the Southern District of New York (Charles L. Brieant, Judge). Lloyd Rajcoomar, Middletown, NY, pro se. Eric D. Witkin (Joel L. Finger, on the brief) Littler Mendelson P . C., New York, NY, for Defendants-Appellees. SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the District Court be AFFIRMED. Plaintiff-appellant Lloyd Rajcoomar ("Rajcoomar"), who was repres... UNITED STATES of America, Appellee, v. Junior ROJAS, also known as Ron John, also known as Ron Joe, also known as Pelon, Appellant. , C.A.2 (N.Y.), January 20, 2010 Appeal from a judgment of the United States District Court for the Southern District of New York (Buchwald, J.). Beth M. Farber, Esq., New York, NY, for Appellant. Sarah Y. Lai, Katherine Polk Failla, for Preet Bharara, United States Attorney for the Southern District of New York, New York, NY, for Appellees. SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the district court be AFFIRMED. Junior Rojas pled guilty to one count of conspi... WAN PING LIN, Yan Qing Zhu, Petitioners, v. Eric H. HOLDER, Jr., United States Attorney General, [FN1] Respondent. FN1. Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Attorney General Eric H. Holder, Jr., is automatically substitu, C.A.2, January 20, 2010 Theodore N. Cox, New York, NY, for Petitioners. Gregory G. Katsas, Assistant Attorney General; Anthony P. Nicastro, Senior Litigation Counsel; Office of Immigration Litigation, United States Department of Justice, Washington, D.C., [FN2] for Respondent. FN2. Dana M. Camilleri, a Law Clerk at the U.S. Department of Justice, assisted counsel on the brief. SUMMARY ORDER UPON DUE CONSIDERATION of these consolidated petitions for review of two Board of Immigration Appeals ("BIA") decisio... UNITED STATES of America, Appellee, v. Victor Manuel Adan CARRASCO, Oscar Moreno Aguirre, Jorge Manuel Torres-Teyer, Defendants-Appellants. , C.A.2 (N.Y.), January 20, 2010 Appeal from the United States District Court for the Southern District of New York (Gerard E. Lynch, Judge). Paul J. Angioletti, Staten Island, NY, for Appellant Victor Manuel Adan Carrasco. Michael J. Garcia, United States Attorney for the Southern District of New York; Anirudh Bansal, Katherine Polk Failla, Assistant United States Attorneys, New York, NY, for Appellee. SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the district cou... Alfred LAVOIE, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. , C.A.2 (Conn.), January 19, 2010 Appeal from an May 4, 2009 order of the United States District Court for the District of Connecticut (Peter C. Dorsey, Judge). John R. Williams, New Haven, CT, for Plaintiff-Appellant. Douglas P. Morabito, Assistant United States Attorney (Nora R. Dannehy, United States Attorney for the District of Connecticut, on the brief, William J. Nardini, Assistant United States Attorney, of counsel) Office of the United States Attorney for the District of Connecticut, CT, for Defendant- Appellee. ... James MOSBY, Plaintiff-Appellant, v. WILLIAM FLOYD UNION FREE SCHOOL DISTRICT, William Floyd Board of Education, Vincent Pascale, President; Jeananne Dawson, Vice President; Richard Colby; William Guiducci; Anthony Liberti; Mark Mensch and Patrick , C.A.2 (N.Y.), January 19, 2010 Appeal from a March 31, 2009 judgment of the United States District Court for the Eastern District of New York (Joanna Seybert, Judge). Rick Ostrove, Leeds Morelli & Brown, P.C., Carle Place, NY, for Appellant. Terry O'Neil (Jessica C. Satriano, on the brief), Bond, Schoeneck & King, PLLC, Garden City, NY, for Appellee. SUMMARY ORDER UPON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the District Court is AFFIRMED. Plaintiff-appellant James Mosby ("... Michael JAMES, Plaintiff-Appellant, v. Rachael ALVAREZ, Detective Shield # 28354, Thomas Bertolini, Officer Shield # 034841, Sgt. Fields, Frank Bleier, Shield # 02801, Warren Ernst, Officer, Shield # 18391, Det. John Fogelman, Shield # 07316, Det., C.A.2 (N.Y.), January 19, 2010 Appeal from a March 31, 2008 judgment of the United States District Court for the Eastern District of New York (Carol Bagley Amon, Judge). Michael James, Jamaica, NY, pro se. Susan Choi-Hausman, Assistant Corporation Counsel (Michael A. Cardozo, Corporation Counsel, on the brief) City of New York Law Department, New York, NY, for Defendants-Appellees. SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the District Court be AFFIRMED. Pla... Jose Hector LOPEZ, Plaintiff-Appellant, v. Commissioner James FERGUSON, Commissioner Jennifer Arena, NYS Executive Department, "Department Head," NYS Executive Department--Division of Parole, Defendants-Appellees. , C.A.2 (N.Y.), January 19, 2010 Appeal from a judgment of the United States District Court for the Eastern District of New York (Allyne R. Ross, Judge). Jose Hector Lopez, Staten Island, NY, pro se, Appellant. Carol Fischer, Assistant Solicitor General, for Andrew M. Cuomo, Attorney General of the State of New York, New York, NY, Appellees. SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the District Court is AFFIRMED. Plaintiff-appellant Jose Hector Lopez, pro se,... UNITED STATES of America, Appellee, v. Miguel FLAQUER, Defendant-Appellant. , C.A.2 (N.Y.), January 19, 2010 Appeal from a July 30, 2008 order of the United States District Court for the District of Connecticut (Alan H. Nevas, Judge). B. Alan Seidler, New York, NY, for Defendant-Appellant. Felice M. Duffy, Assistant United States Attorney (Nora R. Dannehy, United States Attorney for the District of Connecticut, William J. Nardini, Assistant United States Attorney, on the brief) Office of the United States Attorney for the District of Connecticut, CT, for Appellee. SUMMARY ORDER UPON DUE CONSIDE... Gina WILLIAMS, Plaintiff-Appellant, v. NEW YORK CITY HOUSING AUTHORITY, Defendant-Appellee. , C.A.2 (N.Y.), January 19, 2010 Appeal from a judgment of the United States District Court for the Southern District of New York (William H. Pauley III, Judge). Gina Williams, Springfield Gardens, NY, pro se. Donna M. Murphy, (Ricardo Elias Morales and Steven J. Rappaport,, of counsel) New York City Housing Authority, Office of General Counsel, New York, NY, for Appellees. SUMMARY ORDER UPON DUE CONSIDERATION IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the District Court be AFFIRMED. Plaintiff-appe... Emile Mark DIXON, Plaintiff-Appellant, v. Michael M. ZENK, et al., Defendants-Appellees. , C.A.2 (N.Y.), January 19, 2010 Appeal from a judgment of the United States District Court for the Eastern District of New York (John Gleeson, Judge). Emile Mark Dixon, Inez, KY, pro se. Gail A. Matthews, Assistant United States Attorney, (Benton J. Campbell, United States Attorney for the Eastern District of New York and Varuni Nelson, Assistant United States Attorney, of counsel), Brooklyn, NY, for Appellee. SUMMARY ORDER UPON DUE CONSIDERATION, it is hereby ORDERED, ADJUDGED AND DECREED that the judgment of the dist... Christopher Earl STRUNK, Plaintiff-Appellant, v. UNITED STATES POSTAL SERVICE, et al., Defendants-Appellees. [FN*]FN* The Clerk of Court is directed to amend the official caption to conform to the listing of the parties stated above. , C.A.2 (N.Y.), January 19, 2010 Appeal from a judgment of the United States District Court for the Eastern District of New York (Allyne R. Ross, Judge). Christopher Earl Strunk, Brooklyn, NY, pro se. No appearance, for Appellees. SUMMARY ORDER UPON DUE CONSIDERATION IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the District Court be AFFIRMED. Plaintiff-appellant Christopher Earl Strunk, pro se, appeals from a June 13, 2008 judgment of the District Court dismissing plaintiff's claims, sua sponte, for ... Khatuna BATLIDZE, Plaintiff-Appellant, v. HARRIS BEACH, LLP, Defendant-Appellee. , C.A.2 (N.Y.), January 19, 2010 Appeal from a judgment of the United States District Court for the Southern District of New York (Denise L. Cote, Judge). Khatuna Batlidze, New York, NY, pro se, Plaintiff-Appellant. Stephen A. Fuchs, Littler Mendelson, P.C., New York, NY, for Defendant- Appellee. SUMMARY ORDER UPON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the District Court is AFFIRMED. Plaintiff-appellant Khatuna Batlidze ("plaintiff"), pro se, appeals from a judgment of t... Herman VICTOR, Plaintiff-Appellant, v. Raelene MILICEVIC, M.D., Richard Laux, Physician's Assistant, John Burge, Superintendent, Defendants-Appellees. , C.A.2 (N.Y.), January 19, 2010 Appeal from a March 31, 2008 judgment of the United States District Court for the Northern District of New York (Frederick J. Scullin, Judge). Herman Victor, pro se, Malone, NY, for Appellant. Andrew M. Cuomo, Attorney General of the State of New York (Barbara D. Underwood, Solicitor General, Nancy A. Spiegel and Owen Demuth, Assistant Solicitor Generals, on the brief), Albany, NY, for Appellee. SUMMARY ORDER UPON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that th... UNITED STATES of America, Appellee, v. Boris SHUSTER, also known as Robert Shuster, Defendant-appellant, Alexander Dzedets, also known as Sasha Dzedets, Victor Altman, Vincent C. Armato, Igor G. Komet, also known as Gary Komet, Adam Lichtenbaum, D, C.A.2 (N.Y.), January 19, 2010 Appeal from a February 20, 2008 judgment of conviction entered by the United States District Court for the Southern District of New York (Victor Marrero, Judge). Howard M. Simms, New York, NY, for Appellant. Preet Bharara, United States Attorney, and Andrew L. Fish and Marc O. Litt, Assistant United States Attorneys, United States Attorney's Office, Southern District of New York, New York, NY, for Appellee. SUMMARY ORDER UPON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECRE... Marcelino BONILLA-CRUZ, Petitioner, v. Eric H. HOLDER, Jr., Attorney General of the United States, Respondent. , C.A.2, January 19, 2010 Petition for review of an April 16, 2009 decision of the Board of Immigration Appeals ("BIA"). Glenn L. Formica, New Haven, CT, for Petitioner. Michael Heyse (Tony West, Assistant Attorney General, Civil Division, Nancy Friedman, Senior Litigation Counsel, Virginia Lum, on the brief) Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, D.C., for Respondent. AMENDED SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that... UNITED STATES of America, Appellee, v. Bolivar AVILA CHAVEZ, a/k/a Boli, Defendant-Appellant. , C.A.2 (N.Y.), January 19, 2010 Appeal from a March 19, 2009 order of the United States District Court for the Eastern District of New York (Raymond J. Dearie, Chief Judge). David A. Lewis, Federal Defenders of New York, Inc., New York, NY, for Appellant. Sylvia S. Shweder, Assistant United States Attorney (Benton J. Campbell, United States Attorney, and Emily Berger, Assistant United States Attorney, on the brief), Office of the Untied States Attorney for the Eastern District of New York, Brooklyn, NY, for Appellee. S... In re Winford Kent BISHOP, Attorney. [FN*]FN* The Clerk of the Court is directed to amend the official caption as set forth above. , C.A.2 (N.Y.), January 19, 2010 James E. Spence, Jr., Wilson, Morton & Downs, LLC, Decatur, GA, for Attorney. AMENDED SUMMARY ORDER ON CONSIDERATION WHEREOF, it is hereby ORDERED, ADJUDGED, and DECREED that the district court's reciprocal order of disbarment, dated September 22, 2008, is VACATED and the case is REMANDED to the district court. Appellant Winford Kent Bishop appeals from an order of reciprocal disbarment issued by the Grievance Committee of the United States District Court for the Southern District of New Yo... Victor Manuel PALMA-CARCAMO, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent. , C.A.2, January 19, 2010 Anne Pilsbury, Brooklyn, NY, for Petitioner. Tony West, Assistant Attorney General, Civil Division; Ethan B. Kanter, Senior Litigation Counsel; Jeffrey L. Menkin, Trial Attorney, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals ("BIA") decision, it is hereby ORDERED, ADJUDGED, AND DECREED, that the petition for review is DENIED. Victor... Joseph L. GUNTER, Plaintiff-Appellant, v. COMMISSIONER OF SOCIAL SECURITY, Defendant-Appellee. , C.A.2 (N.Y.), January 15, 2010 Appeal from a judgment of the United States District Court for the Southern District of New York (Cote, J.). Joseph L. Gunter, Bronx, N.Y., pro se. Leslie A. Ramirez-Fisher, Assistant United States Attorney, of counsel to Lev L. Dassin, Acting United States Attorney for the Southern District of New York (Ross E. Morrison, Assistant United States Attorney, on the brief), for Appellee. SUMMARY ORDER UPON DUE CONSIDERATION, it is hereby ORDERED, ADJUDGED AND DECREED that the judgment of th... Ian NOEL, Plaintiff-Appellee, v. NEW YORK STATE OFFICE OF MENTAL HEALTH CENTRAL NEW YORK PSYCHIATRIC CENTER, Defendant-Appellant. , C.A.2 (N.Y.), January 15, 2010 Appeal from the United States District Court for the Northern District of New York (Hurd, J.). Andrew Cuomo, Attorney General, State of New York Barbara D. Underwood, Solicitor General, State of New York Andrea Oser, Deputy Solicitor General, State of New York Andrew B. Ayers, Assistant Solicitor General, State of New York, for Appellant. A.J. Bosman, Esq., Rome, NY, for Appellee. SUMMARY ORDER ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of sai... MEI FANG WENG, Petitioner, v. UNITED STATES DEPARTMENT OF JUSTICE, and Eric H. Holder, Jr., United States Attorney General, Respondents. , C.A.2, January 15, 2010 Yee Ling Poon (Robert Duk-Hwan Kim, on the brief), New York, N.Y., for Petitioner. Tony West, Assistant Attorney General, Civil Division; Shelley R. Goad, Senior Litigation Counsel; Katharine E. Clark, Trial Attorney, United States Department of Justice, Civil Division, Office of Immigration Litigation, Washington, D.C., for Respondents. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals ("BIA") decision, it is hereby ORDERED, ADJUDGED, AND DE... Nuan LIN, Petitioner, v. Eric J. HOLDER, Jr., United States Attorney General, Respondent. , C.A.2, January 15, 2010 G. Victoria Calle, New York, NY, for Petitioner. Tony West, Assistant Attorney General; Emily Anne Radford, Assistant Director; David Schor, Trial Attorney, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals ("BIA") decision, it is hereby ORDERED, ADJUDGED, AND DECREED, that the petition for review is DENIED. Nuan Lin, a native and citiz... Arben KURTAJ, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent. , C.A.2, January 15, 2010 Charles Christophe, New York, NY, for Petitioner. Tony West, Assistant Attorney General; Linda S. Wernery, Assistant Director; Elizabeth Young, Trial Attorney, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals ("BIA") decision, it is hereby ORDERED, ADJUDGED, AND DECREED, that the petition for review is DENIED. Petitioner Arben Kurtaj, ... Jose Abraham SANCHEZ-PEREZ, Petitioner, v. Eric H. HOLDER, Jr., U.S. Attorney General, [FN*] et al., Respondents. FN* Pursuant to Federal Rule of Appellate Procedure 43(c)(2), United States Attorney General Eric H. Holder, Jr., is substitute, C.A.2, January 15, 2010 Jose Abraham Sanchez-Perez, Bronx, NY, pro se. Tony West, Assistant Attorney General, Civil Division; Barry J. Pettinato, Assistant Director, Office of Immigration Litigation; Terri Leon-Benner, Trial Attorney, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, D.C., for Respondents. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals ("BIA") decision, it is hereby ORDERED, ADJUDGED, AND DECREED, that the ... SHU XIANG ZHENG [FN*], Petitioner, FN* The Clerk of Court is directed to amend the official caption in this case to conform to the listing of the parties above. v. Eric H. HOLDER, Jr., Attorney General, [FN**] Respondent. FN, C.A.2, January 15, 2010 Petition for review of an order of the Board of Immigration Appeals ("BIA"). Richard Tarzia, Belle Mead, NJ, for Petitioner. Nairi M. Simonian, Civil Division, U.S. Department of Justice, Washington, DC, for Respondent. SUMMARY ORDER ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the petition for review in 07-3970-ag is GRANTED and the petition for review in 08-2504-ag in DENIED as moot. Petitioner Shu Xiang Zheng ("Zheng") seeks review of an August 27, 200... UNITED STATES of America, Appellee, v. Kevin SHAN, Defendant-Appellant. , C.A.2 (Conn.), January 15, 2010 Appeal from a judgment of the United States District Court for the District of Connecticut (Alvin W. Thompson, Judge). Sebastian O. DeSantis, Sabilia & DeStantis, New London, CT, for Appellant. John H. Durham, Assistant United States Attorney (Nora R. Dannehy, United States Attorney, William J. Nardini, Assistant United States Attorney, on the brief) United States Attorney's Office for the District of Connecticut, for Appellee. SUMMARY ORDER UPON DUE CONSIDERATION IT IS HEREBY ORDERED, A... In re ASSICURAZIONI GENERALI, S.P.A., Dr. Thomas Weiss, Erna Birnbaum Gottesman and Martha Birnbaum Younger, Plaintiff-Appellants, v. Assicurazioni Generali, S.p.A., Defendant-Appellee. Edward David, as Personal Representative of the Estate of Da, C.A.2 (N.Y.), January 15, 2010 Plaintiffs appeal from district court's dismissal of their suits seeking payment of benefits on insurance policies purchased by their family members from defendant insurer in the years leading up to the Holocaust. The United States District Court for the Southern District of New York (Mukasey, J.) dismissed the suits, relying on American Insurance Association v. Garamendi, 539 U.S. 396 (2003), and concluding that plaintiffs' state-law claims were preempted by the foreign policy of the United Sta... Bruno BLAZINA, Plaintiff-Appellant, v. PORT AUTHORITY OF NEW YORK and NEW JERSEY, Port Authority of New York and New Jersey Police Officer M. Kostelnik, Shield No. 01447, individually and in his official capacity as Police Officer for the Port Auth, C.A.2 (N.Y.), January 14, 2010 Appeal from a judgment of the United States District Court for the Southern District of New York (Kevin Nathaniel Fox, Magistrate Judge). [FN2] FN2. Upon consent of the parties, the District Court referred the case to Magistrate Judge Fox for all purposes, including trial, pursuant to 28 U.S.C. § 636(c). Arnold E. DiJoseph, Arnold E. DiJoseph, P.C., New York, N.Y. (Joanne Marie Dwyer, Law Offices of Joanne Marie Dwyer, New York, NY, of counsel), for Appellant. Karla Denalli, Port Authority o... Marcelino BONILLA-CRUZ, Petitioner, v. Eric H. HOLDER, Jr., Attorney General of the United States, Respondent. , C.A.2 (N.Y.), January 14, 2010 Glenn L. Formica, New Haven, CT, for Petitioner. Michael Heyse (Tony West, Assistant Attorney General, Civil Division, Nancy Friedman, Senior Litigation Counsel, Virginia Lum, onthe brief) Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, D.C., for Respondent. SUMMARY ORDER Petition for review of an April 16, 2009 decision of the Board of Immigration Appeals ("BIA"). UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the peti... Yvette MANCUSO, Plaintiff-Appellant, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant-Appellee. , C.A.2 (N.Y.), January 14, 2010 Appeal from the United States District Court for the Northern District of New York (Randolph F. Treece, Magistrate Judge). Mark Schneider, Plattsburgh, NY, for Appellant. Sommattie Ramrup, Special Assistant United States Attorney (Stephen P. Conte, Acting Chief Counsel, Region II, Office of the General Counsel, Social Security Administration, on the brief) for Andrew T. Baxter, Interim United States Attorney for the Northern District of New York, for Appellee. SUMMARY ORDER UPON DUE CONS... UNITED STATES of America, Appellee, v. Ramse THOMAS, Defendant-Appellant. , C.A.2 (N.Y.), January 14, 2010 Appeal from a November 7, 2008 order of the United States District Court for the Northern District of New York (Thomas J. McAvoy, Judge). Tina Schneider, Portland, ME, for Defendant-Appellant. Paul D. Silver, Assistant United States Attorney (Andrew T. Baxter, United States Attorney for the Northern District of New York, on the brief) Office of the United States Attorney for the Northern District of New York, Albany, NY, for Appellee. SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY OR... UNITED STATES of America, Appellee, v. Derrick MADDOX, Defendant-Appellant. , C.A.2 (N.Y.), January 14, 2010 Appeal from a judgment of the United States District Court for the Western District of New York (Larimer, J.). Derrick Maddox, Fort Dix, N.J., pro se. Kathleen M. Mehltretter, United States Attorney (Monica J. Richards, Assistant United States Attorney, of counsel, Lisa C. Chan, Law Student Intern, on the brief), Buffalo, N.Y., for Appellee. SUMMARY ORDER UPON DUE CONSIDERATION IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that, to the extent this appeal purports to challenge the district ... Bahiru BARRY, Petitioner, v. Eric H. HOLDER, Jr., U.S. Attorney General, [FN1] Respondent. FN1. Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Attorney General Eric H. Holder, Jr., is automatically substituted for former Attorney , C.A.2, January 14, 2010 Gerald Karikari, New York, N.Y., for Petitioner. Brendan P. Hogan (Michael F. Hertz, Acting Assistant Attorney General, Cindy S. Ferrier, Senior Litigation Counsel, on the brief), Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a decision of the Board of Immigration Appeals ("BIA"), it is hereby ORDERED, ADJUDGED, AND DECREED, that the petition for re... Vinay K. GUPTA, Plaintiff-Appellant, v. COMMISSIONER OF SOCIAL SECURITY, Defendant-Appellee. , C.A.2 (N.Y.), January 14, 2010 Appeal from a judgment of the United States District Court for the Southern District of New York (Francis, M.J.). Vinay K. Gupta, pro se, Wappinger Falls, N.Y., for Appellant. John E. Gura, Jr., Assistant United States Attorney (Sarah S. Normand, on the brief,) for Lev L. Dassin, Acting United States Attorney for the Southern District of New York, for Appellee. SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the district court be AFFI... UNITED STATES of America, Appellee, v. Walter CARMONA, Benhur Carmona, Defendants-Appellants. , C.A.2 (N.Y.), January 14, 2010 Appeal from the United States District Court for the Southern District of New York (Daniels, J.). Steven A. Feldman, Feldman & Feldman, Uniondale, N.Y, for Walter Carmona. Roger Bennet Adler, New York, N.Y., for Benhur Carmona. Nicholas J. Lewin, Assistant United States Attorney (Nicole W. Friedlander and Michael A. Levy, Assistant United States Attorneys, on the brief), for Preet Bharara, United States Attorney for the Southern District of New York, New York, N.Y, for Appellee. SUMMA... Mei Fang REN, Petitioner, v. U.S. CITIZENSHIP AND IMMIGRATION SERVICES, Respondent. , C.A.2, January 14, 2010 Jan Potemkin, New York, NY, for Petitioner. Gregory G. Katsas, Acting Assistant Attorney General; Ernesto H. Molina, Jr., Senior Litigation Counsel; Lance L. Jolley, Trial Attorney, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals ("BIA") decision, it is hereby ORDERED, ADJUDGED, AND DECREED that the petition for review is... T.CO METALS, LLC, Petitioner-Appellant, v. DEMPSEY PIPE & SUPPLY, INC., Respondent-Appellee. , C.A.2 (N.Y.), January 14, 2010 Parties to a contract for the sale of steel pipe brought cross-motions to vacate, modify, and correct an arbitration award pursuant to the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 10-11. The seller appeals from the district court's rulings that (a) the arbitrator did not act in manifest disregard of the law by awarding the buyer diminution-in-value damages, despite the parties' contractual bar on consequential damages; and (b) the arbitrator exceeded his powers by granting in part the seller... In re Peter KOENIG, Attorney. , C.A.2, January 14, 2010 This Court's Committee on Admissions and Grievances ("the Committee") has recommended that Peter Koenig, an attorney admitted to the bar of the State of New York, be disciplined. We adopt the Committee's findings of fact, publicly reprimand Koenig for the misconduct described in the Committee's report, and bar him from admission to the bar of this Court and from the practice of law before this Court in any future cases. Peter Koenig, Esq., New York, N.Y., pro se. PER CURIAM. By order f... Janet ELLIS, Plaintiff-Appellee, v. SOLOMON AND SOLOMON, P.C., Julie S. Farina, and Douglas Fisher Defendants- Appellants. , C.A.2 (Conn.), January 13, 2010 Holding: The Court of Appeals, Paul A. Crotty, J., held that consumer's validation notice was overshadowed by service of process upon consumer by defendants during validation period, in violation of the FDCPA. Affirmed. Jonathan Elliot, Zeldes, Needle & Cooper, P.C., for Defendants- Appellants. Joanne S. Faulkner, New Haven, CT, for Plaintiff-Appellee. Thomas R. Dominczk, Maurice & Needleman, P.C., (Donald Maurice, Jr., Maurice & Needleman, P.C., Tomio B. Narta, Simmonds & Narita LLP,... Timothy D. WALKER, Plaintiff-Appellant, James W. Burns, Mark Gostyla, Russell Paltauf, Fernando Ramirez, Dale Salmon, Alexander Cruz, Ivan Hernandez, David Krasnowski, Richard T. Paltauf, Robert Stokes, and Gerald Zarella, Consolidated Plaintiffs-Ap, C.A.2 (Conn.), January 13, 2010 Appeal from the United States District Court for the District of Connecticut (Kravitz, J.). John R. Williams, New Haven, CT, for Plaintiffs-Appellants. Gary S. Starr, Shipman & Goodwin LLP, Hartford, CT, for Defendant-Cross Claimant-Appellee. SUMMARY ORDER ON CONSIDERATION WHEREOF, it is hereby ORDERED, ADJUDGED, and DECREED that the judgment of the district court be and hereby is AFFIRMED. Plaintiffs-Appellants, current and former firefighters employed by the City of Waterbury ("the Ci... JIA XIN OU, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, Board of Immigration Appeals, Respondents. , C.A.2, January 13, 2010 Henry Zhang, New York, NY, for Petitioner. Tony West, Assistant Attorney General, Civil Division; Janice Redfern, Senior Litigation Counsel; Scott Rempell, Trial Attorney, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondents. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals ("BIA") decision, it is hereby ORDERED, ADJUDGED, AND DECREED that the petition for review is DENIED. Jia Xin Ou, a... Kevin E. BURNS, Barbara R. Burns, Plaintiffs-Appellants, Renee A. de Fina, Plaintiff, v. BANK OF AMERICA, its affiliates, subsidiaries, and agents including, but not limited to, BA Mortgage, Defendants-Appellees. , C.A.2 (N.Y.), January 13, 2010 Appeal from the United States District Court for the Southern District of New York (Berman, J.). Kevin E. Burns and Barbara R. Burns, Eden Prarie, MN, for Plaintiffs- Appellants. Steven S. Rand, Zeichner, Ellman & Krause, New York, NY, for Defendants- Appellees. SUMMARY ORDER ON CONSIDERATION WHEREOF, it is hereby ORDERED, ADJUDGED, and DECREED that the judgment of the district court be and hereby is AFFIRMED. Plaintiffs-Appellants Kevin Burns and Barbara Burns ("Plaintiffs") appeal the ... Carl D. SNYMAN, Plaintiff-Appellant, Cindy de Villiers, Plaintiff, v. W.A. BAUM CO., INC., Defendant-Appellee. , C.A.2 (N.Y.), January 13, 2010 Appeal from a judgment of the United States District Court for the Southern District of New York (Swain, J.). Kenneth F. McCallion, McCallion & Associates LLP, New York, NY, for Appellant. Richard Bakalor and Janet J. Lee, Quirk and Bakalor, P.C., New York, NY, for Appellee. SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the United States District Court for the Southern District of New York be AFFIRMED. Plaintiff, Carl Snyman, appea... Mama DIAWARA, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, et al., Respondents. , C.A.2, January 13, 2010 Brian I. Kaplan, New York, NY, for Petitioner. Tony West, Assistant Attorney General; Michael P. Lindemann, Assistant Director; Lyle D. Jentzer, Senior Litigation Counsel; Christopher C. Fuller, Senior Litigation Counsel, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals ("BIA") decision, it is hereby ORDERED, ADJUDGED, AND DECREED that th... Rose Anna SHEPHEARD, Plaintiff-Appellant, v. NEW YORK CITY CORRECTIONAL DEPARTMENT and City of New York, Defendants- Appellees. , C.A.2 (N.Y.), January 13, 2010 Appeal from a judgment of the United States District Court for the Southern District of New York (Marrero, J.). Rose Anna Shepheard, Fayetteville, NC, pro se. Michael A. Cardozo, Corporation Counsel, The City of New York Law Department; Marta Ross, Assistant Corporation Counsel, New York, NY, for Appellee. AMENDED SUMMARY ORDER UPON DUE CONSIDERATION IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court be AFFIRMED. Appellant Rose Anna Shepheard, pro se, app... In re Winford Kent BISHOP, Attorney. [FN*]FN* The Clerk of the Court is directed to amend the official caption as set forth above. , C.A.2 (N.Y.), January 13, 2010 James E. Spence, Jr., Wilson, Morton & Downs, LLC, Decatur, GA, for Attorney. Jed S. Rakoff, Chair, Grievance Committee of the Southern District of New York, New York, NK, for Grievance Committee of the Southern District of New York. SUMMARY ORDER ON CONSIDERATION WHEREOF, it is hereby ORDERED, ADJUDGED, and DECREED that the district court's reciprocal order of disbarment, dated September 22, 2008, is VACATED and the case is REMANDED to the district court. Appellant Winford Kent Bishop a... In re Winford Kent BISHOP, Attorney. [FN*]FN* The Clerk of the Court is directed to amend the official caption as set forth above. , C.A.2 (N.Y.), January 13, 2010 James E. Spence, Jr., Wilson, Morton & Downs, LLC, Decatur, GA, for Attorney. Brian M. Cogan, Chair, Grievance Committee of the Eastern District of New York, New York, NY, for Grievance Committee of the Eastern District of New York. SUMMARY ORDER ON CONSIDERATION WHEREOF, it is hereby ORDERED, ADJUDGED, and DECREED that the district court's order of reciprocal disbarment, entered July 24, 2008, its order denying Appellant's motion to vacate, entered January 16, 2009, and its order denying A... Jose GONZALEZ, Deceased, by Irene GUZMAN, Administratrix, Plaintiff-Appellant, v. SECRETARY OF The UNITED STATES DEPARTMENT OF HEALTH & HUMAN SERVICES and Commissioner of Social Security Administration, Defendants-Appellees. , C.A.2 (N.Y.), January 13, 2010 Appeal from the United States District Court for the Eastern District of New York (Sifton, J.). William S. Neal, Woodhaven, N.Y., for Appellant. Kathleen A. Mahoney, Assistant United States Attorney for the Eastern District of New York (Varuni Nelson, Assistant United States Attorney, of counsel), for Benton J. Campbell, United States Attorney for the Eastern District of New York, Brooklyn, N.Y., for Appellees. SUMMARY ORDER ON CONSIDERATION WHEREOF, it is hereby ORDERED, ADJUDGED, and D... John J. VOSS, Jr., Plaintiff-Appellant, v. UNITED STATES of America, Albany VA Medical Center, Department of Veteran Affairs, Defendants-Appellees. , C.A.2 (N.Y.), January 13, 2010 Appeal from a judgment of the United States District Court for the Northern District of New York (McAvoy, J.). John J. Voss, Jr., Albany, NY, pro se. Andrew T. Baxter, United States Attorney for the Northern District of New York; Paula Ryan Conan, Assistant United States Attorney, Syracuse, NY, for Appellees. SUMMARY ORDER UPON DUE CONSIDERATION IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court be AFFIRMED. Appellant John J. Voss, Jr., pro se, appeals th... Kevin STARR, Matt Putman, Cindy Seley, on behalf of herself and all others similarly situated, David Paschkett, on behalf of all others similarly situated, Christopher Michaud, on behalf of himself and all others similarly situated, Lisa Owens, Richa, C.A.2 (N.Y.), January 13, 2010 Appeal from a judgment of the United States District Court for the Southern District of New York (Loretta Preska, Judge), entered October 21, 2008, dismissing Plaintiffs-Appellants' Second Consolidated Amended Complaint ("SCAC") for failure to state a claim upon which relief can be granted. We hold that the SCAC contains "enough factual matter (taken as true) to suggest that an agreement was made," Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), and therefore states a claim for violation of... Johnathan JOHNSON, Plaintiff-Appellant, v. BARNEY, Sergeant Oracz, Sgt. Sullivan, Several Unknown Guards, Michael Lavender, David Lawrence, Joseph Palermo, Sergio Reyes, Defendants-Appellees, Frank Tracy, Defendant. , C.A.2 (N.Y.), January 13, 2010 Appeal from a judgment of the United States District Court for the Southern District of New York (Sand, J.). Johnathan Johnson, Malone, N.Y., pro se. Andrew M. Cuomo, Attorney General of the State of New York, (David Lawrence, III, on the brief), New York, N.Y., for Appellees. SUMMARY ORDER UPON DUE CONSIDERATION, it is hereby ORDERED, ADJUDGED AND DECREED that the judgment of the district court is AFFIRMED. Plaintiff-Appellant Johnathan Johnson, pro se and incarcerated, appeals from a j... XI FAN HUANG, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, [FN*] Respondent. FN* Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Attorney General Eric H. Holder Jr. is automatically substituted for former Att, C.A.2, January 12, 2010 Holdings: The Court of Appeals held that: (1) it would review BIA's original opinion as modified by its subsequent decision on remand; (2) BIA's decision that forced IUD insertion was not per se ground for granting asylum was entitled to deference; and (3) alien waived any challenge to BIA's determination that involuntary IUD insertion, or involuntary IUD insertion plus mandatory check-ups, did not constitute persecution. Petition for review denied. David X. Feng, New York, NY, ... Jason M. DAY, Plaintiff-Appellant, v. Theresa C. LANTZ, Comm.; Edward Blanchette, MD, Clinical Dir.; Ricardo Ruiz, Facility MD; Scott Stephenson, Facility Mental Health Worker; Castro, MD Garner Facility; Patricia Ottolini, Dir. Health and Addictio, C.A.2 (Conn.), January 12, 2010 Appeal from a judgment of the United States District Court for the District of Connecticut (Chatigny, J.). Jason M. Day, Cheshire, CT, pro se. Richard Blumenthal, Attorney General for the State of Connecticut (Neil Parile, Assistant Attorney General, on the brief), Hartford, CT, for Appellees. SUMMARY ORDER UPON DUE CONSIDERATION IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court be AFFIRMED. Appellant Jason Mourice Day, pro se, appeals from a judgment of... YUEXIAN LI, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent. , C.A.2, January 12, 2010 Kevin Long, Monterey Park, CA, for Petitioner. Lance L. Jolley, Trial Attorney (Tony West, Assistant Attorney General, David V. Bernal, Assistant Director, on the brief), Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, DC, for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals ("BIA") decision, it is hereby ORDERED, ADJUDGED, AND DECREED, that the petition for review is GRANTED, t... Jewel REDHEAD, Plaintiff-Appellant, v. CONFERENCE OF SEVENTH-DAY ADVENTISTS, Defendant-Appellee. , C.A.2 (N.Y.), January 12, 2010 Appeal from the United States District Court for the Eastern District of New York (Irizarry, J.). Rick Ostrove, Leeds, Morelli & Brown, P.C., Carle Place, N.Y., for Appellant. Ross G. Weaver, Molod Spitz & DeSantis, P.C., New York, N.Y., for Appellee. SUMMARY ORDER ON CONSIDERATION WHEREOF, it is hereby ORDERED, ADJUDGED, and DECREED that the order of the district court be and hereby is AFFIRMED. By order dated March 14, 2009, the district court denied plaintiff's motion for an extension... Razaq KHOKHAR, Petitioner, v. Eric H. HOLDER Jr., U.S. Attorney General, Respondent. [FN*]FN* The Clerk of the Court is directed to amend the caption as set forth above. , C.A.2, January 12, 2010 Khaghendra Gharti-Chhetry, Chhetry & Associates, P.C., New York, NY, for Petitioner. Nairi M. Simonian, Trial Attorney (Tony West, Assistant Attorney General, Cindy S. Ferrier, Senior Litigation Counsel, of counsel), Office of Immigration Litigation, U.S. Department of Justice, Washington, DC, for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals ("BIA") decision, it is hereby ORDERED, ADJUDGED, and DECREED that the petition for ... Kerry L. MARSHALL, Plaintiff-Appellant, v. TOWN OF MIDDLEFIELD, Anne L. Olszewski, Town of Middlefield's Tax Collector, ind., Jane Doe, ind., Defendants-Appellees. , C.A.2 (Conn.), January 12, 2010 Appeal from the United States District Court for the District of Connecticut (Kravitz, J.). Kerry L. Marshall, pro se, Middlefield, CT, for plaintiff-appellant. For Defendant-Appellee: No appearance. See Fed. R.App. P. 31(c). SUMMARY ORDER UPON DUE CONSIDERATION, it is hereby ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED. Appellant Kerry L. Marshall appeals from the judgment of the United States District Court for the District of Connecticut (Kravitz... UNITED STATES of America, Appellee, v. John MELICHAREK, also known as Rocky, Michael Iuni, Dominick Memoli, also known as Shakes, Louis Pipolo, Dardian Celaj, Ened Gjelaj, Gjelosh Krasniqi, also known as Jimmy, Defendants, Angelo Nicosia, Defendan, C.A.2 (N.Y.), January 12, 2010 Appeal from the United States District Court for the Southern District of New York (Scheindlin, J.). Gilberto M. Garcia, Garcia & Kricko, Hackensack, NJ, for Defendant- Appellant Angelo Nicosia. Lisa R. Zornberg, Assistant United States Attorney (Katherine Polk Failla, Assistant United States Attorney, of counsel), for Preet Bharara, United States Attorney, Southern District of New York, New York, NY, for Appellee. SUMMARY ORDER ON CONSIDERATION WHEREOF, it is hereby ORDERED, ADJUDGED, a... Hamedou BOUBA, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, [FN1] et al., Respondents. FN1. Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Attorney General Eric H. Holder, Jr., is automatically substituted f, C.A.2, January 12, 2010 Brian I. Kaplan, New York, N.Y., for Petitioner. Tony West, Assistant Attorney General; Linda S. Wernery, Assistant Director; Scott Rempell, Attorney, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondents. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals ("BIA") decision, it is hereby ORDERED, ADJUDGED, AND DECREED, that the petition for review is DENIED in part and DISMISSED in part. Hamedo... Pheng VUONG, also known as Frank Vuong, Plaintiff-Appellant, v. NEW YORK LIFE INSURANCE COMPANY, Defendant-Appellee. , C.A.2 (N.Y.), January 12, 2010 Appeal from the United States District Court for the Southern District of New York (Griesa, J.). Janet C. Neschis, McLaughlin & Stern LLP, New York, NY, for Appellant. Michael L. Banks, Morgan, Lewis & Bockius LLP, Philadelphia, PA, for Appellee. SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED,AND DECREED that the judgment of the United States District Court for the Southern District of New York be AFFIRMED. Plaintiff, Frank Vuong ("Plaintiff" or "Vuong"), appeals fr... WEN YUAN LIU, Petitioner, v. Eric H. HOLDER Jr., Attorney General, [FN*] Respondent. FN* Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Attorney General Eric H. Holder Jr., is automatically substituted for former Attorney General, C.A.2, January 12, 2010 Michael Brown, New York, NY, for Petitioner. Michael F. Hertz, Acting Assistant Attorney General, Barry J. Pettinato, Assistant Director, John D. Williams, Trial Attorney, United States Department of Justice, Civil Division, Office of Immigration Litigation, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a decision of the Board of Immigration Appeals ("BIA"), it is hereby ORDERED, ADJUDGED, AND DECREED, that the petition for review is D... Jag M. KALRA, Plaintiff-Appellant, v. HSBC Bank U.S.A., N.A., formerly known as Republic National Bank of New York, Defendant-Appellee. , C.A.2 (N.Y.), January 12, 2010 Appeal from a judgment of the United States District Court for the Eastern District of New York (Bianco, J.). Jag M. Kalra, Levittown, NY, pro se. Meredith L. Friedman, HSBC Bank USA, National Association, Office of the General Counsel, New York, NY, for Appellee. SUMMARY ORDER UPON DUE CONSIDERATION IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court be AFFIRMED. Appellant Jag M. Kalra, pro se, appeals from a judgment of the district court granting the De... Eugene KENNEDY, Plaintiff-Appellant, v. MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY, Defendant-Appellee. [FN*]FN* The Clerk of the Court is directed to amend the official caption to read as shown above. , C.A.2 (N.Y.), January 12, 2010 Appeal from the United States District Court for the Eastern District of New York (Cogan, J.). Eugene Kennedy, Fresh Meadows, NY, pro se. Baimusa Kamara, Office of the General Counsel, New York City Transit Authority, Brooklyn, NY, for Defendant-Appellee. SUMMARY ORDER UPON DUE CONSIDERATION, it is hereby ORDERED, ADJUDGED, AND DECREED that the judgment of said District Court be and hereby is AFFIRMED. Appellant Eugene Kennedy appeals from a judgment of the district court granting summar... UNITED STATES of America, Appellee, v. Michael PRESCOTT, Defendant-Appellant. , C.A.2 (Vt.), January 12, 2010 Appeal from the United States District Court for the District of Vermont (Sessions, C.J.). Arza Feldman, Feldman & Feldman, Uniondale, N.Y., for Defendant-Appellant. James J. Gelber, Assistant United States Attorney (Gregory L. Waples, Assistant United States Attorney, on the brief), for Paul J. Van De Graaf, Acting United States Attorney for the District of Vermont, Burlington, VT, for Appellee. SUMMARY ORDER ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that th... Jason Mourice DAY, Plaintiff-Appellant, v. John WARREN, Captain; Cappirillio, Lt.; Dennis Jones, Dir. of Security; James McGaughey, Dir.; Nancy B. Alisberg, Atty.; James E. Dzurenda, Warden; Castro, MD; O'Haleran, MD; Joan Dobson, Med Grievances Co, C.A.2 (Conn.), January 12, 2010 Appeal from a judgment of the United States District Court for the District of Connecticut (Thompson, J.). Jason M. Day, Cheshire, CT, pro se. Richard Blumenthal, Attorney General for the State of Connecticut (Ann E. Lynch, Assistant Attorney General, on the brief), Hartford, CT, for Appellees. SUMMARY ORDER UPON DUE CONSIDERATION IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court be AFFIRMED. Appellant Jason Mourice Day, pro se, appeals from a judgment o... YU XIAN WENG, Petitioner, v. Eric H. HOLDER, Jr., U.S. Attorney General, [FN*] Respondent. FN* Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Attorney General Eric H. Holder, Jr., is automatically substituted for former Attorney G, C.A.2, January 12, 2010 Theodore N. Cox, New York, N.Y., for Petitioner. Tony West, Assistant Attorney General; Alison Marie Igoe, Senior Litigation Counsel; Anthony P. Nicastro, Senior Litigation Counsel; Edward J. Duffy, Trial Attorney; Jeffrey R. Leist, Attorney, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of these petitions for review of two Board of Immigration Appeals ("BIA") decisions, it is hereby ORDERED, ADJ... Mohammad Humayun KHAN, Plaintiff-Appellant, v. Wajahat M. KHAN, M.D., Ambreen Ahmed, Izhar Ahmed, Defendants-Appellees. , C.A.2 (N.Y.), January 12, 2010 SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment and order of the district court are AFFIRMED. Appellant Mohammad Humayun Khan, pro se, appeals from the judgment of the United States District Court for the Southern District of New York (Preska, J.), dismissing his diversity action, and its order denying his motion for reconsideration. We assume the parties' familiarity with the underlying facts, the procedural history of the case, and the issues... David BRITTO, Plaintiff-Appellant, v. SALIUS, Lt, Gargiulo, Lt, Butkiewicus, Lt, Casey Jr., Lt, Dunn, Ofcr, Pafumi, Ofcr, Kaparidis, Ofcr, Hayes, Ofcr, Howes, Ofcr, Kane, Ofcr, Laughton, K-9 Ofcr, Kevin Power, Mental Health, Steve, Medical, Defenda, C.A.2 (Conn.), January 12, 2010 Appeal from the United States District Court for the District of Connecticut (Smith, M.J.). Erskine D. McIntosh, Hamden, CT, for Plaintiff-Appellant. Gregory T. D'Auria, Senior Appellate Counsel (Deann S. Varunes, Assistant Attorney General, on the brief), for Richard Blumenthal, Attorney General, Hartford, CT, for Defendants-Appellees. SUMMARY ORDER ON CONSIDERATION WHEREOF, it is hereby ORDERED, ADJUDGED, and DECREED that the judgment of the District Court be and hereby is AFFIRMED. P... Edmond BAJRAKTARI, Petitioner, v. Eric H. HOLDER Jr., United States Attorney General, [FN*] Respondent. FN* Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Attorney General Eric H. Holder Jr. is automatically substituted for former, C.A.2, January 12, 2010 Andrew P. Johnson, New York, NY, for Petitioner. Tony West, Acting Assistant Attorney General; Ernesto H. Molina Jr., Assistant Director; Jeffery R. Leist, Trial Attorney, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a decision of the Board of Immigration Appeals ("BIA"), it is hereby ORDERED, ADJUDGED, AND DECREED, that the petition for review is DENIED. Ed... Gregory NAKSHIN, Plaintiff-Appellant, v. Eric HOLDER, Jr., Attorney General of the United States, [FN*] Defendant- Appellee. FN* Pursuant to Fed. R.App. P. 43(c)(2), Attorney General Eric Holder, Jr. is automatically substituted for former , C.A.2 (N.Y.), January 12, 2010 Appeal from the United States District Court for the Southern District of New York (Hellerstein, J.). Dennis L. Friedman, Philadelphia, PA, for Plaintiff-Appellant. Daniel P. Filor, Assistant United States Attorney (Ross E. Morrison, Assistant United States Attorney, on the brief), for Preet Bharara, United States Attorney for the Southern District of New York, New York, NY, for Defendant-Appellee. SUMMARY ORDER ON CONSIDERATION WHEREOF, it is hereby ORDERED, ADJUDGED, and DECREED that t... UNITED STATES of America, Appellee, v. Joseph P. BROWN, Defendant-Appellant. , C.A.2 (N.Y.), January 12, 2010 Appeal from the United States District Court for the Northern District of New York (McAvoy, J.). Laurie S. Hershey, Manhasset, NY, for Defendant-Appellant. Geoffrey Brown, Assistant United States Attorney, (Thomas Spina, Jr., Assistant United States Attorney, of counsel), for Andrew T. Baxter, United States Attorney, Northern District of New York, Syracuse, NY, for Appellee. SUMMARY ORDER ON CONSIDERATION WHEREOF, it is hereby ORDERED, ADJUDGED, and DECREED that the case is REMANDED for ... Grzegorz WEGLARZ, Beata Trzaska, Petitioners, v. Eric H. HOLDER, Jr., United States Attorney General, [FN*] Respondent. FN* Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Attorney General Eric H. Holder, Jr. is automatically subst, C.A.2, January 12, 2010 Petition for review of an order of the Board of Immigration Appeals ("BIA") affirming an order of the Immigration Judge ("IJ") denying a continuance and ordering that petitioner be removed. Garth A. Molander, Bohemia, N.Y., for Petitioners. Julia J. Tyler, Trial Attorney (Tony West, Assistant Attorney General, Civil Division, Barry J. Pettinato, Assistant Director, on the brief), Office of Immigration Litigation, U.S. Department of Justice, Washington, D.C., for Respondent. SUMMARY ORDER... TRUST FOR the CERTIFICATE HOLDERS OF the MERRILL LYNCH MORTGAGE INVESTORS, INC., Mortgage Pass-Through Certificates, Series 1999-C1, by and through Orix Capital Markets, LLC, as Master Servicer and Special Servicer, Plaintiff- Appellant, v. LOVE F, C.A.2 (N.Y.), January 11, 2010 Holding: After the certified questions were answered, 13 N.Y.3d 190, 890 N.Y.S.2d 377, 918 N.E.2d 889, the Court of Appeals, Reena Raggi, Circuit Judge, held that the assignment of rights under the agreement was not champertous under New York law. Reversed and remanded. Ira M. Feinberg, Hogan & Hartson LLP, New York, N.Y. (Andowah Newton, Hogan & Hartson LLP, New York, NY, Lorane F. Hebert, Hogan & Hartson LLP, Washington, D.C., on the brief), for Plaintiff-Appellant. Alec W. Farr, Bryan... Sandra MORRISON, Plaintiff-Appellant, v. CITY OF NEW YORK, Elmhurst Hospital Center, Alan Aviles, President and CEO of the New York City Health and Hospitals Corporation, Chris Constantino, Executive Director of Elmhurst Hospital Center, M.D. Laure, C.A.2 (N.Y.), January 11, 2010 Holding: The Court of Appeals, Leval, Circuit Judge, held that hospital detainee's § 1983 action against city was not barred by Rooker- Feldman doctrine. Affirmed in part, vacated in part, and remanded. Leo Glickman, Stoll, Glickman & Bellina, LLP, Brooklyn, NY, for Appellant. Alan G. Krams, New York, N.Y. (Kristin M. Helmers and Elizabeth A. Wells, on the brief), for Michael A. Cardozo, Corporation Counsel of the City of New York, for Appellees. LEVAL, Circuit Judge: Plaintiff Sa... Lynore REISECK, Plaintiff-Appellant, v. UNIVERSAL COMMUNICATIONS OF MIAMI, INC., doing business as Universal Media, Blue Horizon Media, Inc., Douglas Gollan, Carl Ruderman, Geoffrey Lurie, David Bernstein, [FN*] Defendants-Appellees. FN* The, C.A.2 (N.Y.), January 11, 2010 Holding: In resolving a question of first impression, the Court of Appeals, Jose A. Cabranes, Circuit Judge, held that advertising salesman for magazine publisher, who was compensated on a salary basis of not less than $250 per week, was not an "administrative employee" for the purposes of the Fair Labor Standards Act (FLSA) and thus was not exempt from Act's overtime provisions. Vacated in part and remanded John K. Diviney, (Gina Ianne Grath, on the brief), Alan B. Pearl & Associates, P.C... Mainnuddin BHUIYAN, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent. , C.A.2, January 11, 2010 Indra Pal, Brooklyn, NY, for Petitioner. Tony West, Assistant Attorney General; Barry J. Pettinato, Assistant Director; Jennifer R. Khouri, Trial Attorney, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals ("BIA") decision, it is hereby ORDERED, ADJUDGED, AND DECREED, that the petition for review is DENIED. Mainnuddin Bhuiyan, a native ... Greg S. DAVIS, Plaintiff-Appellee, v. Brian U. STRATTON, Mayor, and Michael N. Geraci, Sr., Chief of Police, Defendants-Appellants. , C.A.2 (N.Y.), January 11, 2010 Appeal from the United States District Court for the Northern District of New York (Lawrence E. Kahn, District Judge). L. John Van Norden, Corporation Counsel, Schenectady, NY, for Appellants. Randall L. Wenger, Boyle, Neblett & Wenger, Camp Hill, PA, for Appellee. SUMMARY ORDER ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the District Court is REVERSED with instructions to dismiss the complaint. Defendants-appellants Brian U. Stratton, the... Louis E. THYROFF, Plaintiff-Appellant, v. NATIONWIDE MUTUAL INSURANCE COMPANY, Nationwide Mutual Fire Insurance Company, Nationwide Life Insurance, Nationwide General Insurance Company, Nationwide Property and Casualty Company, Nationwide Variable , C.A.2 (N.Y.), January 11, 2010 Appeal from a judgment of the United States District Court for the Western District of New York (Telesca, J.). William P. Tedards, Jr., Washington, DC, for Appellant. Ben M. Krowicki, Bingham McCutchen LLP, Hartford, CT, for Appellees. SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED. Plaintiff, Louis Thyroff, appeals from summary judgment entered February 12, 2009 in the United States District Court for... ZAI XIANG CHEN, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, [FN*] Respondent. FN* Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Attorney General Eric H. Holder, Jr., is automatically substituted for former, C.A.2, January 11, 2010 Gary J. Yerman, New York, NY, for Petitioner. Tony West, Assistant Attorney General; Aviva L. Poczter, Senior Litigation Counsel; Christopher P. McGreal, Trial Attorney, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals ("BIA") decision, it is hereby ORDERED, ADJUDGED, AND DECREED, that the petition for review is DENIED. Zai Xiang Chen, a ... UNITED STATES of America, Appellee, v. Durrell LIGGINS, a/k/a/ Nature Boy, a/k/a/ CEO, Defendant-Appellant. , C.A.2 (N.Y.), January 11, 2010 Laurie S. Hershey, Manhasset, NY, for Appellant. Andrew T. Baxter, United States Attorney, John M. Katko and Elizabeth S. Riker, Assistant United States Attorneys, Northern District of New York, for Appellee. SUMMARY ORDER Appeal from a judgment of the United States District Court for the Northern District of New York (Hurd, J.), following the defendant's guilty plea. UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED. Def... Lynore REISECK, Plaintiff-Appellant, v. UNIVERSAL COMMUNICATIONS OF MIAMI, INC., doing business as Universal Media, Blue Horizon Media, Inc., Douglas Gollan, Carl Ruderman, Geoffrey Lurie, David Bernstein, [FN*] Defendants-Appellees. FN* The, C.A.2 (N.Y.), January 11, 2010 Appeal from the United States District Court for the Southern District of New York (Thomas P. Grisea, Judge). John K. Diviney, (Gina Ianne Grath, on the brief), Alan B. Pearl & Associates, P.C., Syosset, NY, for Appellant. Dana Susman, (S. Reid Kahn, on the brief), Kane Kessler, P.C., New York, NY, for Appellee. SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the order of the United States District Court for the Southern District of New York be AFFI... YUAN ZHI CHEN, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent. , C.A.2, January 11, 2010 Norman Kwai Wing Wong, New York, NY, for Petitioner. Tony West, Assistant Attorney General; David V. Bernal, Assistant Director; Ana T. Zablah-Monroe, Trial Attorney, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals ("BIA") decision, it is hereby ORDERED, ADJUDGED, AND DECREED, that the petition for review is DENIED in part and DISMISSED ... © 2010 West, a Thomson business Westlaw Integration Solutions  /  Westlaw.com