U.S. Court of Appeals for the Second Circuit Cases ©     Coverage   Help   Search Westlaw   Topic: AllBankruptcyCivil RightsCommercial Law & ContractsCriminal JusticeEducationEnergyEnvironmental LawFirst AmendmentGovernment BenefitsImmigrationInsuranceIntellectual PropertyInternational LawLabor & EmploymentLegal EthicsMaritime LawMilitary LawNative Americans LawPension & Retirement BenefitsSecurities & Blue Sky LawTaxationTransportation TRADHOL INTERNACIONAL, S.A., Plaintiff-Appellant, v. COLONY SUGAR MILLS LIMITED, Defendant-Appellee. , C.A.2 (N.Y.), November 20, 2009 Appeal from an order denying a Rule B maritime attachment and garnishment to the plaintiff by the United States District Court for the Southern District of New York (Holwell, Judge). Peter A. Junge, (Armand P. Mele, on the brief) Junge & Mele, LLP, New York, NY, for Appellant. Blake A. Klein, Cleary Gottlieb Steen & Hamilton LLP, London, United Kingdom, for Appellee. SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the January 15, 2009 order of the d... Dean NASCA, Plaintiff-Appellant, v. The TOWN OF BROOKHAVEN, Richard Palazzotto, John Does 1-10, said names being fictitious and intending to represent employees, agents and assigns of the Town of Brookhaven, Defendants-Appellees, Edward H. McCarth, C.A.2 (N.Y.), November 20, 2009 Appeal from a September 25, 2008 order of the United States District Court for the Eastern District of New York (Joseph F. Bianco, Judge). Dean Nasca, Bayport, NY, pro se. Andrew J. Mihalick, Kral, Clerkin, Redmond, Ryan, Perry & Girvan, LLP, Mineola, 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 Dean Nasca, pro se, appeals from the District Court's o... Jing Yun JIANG, Petitioner, v. Eric H. HOLDER, Jr., [FN*] Attorney General, United States Department of Justice, Respondent. FN* Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Attorney General Eric H. Holder Jr. is automatically s, C.A.2, November 20, 2009 Norman Kwai Wing Wong, New York, NY, for Petitioner. Michael F. Hertz, Acting 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 Board of Immigration Appeals ("BIA") decision, it is hereby ORDERED, ADJUDGED, AND DECREED that the petition for review is ... Nehemias Alexzander Medrano ZAVALA, 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, C.A.2, November 20, 2009 Teresa M. Loken, (Gary J. Yerman, on the brief) Yerman & Associates, New York, NY, for Petitioner. Dalin R. Holyoak, Trial Attorney, Office of Immigration Litigation, (Michael F. Hertz, Acting Assistant Attorney General, Civil Division, Barry J. Pettinato, Assistant Director, Office of Immigration Litigation, on the brief) United States Department of Justice, Washington, D.C., for Respondent. SUMMARY ORDER Petition for review of a decision by the Board of Immigration Appeals ("BIA"). UPON... UNITED AIRLINES, INC., Air India Limited, Air Espana, British Airways PLC, Cayman Airways, Ltd., Compagnie Nationale Air France, Deutsche Lufthansa AG, El-Al Israel Airlines, Ltd., Finnair Oy, Flugleidir, H.F., Iberia, Lineas Aereas De Espana, S.A., , C.A.2 (N.Y.), November 20, 2009 This is a consolidated appeal from three final Orders of the United States District Court for the Eastern District of New York (Glasser, J.). In the underlying lawsuits, international airlines companies challenged the INS's imposition of fines against the airlines for bringing undocumented immigrant and non-immigrant aliens into the United States in violation of 8 U.S.C. § 1323 (the "Penalty Statute"). In United Airlines, Inc. v. Brien, we REVERSE in part the district court's ruling and hold tha... Michael J. DAVIS, and all others similarly situated, Elena Lombardo, Carol Smith, Daniel J. McGraw, Plaintiffs, Andrew Whalen, Plaintiff-Appellant, v. J.P. MORGAN CHASE & CO., Defendant-Appellee. , C.A.2 (N.Y.), November 20, 2009 Plaintiff, employed by J.P. Morgan Chase ("Chase") as an underwriter, challenges Chase's categorization of underwriters as administrative employees exempt from the Fair Labor Standard Act's overtime pay requirements. See29 U.S.C. § 207(a). Plaintiff now appeals an award of summary judgment entered in the Western District of New York (David G. Larimer, Judge ) in favor of Chase. REVERSED. J. Nelson Thomas, Dolin, Thomas & Solomon LLP, Rochester, NY, for Plaintiff-Appellant. Samuel Shaulson,... UNITED STATES of America, Appellee, v. Paul AJETUNMOBI, Defendant-Appellant. , C.A.2 (N.Y.), November 19, 2009 Appeal from an October 25, 2006 judgment of conviction of the United States District Court for the Eastern District of New York (Allyne R. Ross, Judge). Tina Schneider, Portland, ME, for Appellant. Shreve Ariail, Assistant United States Attorney (Benton J. Campbell, United States Attorney, and Emily Berger, Assistant United States Attorney, on the brief), United States Attorney's Office for the Eastern District of New York, Brooklyn, NY, for Appellee. SUMMARY ORDER UPON CONSIDERATION WHE... REN LE QIAN, Qin Zhou Yong, aka Yung Chou, aka Chin Kang Chua, Petitioners, v. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, Respondent. , C.A.2, November 19, 2009 Joshua Bardavid, Law Office of Jan Potemkin, New York, NY, for Petitioners. Gregory G. Katsas, Assistant Attorney General; Michelle Latour, Assistant Director; Nairi M. Simonian, 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 D... Teresa ZERILLI-EDELGLASS, Plaintiff-Appellant, v. NEW YORK CITY TRANSIT, Manhattan and Bronx Surface Transit Operating Authority, Defendants-Appellees. , C.A.2 (N.Y.), November 19, 2009 Appeal from an August 2, 2007 judgment of the United States District Court for the Eastern District of New York (Nina Gershon, Judge). Teresa Zerilli-Edelglass, Jackson, NJ, pro se. Richard Schoolman and Gena Usenheimer, Office of the General Counsel, New York City Transit Authority, Brooklyn, NY, for Appellees. SUMMARY ORDER UPON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the District Court is AFFIRMED. Plaintiff-appellant Teresa Zerilli-Edel... Dyvon McKINNON, Petitioner-Appellant, v. SUPERINTENDENT, GREAT MEADOW CORRECTIONAL FACILITY, Respondent-Appellee. , C.A.2 (N.Y.), November 19, 2009 Appeal from a judgment of the United States District Court for the Northern District of New York (Singleton, J.), denying appellant's petition for a writ of habeas corpus, pursuant to 28 U.S .C. § 2254. UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED. Eleanor Jackson Piel, Law Office of Eleanor Jackson Piel, New York, NY, for Appellant. Lisa E. Fleischmann, Assistant Attorney General, for Andrew M. Cuomo, Attorney Gene... YI CHANG WANG, 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, November 19, 2009 Theodore N. Cox, 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 Board of Immigration Appeals ("BIA") decision, it is hereby ORDERED, ADJUDGED, AND DECREED, that the petition for review is DENIED. Petitio... JIN PING CHEN, 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, November 19, 2009 Gary J. Yerman, New York, NY, for Petitioner. Jeffrey S. Bucholtz, Acting Assistant Attorney General; Alison Marie Igoe, Senior Litigation Counsel; Ann Carroll Varnon, 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 DE... YA ZHEN HUANG, Jian Guo Zheng, Petitioners, 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 substit, C.A.2, November 19, 2009 Steven A. Mundie, Baron, Mundie, & Shelkin, P.C., New York, NY, for Petitioners. Gregory G. Katsas, Assistant Attorney General; David V. Bernal, Assistant Director; Lindsay E. Williams, 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 petitio... XIU YUN LIN, Petitioner, v. Eric H. HOLDER, Jr., [FN*] United States 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 au, C.A.2, November 19, 2009 Dehai Zhang, Flushing, NY, for Petitioner. Gregory G. Katsas, Acting Assistant Attorney General; Francis W. Fraser, Senior Litigation Counsel; Kate D. Balaban, 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 DECREED, that the petition for review is DEN... Muhammad KHALIL, Plaintiff-Appellant, v. Mr. Paul M. LAIRD, Warden, Mr. Justin Andrews, Associate Warden, Mr. R. Schoenfelder, Captain, Mr. J. McDevitt, Chaplain, Mr. Hoenig, Rabbi, Mr. Gagliardi, Miss J. Anderson, Counselor Unit H52, Ex-Unit Manag, C.A.2 (N.Y.), November 19, 2009 Appeal from a July 17, 2008 judgment of the United States District Court for the Eastern District of New York (John Gleeson, Judge). Muhammad Khalil, pro se, Brooklyn, NY. Benton J. Campbell, United States Attorney, and Margaret Kolbe and Tiana A. Demas, Assistant United States Attorneys, Eastern District of New York, Brooklyn, NY, for Appellees. SUMMARY ORDER UPON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the District Court is AFFIRMED. Pla... SHI MING ZENG, 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, November 19, 2009 Yuming Wang, Wynnewood, PA, for Petitioner. Gregory G. Katsas, Assistant Attorney General; M. Jocelyn Lopez Wright, Assistant Director; Yamileth G. Handuber, 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 DEN... JI-HWA YU, 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 Actin, C.A.2, November 19, 2009 Robert J. Adinolfi, Louis & Adinolfi, LLC, New York, NY, for Petitioner. Gregory G. Katsas, Assistant Attorney General; Anh-Thu P. Mai-Windle, Senior Litigation Counsel; Julie M. Iversen, 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... KAN YUN 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 substituted for former Act, C.A.2, November 19, 2009 Yimin Chen, New York, NY, for Petitioner. Gregory G. Katsas, Acting Assistant Attorney General; Susan K. Houser, 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 Board of Immigration Appeals ("BIA") decision, it is hereby ORDERED, ADJUDGED, AND DECREED, that the petition for review is DENIED.... BAI ZHENG, Petitioner, v. UNITED STATES DEPARTMENT OF JUSTICE, Eric H. Holder, Jr., United States Attorney General, [FN*] Respondents. FN* Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Attorney General Eric H. Holder, Jr. is auto, C.A.2, November 19, 2009 Bruno Joseph Bembi, Hempstead, NY, for Petitioner. Gregory G. Katsas, Assistant Attorney General; Michelle G. Latour, Assistant Director; Sunah Lee, 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. Petitioner Bai Zheng, ... DENG DI ZHENG, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, [FN*] United States Department of Justice, Respondents. FN* Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Attorney General Eric H. Holder, Jr. is , C.A.2, November 19, 2009 Bruno Joseph Bembi, Hempstead, NY, for Petitioner. Jeffrey S. Bucholtz, Acting Assistant Attorney General; M. Jocelyn Lopez Wright, Assistant Director; Eric W. Marsteller, 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... XUE MEI DONG, Qin Yao Zheng, Petitioners, 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 substitut, C.A.2, November 19, 2009 Gary J. Yerman, New York, NY, for petitioners. Gregory G. Katsas, Assistant Attorney General; M. Jocelyn Lopez Wright; Assistant Director; Jonathan Robbins, 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. Xue Mei Dong and Qin ... Liwen PAN, 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 Attor, C.A.2, November 19, 2009 Theodore N. Cox, New York, NY, for Petitioner. Jeffrey S. Bucholtz, Acting Assistant Attorney General; Barry J. Pettinato, Assistant Director; Kristin A. Moresi, 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... Henry PEREZ, Shedret Whitehead, Julio Rosa, Carmelo Gonzalez, Plaintiffs- Appellees-Cross-Appellants, v. WESTCHESTER COUNTY DEPARTMENT OF CORRECTIONS, as a county agency, Rocco Pozzi, individually and as the commissioner of the Westchester County , C.A.2 (N.Y.), November 19, 2009 Appeal and cross-appeal from a judgment of the United States District Court for the Southern District of New York (Berman, Judge ). The District Court held (1) that Plaintiffs were "prevailing parties" under Buckhannon Board & Care Home, Inc. v. West Virginia Department of Health & Human Resources, 532 U.S. 598 (2001), and thus eligible for fees pursuant to 42 U.S.C. § 1988, and (2) that the resulting award was subject to the fee cap of the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e(... EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. UNITED PARCEL SERVICE, INC., Defendant-Appellee. , C.A.2 (N.Y.), November 19, 2009 Appeal from an order of the United States District Court for the Western District of New York (William M. Skretny, Judge), entered September 3, 2008, denying the Equal Employment Opportunity Commission's ("EEOC") application to enforce a subpoena. We hold that the district court, in finding that national information was not relevant to the charges being investigated by the EEOC, applied too restrictive a standard of relevance. We therefore reverse. Julie L. Gantz, Attorney (James L. Lee, Depu... Jin-Hui JIANG, aka Jin Hui Jiang, aka Jinhui Jiang, Petitioner, v. BOARD OF IMMIGRATION APPEALS, Respondent. , C.A.2, November 18, 2009 Vincent Ieraci, Law Offices of Barra & Ieraci, New York, NY, for Petitioner. Jeffrey S. Bucholtz, Acting Asst. Atty. General; John C. Cunningham, Senior Litigation Counsel; Remi Adalemo, Atty., 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... Fen LIN, Chao Kang Lin, 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 f, C.A.2, November 18, 2009 H. Raymond Fasano, Madeo & Fasano, New York, NY, for Petitioners. Gregory G. Katsas, Acting Asst. Atty. General; Cindy S. Ferrier, Senior Litigation Counsel; Michelle Y.F. Sarko, Atty., 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. Pe... Hui Ping YANG, Petitioner, v. DEPARTMENT OF HOMELAND SECURITY, Respondent. , C.A.2, November 18, 2009 Chun W. Wong, New York, NY, for Petitioner. Jeffrey S. Bucholtz, Acting Assistant, for Respondent. Attorney General; Linda S. Wernery, Assistant Director; Sarah Maloney, Attorney, Office of Immigration Litigation, United States Department of Justice, Washington D.C. 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 Hui Ping Ya... Carlo NOVELLA, on his own behalf and on behalf of all others similarly situated, Plaintiff-Appellant, v. EMPIRE STATE CARPENTERS PENSION FUND, as successor of the Westchester County, New York Carpenter's Pension Fund, and The Board of Trustees of t, C.A.2 (N.Y.), November 18, 2009 Appeal from a March 27, 2009 judgement entered in the United States District Court for the Southern District of New York (Barbara S. Jones, Judge). Edgar Pauk, Brooklyn, NY, for Plaintiff-Appellant. Owen M. Rumelt, Levy Ratner, P.C., New York, NY, Allison A. Madan, Alexandra A. Tsiros, Christopher J. Schulte, Slevin & Hart, P .C., Washington, D.C., for Defendants-Appellees. SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the Distric... Chun Guang GAO, Petitioner, v. United States ATTORNEY GENERAL, Respondent. , C.A.2, November 18, 2009 Theodore N. Cox, New York, NY, for Petitioner. Michael F. Hertz, Deputy Assistant Attorney General; Linda S. Wernery, Assistant Director; Theodore C. Hirt, 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. Pet... Wen Fang ZOU, Petitioner, v. UNITED STATES ATTORNEY GENERAL, Respondent. , C.A.2, November 18, 2009 Gang Zhou, New York, NY, for Petitioner. Jeffrey S. Bucholtz, Acting Assistant Attorney General; Michelle Gorden Latour, Assistant Director; Jamie M. Dowd, Trial Attorney; 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 D... Jeffrey Roy CROSBY, Petitioner-Appellant, v. Warden, FCI Ray BROOK, Respondent-Appellee. , C.A.2 (N.Y.), November 18, 2009 Appeal from the United States District Court for the Northern District of New York (Kahn, J.). Cheryl J. Sturm, Law Office of Cheryl J. Sturm, Esq., Chadds Ford, PA, for Appellant. Charles E. Roberts, United States Attorneys Office for the Northern District of New York, Syracuse, 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 Northern District of New York be AFFIRMED. Petiti... Joseph A. AGOSTINELLO, Plaintiff-Appellant, v. GREAT NECK UNION FREE SCHOOL DISTRICT, Defendant-Appellee. , C.A.2 (N.Y.), November 18, 2009 Appeal from the United States District Court for the Eastern District of New York (Wall, M.J.). Alan E. Wolin, Wolin & Wolin, Jericho, NY, for Appellant. Adam I. Kleinberg, Sokoloff Stern LLP, Westbury, 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 Eastern District of New York be AFFIRMED. Plaintiff, Joseph Agostinello, appeals from the district court's February 2, 2009 judg... Bing Er GUO, aka Ping Ah Kwok, 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 substit, C.A.2, November 18, 2009 Marco Pignone III, Philadelphia, PA, for Petitioner. Gregory G. Katsas, Acting Assistant Attorney General; Michelle Latour, Assistant Director; Hannah Baublitz, 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. P... Sin Deng LIU, Petitioner, v. Eric H. HOLDER, Jr., [FN*] United States 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 , C.A.2, November 18, 2009 Yee Ling Poon, New York, NY, for Petitioner. Jeffrey S. Bucholtz, Acting Assistant Attorney General; Richard M. Evans, Assistant Director; Rebecca A. Niburg, Trial Attorney, Office of Immigration Appeals, 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 Sin Deng Liu, a nat... Ai Zhu LI, 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 Acti, C.A.2, November 18, 2009 Steven A. Shelkin, P. Mundie, Baron, Mundie & C., New York, NY, for Petitioner. Gregory G. Katsas, Asst. Attorney General; M. Jocelyn Lopez Wright, Asst. Director; Paul T. Cygnarowicz, 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... Chang Qing CHEN, Xiuying Lin, 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 substit, C.A.2, November 18, 2009 Stuart Altman, New York, NY, for Petitioners. Jeffrey S. Bucholtz, Assistant Attorney General; Terri J. Scadron, Assistant Director; Lauren Ritter, Law Clerk, 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, ADJUDGED, AND DECREED, that the petitions for review are DENIED. Petitioners Chang Qing... Peng Cheng LIN, also known as Cheng-Ping 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 automa, C.A.2, November 18, 2009 Bruno Joseph Bembi, Hempstead, N.Y., for Petitioner. Jeffrey S. Bucholtz, Acting Asst. Atty. General; Michael P. Lindemann, Asst. Director; Jeffrey L. Menkin, Trial Atty.; 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. ... Li Qing LI, 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 Att, C.A.2, November 18, 2009 Jay Ho Lee, New York, NY, for Petitioner. Michael F. Hertz, Acting Assistant Attorney General; John S. Hogan, Senior Litigation Counsel; Channah M. Farber, Trial Attorney; 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 D... Ai Ming SHI, 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, November 18, 2009 Matthew L. Guadagno; Jules E. Coven; Kerry W. Bretz, Bretz & Coven, LLP, New York, NY, for Petitioner. Lev L. Dassin, Acting U.S. Atty., Southern District of New York; Shane Cargo , Sarah S. Normand, Asst. U.S. Attys., New York, NY, 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. Petitioner Ai Ming Shi, a native... Zu Man LI, 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 Atto, C.A.2, November 18, 2009 Michael Brown, New York, NY, for Petitioner. Erik C. Peterson, United States Attorney; Richard D. Humphrey, Assistant United States Attorney, Western District of Wisconsin, Madison, WI, 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 Zu Man Li, a native and citizen of the People's Republic of China, seeks revi... Hui LIN, aka Mayu Nakai, 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 f, C.A.2, November 18, 2009 Michael Brown, New York, NY, for Petitioner. Gregory G. Katsas, Assistant Attorney General; Terri J. Scadron, Assistant Director; Sherrie Waldrup, Of 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 the petition for review is DENIED. Petitioner Hui Lin, a native ... Min Xin YANG, aka Jane Nguyet Le, aka Jane Nguyet, 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 a, C.A.2, November 18, 2009 Theodore N. Cox, New York, NY, for Petitioner. Gregory G. Katsas, Acting Asst. Atty. General; Stephen J. Flynn, Senior Litigation Counsel; Karen Y. Stewart, Atty.; 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. Petition... Shi Wu DONG, 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 At, C.A.2, November 18, 2009 Peter D. Lobel, New York, NY, for Petitioner. Peter D. Keisler, Assistant Attorney General; Michelle Gorden Latour, Assistant Director; Brendan P. Hogan, 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. Petition... Xiu Feng LIN, aka Xiu Feng Chen, aka Lin Xiu Feng, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, [FN*] United States Department of Justice, Respondents. FN* Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Atto, C.A.2, November 18, 2009 Daniel B. Lundy, Barst & Mukamal, LLP, New York, NY, for Petitioner. Gregory G. Katsas, Assistant Attorney General; John S. Hogan, Senior Litigation Counsel; Briena L. Strippoli, 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 ... Mei Jing ZHENG, 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 forme, C.A.2, November 18, 2009 Gary J. Yerman, New York, NY, for Petitioner. Jeffrey S. Bucholtz, Acting Asst. Atty. General; M. Jocelyn Lopez Wright, Asst. Director; Mona Maria Yousif, Atty., 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 Mei Jing Zheng,... Chun HONG, 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 Atto, C.A.2, November 18, 2009 Jeffrey S. Bucholtz, Acting Asst. Atty. General; Michelle Gorden Latour, Assistant Director; Tracie N. Jones, Trial Atty.; Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., for Respondent. Yimin Chen, New York, NY, for Petitioner. 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. Petitio... Bao LIN, 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 Acting, C.A.2, November 18, 2009 Norman Kwai Wing Wong, New York, N.Y., for Petitioner. Gregory G. Katsas, Acting Assistant Attorney General; James A. Hunolt, Senior Litigation Counsel; Molly L. Debusschere, Trial Attorney, Office of Immigration Appeals, 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 ... Anuj GUPTA and Dina Gupta, Plaintiffs-Appellants, v. GREAT NORTHERN INSURANCE COMPANY, Defendant-Appellee. , C.A.2 (Conn.), November 18, 2009 Appeal from a judgment of the United States District Court for the District of Connecticut (Warren W. Eginton, Judge). Neal P. Rogan, Westport, CT., for Appellants. Aileen Reilly Wilson, (Paul G. Roche, on the brief) Litchfield Cavo LLP, Avon, CT., for Appellee. SUMMARY ORDER UPON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the District Court is AFFIRMED. Plaintiffs-appellants Anuj and Dina Gupta ("plaintiffs") appeal from the February 10, 2009... George GRAVES, Plaintiff-Appellant, v. FINCH PRUYN & COMPANY, INC., Defendant-Appellee. , C.A.2 (N.Y.), November 17, 2009 Appeal from a judgment of the United States District Court for the Northern District of New York (Sharpe, J.). Nathaniel B. Smith, Law Office of Nathaniel B. Smith, New York, N .Y., for Plaintiff-Appellant. Michael T. Wallender, Couch White, LLP, Albany, N.Y., for Defendant- Appellee. SUMMARY ORDER UPON DUE CONSIDERATION, it is hereby ORDERED, ADJUDGED, AND DECREED that the judgment of the district court be AFFIRMED. Plaintiff-Appellant George Graves ("Graves") appeals from an order o... Tatyana VOYNOVA, also known as Tatyana Mahmoud, Petitioner, v. Eric H. HOLDER, Jr., U.S. Attorney General, Respondent. , C.A.2, November 17, 2009 Jan H. Brown, New York, NY, for Petitioner. Tony West, Assistant Attorney General, Anthony P. Nicastro, Senior Litigation Counsel, Drew C. Brinkman, 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. ... JINGXU DONG, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent. , C.A.2, November 17, 2009 Stuart Altman, Law Office of Stuart Altman, New York, NY, for Petitioner. Tony West, Assistant Attorney General, Civil Division; John W. Blakeley, Senior Litigation Counsel, Office of Immigration Litigation; Sabina M. Lofty, Trial Attorney, 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 ... JUN-PENG CHEN, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent. , C.A.2, November 17, 2009 Yu Zhang; Law Office of Fuhao Yang, PLLC; New York, NY, for Petitioner. Tony West, Assistant Attorney General, Civil Division; Ernesto H. Molina, Jr., Assistant Director; Drew C. Brinkman, 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 rev... Kriste DESKU, Petitioner, v. Eric H. HOLDER, Jr., U.S. Attorney General, Respondent. , C.A.2, November 17, 2009 Charles Christophe, New York, NY, for Petitioner. Tony West, Assistant Attorney General, Ernesto H. Molina Jr., Assistant Director, Sheri R. Glaser, 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. ... Elizabeth MARGRABE, Plaintiff-Appellant, v. SEXTER & WARMFLASH, P.C., David Warmflash, Michael Present, Defendants- Appellees. , C.A.2 (N.Y.), November 17, 2009 Appeal from the United States District Court for the Southern District of New York (Karas, J.; Yanthis, M.J.). Crystal Massarelli, Greenberg & Massarelli, LLP, Purchase, N.Y. (William Greenberg, on the brief), Appearing for Appellant. Andrew R. Jones, Furman Kornfeld & Brennan LLP, New York, N.Y. (A. Michael Furman, on the brief), Appearing for Appellees. SUMMARY ORDER UPON DUE CONSIDERATION, it is hereby ORDERED, ADJUDGED, AND DECREED that the judgment of the District Court, entered on ... Sean JOHNSON, Plaintiff-Appellant, v. CH ENERGY GROUP, INC., Defendant-Appellee. , C.A.2 (N.Y.), November 17, 2009 Appeal from the United States District Court for the Southern District of New York (Seibel, J.). Michael Howard Sussman, Sussman & Watkins, Goshen, NY, for Appellant. Joseph A. Saccomano, Jr., Jackson Lewis LLP, White Plains, N.Y. (Susanne Kantor, on the brief), for Appellee. SUMMARY ORDER UPON DUE CONSIDERATION, it is hereby ORDERED, ADJUDGED AND DECREED that the judgment of the district court is VACATED AND REMANDED. Sean Johnson ("Johnson") appeals from the final judgment of the Distr... Mei Zi CUI, 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, November 17, 2009 Jim Li, New York, NY, for Petitioner. Tony West, Assistant Attorney General; Terri J. Scadron, Assistance Director; Genevieve Holm, Attorney, Office of Immigration Litigation, 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 DENIED. Petitioner Mei Zi Cui, a native and citizen o... Richard B. DURGIN, Plaintiff-Appellant, v. BLUE CROSS AND BLUE SHIELD OF VERMONT, Defendant-Appellee. , C.A.2 (Vt.), November 17, 2009 Karl C. Anderson, Anderson & Eaton, P.C., Rutland, VT, (Michael Quiat, Uscher, Quiat, Uscher & Russo, P.C., Hackensack, N.J., on the brief), for Plaintiff-Appellant. Bernard D. Lambek, Zalinger Cameron & Lambek, P.C., Montpelier, VT, for Defendant-Appellee. SUMMARY ORDER UPON DUE CONSIDERATION of the appeal from the United States District Court for the District of Vermont (Murtha, J.) IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the District Court is VACATED AND REMANDED... UNITED STATES of America, Appellee-Cross-Appellant, v. Lynne STEWART, Mohammed Yousry, Ahmed Abdel Sattar, Defendants-Appellants- Cross-Appellees. , , November 17, 2009 Appeal by the defendants from judgments of conviction of the United States District Court for the Southern District of New York (John G. Koeltl, Judge ) on charges arising from their unauthorized contacts with and behavior relating to Sheikh Omar Ahmad Ali Abdel Rahman, a high-security federal prisoner. Abdel Rahman, serving a life sentence for seditious conspiracy, solicitation of murder, solicitation of an attack on American military installations, conspiracy to murder, and conspiracy to bomb,... INTERNATIONAL ACTION CENTER, Plaintiff-Appellant, v. CITY OF NEW YORK, Defendant-Appellee. , C.A.2 (N.Y.), November 17, 2009 Holdings: The Court of Appeals, Chin, District Judge, sitting by designation, held that: (1) ordinance was content neutral; (2) ordinance did not violate First Amendment; and (3) group did not have standing to challenge constitutionality of ordinance's violations provision. Affirmed. Appeal from a judgment of the United States District Court for the Southern District of New York (Stein, District J.) granting in part and denying in part defendant-appellee's motion for summary judg... UNITED STATES of America, Appellee, v. Richard RIVERA, Defendant-Appellant. , C.A.2 (Conn.), November 16, 2009 Appeal from the United States District Court for the District of Connecticut (Burns, J.). Nora R. Dannehy, Acting United States Attorney for the District of Connecticut (Geoffrey M. Stone, Assistant U.S. Attorney, Sandra S. Glover, Assistant United States Attorney, of counsel), for Appellee. Thomas G. Dennis, Federal Defender (Deirdre Murray, Assistant Federal Defender, Thomas McCudeen, on the brief), Hartford, CT, for Appellant. SUMMARY ORDER ON CONSIDERATION WHEREOF, IT IS HEREBY ORDE... Kenyon B. FITZGERALD Jr., Peter Scoville Wells, Sidney Siller, Disabled American Veterans Department of New York, Inc., Plaintiffs-Appellants, v. Wade F.B. THOMPSON, Elihu Rose, Arie L. Kopelman, Stephen Lash, Edward Klein, Rebecca Robertson, Kirst, C.A.2 (N.Y.), November 16, 2009 Appeal from the United States District Court for the Southern District of New York (Jones, J). Whitney North Seymour, Jr., (Gabriel North Seymour, on the brief), for Appellants. Lewis R. Clayton (Barbara R. Llanes, on the brief), Michael S. Belohlavek, Senior Counsel (Patrick J. Walsh, Assistant Solicitor General of Counsel, on the brief), on behalf of Andrew M. Cuomo, Attorney General of the State of New York, for Appellees. SUMMARY ORDER ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ... TRUSTEES OF the NEW YORK STATE NURSES ASSOCIATION PENSION PLAN, Plaintiff- Appellee, v. CABRINI MEDICAL CENTER, Defendant-Appellant. [FN*]FN* The Clerk of the Court is respectfully directed to amend the official caption of this action to conform t, C.A.2 (N.Y.), November 16, 2009 Appeal from the United States District Court for the Southern District of New York (Berman, J.). Willis J. Goldsmith (Joel E. Cohen and Nadine M. Gomes Williams, on the brief), New York, NY, for Appellant. Charles F. Seemann, III (Albert Kalter, New York, New York, on the brief), New Orleans, LA, for Appellee. SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the January 30, 2009 order of the United States District Court for the Southern District of N... Mei Yao YING, 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, November 16, 2009 Dehai Zhang, Flushing, NY, for Petitioner. Tony West, Assistant Attorney General; Terri J. Scadron, Assistant Director; Hillel R. Smith, 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. Mei Yao Ying, a native and citiz... Otilio ESPINDOLA-CASTENA, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General [FN1], Respondent. FN1. Eric H. Holder, Jr., is automatically substituted as the respondent in this case pursuant to Federal Rule of Appellate Proc, C.A.2, November 16, 2009 Andrew L. Friedman, New York, N.Y., for Petitioner. John B. Holt, Office of Immigration Litigation (John Cunningham, Special Litigation Counsel, on the brief) on behalf of Tony West, Assistant Attorney General, Civil Division, Department of Justice, Washington, D.C., for Respondent. SUMMARY ORDER Petition for review of an order of the Board of Immigration Appeals ("BIA" or "Board"). ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the petition for review is DEN... Isatu BARRIE, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent. , C.A.2, November 16, 2009 Ronald S. Salomon, New York, NY, for Petitioner. Tony West, Assistant Attorney General, Civil Division; Greg D. Mack, Senior Litigation Counsel; Manuel A. Palau, 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 DISMISSED. Petit... Sucurija TAFOVIC, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent. , C.A.2, November 16, 2009 Saul C. Brown, New York, NY, for Petitioner. Tony West, 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. Sucurija Tafovic, a native ... Kenneth SMITH, Plaintiff-Appellant, v. Donna M. MASTERSON, Byron Rodas, Venkat Ramani, M.D., Westchester Medical Center, Robert P. Raymond, Brian S. Fischer, Robert Ercole, Defendants- Appellees, Nurse Administrators, Facility Health Services Dir, C.A.2 (N.Y.), November 16, 2009 Appeal from the United States District Court for the Southern District of New York (Robert W. Sweet, Judge). Kenneth Smith, pro se, Appellant. Laura R. Johnson, Assistant Solicitor General, on behalf of Andrew M. Cuomo, Attorney General of the State of New York, New York, NY, for Donna M. Masterson, Byron Rodas, Venkat Ramani, M.D., Robert P. Raymond, Brian S. Fischer, and Robert Ercole. William H. Bave, Jr., Wilson, Bave, Conboy, Cozza & Couzens, P.C., White Plains, NY, for Westchester Me... Rohan BROWN, Petitioner-Appellee, v. Robert ERCOLE, Superintendant, Green Haven Correctional Facility, Respondent- Appellant. , C.A.2 (N.Y.), November 16, 2009 Appeal from the United States District Court for the Southern District of New York (Buchwald, J.). Robert S. Dean (David J. Klem, on the brief), Center for Appellate Litigation, New York, N.Y., for Petitioner-Appellee. Thomas R. Villecco, Assistant District Attorney (Joseph N. Ferdenzi, Assistant District Attorney, on the brief), for Robert T. Johnson, Bronx County District Attorney, New York, N.Y., for Respondent-Appellant. SUMMARY ORDER ON CONSIDERATION WHEREOF, it is hereby ORDERED, A... Barbara ROCKMORE, Plaintiff-Appellant, v. Darrick E. ANTELL, Darrick E. Antell, M.D., D.D.S., P.C., Darrick E. Antell, M.D., D.D.S., P.C., F.A.C.S., Darrick E. Antell, M.D., F.A.C.S., and Darrick E. Antell, M.D., F.A.C.S., P.C., Defendants-Appellee, C.A.2 (N.Y.), November 16, 2009 Appeal from the United States District Court for the Southern District of New York (Batts, J.). Scott A. Lucas, New York, NY, for Plaintiff-Appellant. Andrew P. Marks, Littler Mendelson, P.C., New York, NY, for Defendants- Appelless. SUMMARY ORDER ON CONSIDERATION WHEREOF, it is hereby ORDERED, ADJUDGED, and DECREED that the judgment of the district court be and hereby is AFFIRMED. Plaintiff-appellant Barbara Rockmore appeals from an order of the district court dated September 24, 2008, ... Roxanne Angela ISAACS, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent. , C.A.2, November 16, 2009 Roxanne Angela Isaacs, Ridgewood, NJ, pro se. Tony West, Assistant Attorney General, Civil Division, Barry J. Pettinato, Assistant Director, Russell J.E. Verby, Senior Litigation Counsel, 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 DE... Saman RANDENIYA, Namali Randeniya, Savinda Randeniya, Kevin Randeniya, Nethmi Randeniya, Petitioners, v. Eric H. HOLDER, Jr., U.S. Attorney General, Respondent. , C.A.2, November 16, 2009 Visuvanathan Rudrakumaran, New York, N.Y., for Petitioner. Tony West, Assistant Attorney General, Douglas E. Ginsburg, Senior Litigation Counsel, Ethan B. Kanter, Senior Litigation Counsel, Glen T. Jaeger, 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, ADJUDG... Charles HECKER, Plaintiff-Appellant, v. Dwayne MONTGOMERY, Defendant-Appellee. , C.A.2 (N.Y.), November 16, 2009 Appeal from a judgment of the United States District Court for the Southern District of New York (Daniels, J.). Charles Hecker, New York, NY, pro se. Cheryl Payer, Assistant Corporation Counsel (for Michael A. Cardozo, Corporation Counsel of the City of New York), New York, 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 Charles Hecker appeals from ... Shawn GAINES, Plaintiff-Appellant, v. N.Y.C. TRANSIT AUTHORITY, Defendant-Appellee, Transport Workers Union of Greater NY-AFL-CIO Local 100, Defendant-Appellee. , C.A.2 (N.Y.), November 16, 2009 Appeal from judgments of the United States District Court for the Eastern District of New York (Gershon, J.). Shawn Gaines, Murrells Inlet, S.C., pro se, for Appellant. Martin B. Schnabel, General Counsel; Francine Menaker, Attorney; Kristen Nolan, Of Counsel, Brooklyn, N.Y. (Attorneys for N.Y.C. Transit Authority); Daniel R. Bright, Schwartz, Lichten & Bright, P.C. (Attorneys for Transport Workers Union), for Appellees. SUMMARY ORDER UPON DUE CONSIDERATION IT IS HEREBY ORDERED, ADJUDGE... LAVA RECORDS LLC, a Delaware limited liability company, Warner Bros. Records Inc., a Delaware corporation, Capital Records Inc., a Delaware corporation, UMG Recordings Inc, a Delaware corporation, Sony BMG Music Entertainment, a Delaware general part, C.A.2 (N.Y.), November 16, 2009 Appeal from the United States District Court for the Southern District of New York (Brieant, J.). Richard A. Altman, New York, NY, for Appellant. Timothy M. Reynolds (Laurie J. Rust, on the brief), Holme, Roberts & Owen LLP, Boulder, CO, for 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. Defendant-Counter-Claimant-Appellant Rolando Amurao appeals from so much of the judgment... Sayed KHALIFA, Amany Corp., Plaintiffs-Appellants, v. TOWN OF COVENTRY, Donal G. O'Shea, Theresa A. Schultheis, Richard Metzger, Jack Stafford, Robert M. Larkin, Esq., Thomas J. Loughren, Defendants-Appellees. , C.A.2 (N.Y.), November 16, 2009 Appeal from the United States District Court for the Northern District of New York (McAvoy, J.). Gideon Orion Oliver, New York, NY, for Plaintiffs-Appellants. Maria E. Lisi-Murray, Levene Gouldin & Thompson, LLP, Vestal, NY, for Defendants-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: Appellants Sayed Khalifa and Amany Corp. appeal from a grant of summary judgment and denial... Thyaisha DYSON, Plaintiff-Appellant, v. NEW YORK HEALTH CARE, INC., Pat Higgins, Defendants-Appellees, Antonio Torres, Defendant. , C.A.2 (N.Y.), November 16, 2009 Appeal from a judgment of the United States District Court for the Southern District of New York (Patterson, J.). Thyaisha Dyson, pro se, Bronx, NY, for Appellant. Roni E. Glaser, Meltzer, Lippe, Goldstein & Breitstone, LLP, Mineola, 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 Thyaisha Dyson, pro se, appeals the district court's judgment dismissing, sua sponte, her Title... Ai Jing JIANG, Petitioner, v. Eric H. HOLDER, Jr., U.S. Attorney General, Respondent. , C.A.2, November 13, 2009 Yu Zhang, New York, NY, for Petitioner. Tony West, Assistant Attorney General, Ernesto H. Molina, Jr., Assistant Director, Joanna L. Watson, 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. Petit... Michael J. WANG, Plaintiff-Appellant, v. OFFICE OF PROFESSIONAL MEDICAL CONDUCT, New York, Defendant-Appellee. , C.A.2 (N.Y.), November 13, 2009 Appeal from a judgment of the United States District Court for the Eastern District of New York (Seybert, J.). Michael J. Wang, pro se, South Setauket, NY, for Appellant. Andrew Cuomo, Attorney General for the State of New York; Barbara D. Underwood, Solicitor General; Benjamin N. Gutman, Deputy Solicitor General; Ann P. Zybert, Assistant Solicitor General of Counsel, New York, NY, for Appellee. SUMMARY ORDER UPON DUE CONSIDERATION IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the jud... John LOCKHART, Petitioner-Appellant, v. William BROWN, Superintendent, Respondent-Appellee. , C.A.2 (N.Y.), November 13, 2009 Appeal from a judgment of the United States District Court for the Northern District of New York (Sharpe, J.). Brian Sheppard, Law Office of Brian Sheppard, Esq., New Hyde Park, NY, for Appellant. Ashlyn Dannelly, Assistant Attorney General (Barbara D. Underwood, Solicitor General, and Roseann B. MacKechnie, Deputy Solicitor General for Criminal Matters, on the brief), for Andrew M. Cuomo, Attorney General of the State of New York, New York, NY, for Appellee. SUMMARY ORDER UPON DUE CONSI... Karen K. GATTEGNO, Petitioner, v. ADMINISTRATIVE REVIEW BOARD, Prospect Energy Corporation, Prospect Administration, LLC, Prospect Capital Management LLC, John F. Barry, M. Grier Eliasek, Michael E. Basham, Robert A. Davidson, Walter Parker, Eugene, C.A.2, November 13, 2009 Karen K. Gattegno, Scarsdale, N.Y., pro se. Joan Brenner, Attorney, United States Department of Labor, Office of the Solicitor, Washington, D.C. (Carol A. De Deo, Deputy Solicitor for National Operations; Steven J. Mandel, Associate Solicitor; Ellen R. Edmond, Counsel for Whistleblower Programs, on the brief), for Respondents. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a decision by the United States Department of Labor, Administrative Review Board (the "ARB"), it i... Mamadou CISSE, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General. , C.A.2, November 13, 2009 Ronald S. Salomon, New York, NY, for Petitioner. Tony West, Assistant Attorney General; Jennifer L. Lightbody, Senior Litigation Counsel; Achiezer Guggenheim, 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. Mamadou Cisse, a... Qemal XHARO, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent. , C.A.2, November 13, 2009 Charles Christophe, New York, NY, for Petitioner. Tony West, Assistant Attorney General; Richard M. Evans, Assistant Director; Andrew Oliveira, 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. Qe... HAWKNET, LTD., Plaintiff-Appellant, v. OVERSEAS SHIPPING AGENCIES, Overseas Worldwide Holding Group, Homay General Trading Co., LLC, Majdpour Bros. Customs Clearance, Majdpour Bros. International Sea & Land Transport, SA, Gulf Overseas General Trad, C.A.2 (N.Y.), November 13, 2009 In our recent decision in Shipping Corp. of India Ltd. v. Jaldhi Overseas Pte Ltd., --- F.3d ----, No. 08-3477, 2009 WL 3319675 (2d Cir. Oct. 16, 2009), decided while the instant case was sub judice, the Court of Appeals held that an electronic funds transfer was not property attachable under a maritime attachment order in the district courts of New York pursuant to Rule B of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions of the Federal Rules of Civil Proced... Frederick PUGLISI, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. , C.A.2 (N.Y.), November 13, 2009 Appeal from a denial by the United States District Court for the Eastern District of New York (Joanna Seybert, Judge) of a 28 U.S .C. § 2255 motion to vacate conviction and sentence due to ineffective assistance of counsel. We hold that denial was appropriate given that appellant failed to produce or identify evidence of actual prejudice. We therefore affirm. Cheryl J. Sturm, Chadds Ford, PA, for Petitioner-Appellant. Jo Ann M. Navickas, Assistant United States Attorney (Benton J. Campbell... Douglas WARNEY, Plaintiff-Appellee, v. MONROE COUNTY, Larry Bernstein, in his individual capacity, Wendy Evans Lehman, in her individual capacity and Michael C. Green, in his individual and official capacities, Defendants-Appellants, City of Roche, C.A.2 (N.Y.), November 13, 2009 Appeal by prosecutors from denial of their motion for absolute or qualified immunity by the United States District Court for the Western District of New York (Larimer, J.) in a suit alleging that the exculpatory result of post- trial DNA testing, conducted by the district attorney's office while defending habeas and other initiatives, was not timely disclosed to plaintiff Douglas Warney, who was in jail for a murder that the DNA testing ultimately showed he did not commit. Because the testing wa... Noel DAVILA, Plaintiff-Appellant, v. UCONN MED. CTR., State of CT, Susan Whetstone, I/O, Chief Admin., Mark Buchanan, I/O, MD, Edward Blanchette, I/O, MD, Chow Han, I/O, MD, Emily Savoy, I/O, Prison Admin., Theresa L. Lantz, I/O, Comm., Patricia Ot, C.A.2 (Conn.), November 12, 2009 Appeal from a judgment of the United States District Court for the District of Connecticut (Chatigny, J.). Noel Davila, Suffield, CT, pro se. Madeline A. Melchionne, Assistant Attorney General, Office of the Attorney General, State of Connecticut, Hartford, CT (Richard Blumenthal, Attorney General, on the brief), for Appellees. SUMMARY ORDER UPON DUE CONSIDERATION IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court be AFFIRMED. Appellant Noel Davila, pro s... Waddell SMITH, Petitioner-Appellant, v. D. LA CLAIR, Respondent-Appellee. , C.A.2 (N.Y.), November 12, 2009 Appeal from the United States District Court for the Southern District of New York (Shira A. Scheindlin, Judge; Frank Maas, Magistrate Judge). Jeffrey G. Pittell, Maher & Pittell, LLP, Great Neck, NY, for Appellant. Leilani Rodriguez, Assistant Attorney General (Barbara D. Underwood, Solicitor General, and Roseann MacKechnie, Deputy Solicitor General for Criminal Matters, on the brief), for Andrew M. Cuomo, Attorney General of the State of New York, New York, NY, for Appellee. SUMMARY OR... Johnny HAYGOOD, a.k.a. "New York," Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. , C.A.2 (Conn.), November 12, 2009 Appeal from the United States District Court for the District of Connecticut (Janet C. Hall, Judge). Eleanor Jackson Piel, New York, NY, for Appellant. Robert M. Spector, Assistant United States Attorney (William J. Nardini, Assistant United States Attorney, on the brief), for Nora R. Dannehy, Acting United States Attorney for the District of Connecticut. SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the January 23, 2007 judgment of the district ... UNITED STATES of America, Appellee, v. Henry IKEZI, Defendant-Appellant. , C.A.2 (N.Y.), November 12, 2009 Richard Giampa, Bronx, NY, for Appellant. William P. Campos, Assistant United States Attorney, of counsel to Benton J. Campbell, United States Attorney for the Eastern District of New York, New York, N.Y. (Peter A. Norling, on the brief), for Appellee. SUMMARY ORDER Appeal from a conviction and denial of a motion for a judgment of acquittal in the United States District Court for the Eastern District of New York (Frederick Block, Judge ). ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJ... Darwin J. FIFIELD, Sr., Plaintiff-Appellant, v. Detective BARRANCOTTA, Detective Seekins, Officer Wasik, Neil Merritt, Lockport Chief of Police, Defendants-Appellees. , C.A.2 (N.Y.), November 12, 2009 Appeal from a judgment of the United States District Court for the Western District of New York (Larimer, J.). Darwin J. Fifield, Sr., Attica, N.Y., pro se. Daniel E. Sarzynski and R. Anthony Rupp III, Rupp, Baase, Pfalzgraf, Cunningham & Coppola LLC, Buffalo, 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 in part, VACATED in part, and REMANDED. Appellant Darwin J. Fifield, Sr., pr... Daniel DUVIELLA, Plaintiff-Appellant, v. JET BLUE AIRWAYS, Defendant-Appellee. , C.A.2 (N.Y.), November 12, 2009 Appeal from the United States District Court for the Eastern District of New York (Nicholas G. Garaufis, Judge). Jason M. Wolf, Wolf & Wolf, LLP, Bronx, NY, for Appellant. Edward Cerasia, II (Christie Del Rey-Cone, on the brief), Morgan, Lewis & Bockius LLP, New York, NY, for Appellee. SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court, entered on May 7, 2008, is AFFIRMED. Plaintiff Daniel Duviella appeals from an ... James BENJAMIN, et al., Plaintiffs-Appellants, v. Martin HORN, et al., Defendants-Appellees. , C.A.2, November 12, 2009 Steven Banks (John Boston, Dale A. Wilker, & Veronica Vela, on the brief), The Legal Aid Society, New York, NY, for Plaintiffs-Appellants. Julie Steiner, Assistant Corporation Counsel (Barry Schwartz, on the brief), on behalf of Michael A. Cardozo, Corporation Counsel of the City of New York, for Defendants-Appellees. SUMMARY ORDER UPON DUE CONSIDERATION, it is hereby ORDERED, ADJUDGED, AND DECREED that the judgment of the district court be VACATED, and the case REMANDED to the district cou... Presly VAL, 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 At, C.A.2, November 12, 2009 Justin Conlon, North Haven, Connecticut, for petitioner. Tony West, Assistant Attorney General; John C. Cunningham, Senior Litigation Counsel; Claire L. Workman, 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... UNITED STATES of America, Appellee, v. Miciceale DELILEON, Defendant-Appellant. [FN*]FN* The Clerk of the Court is respectfully directed to amend the official caption to conform to the caption of this order. , C.A.2 (N.Y.), November 12, 2009 Appeal from the United States District Court for the Southern District of New York (Kimba M. Wood, Judge). Mitchell A. Golub, Golub & Golub LLP, New York, NY, for Appellant. Preet Bharara, United States Attorney for the Southern District of New York (Amie N. Ely and Andrew L. Fish, Assistant United States Attorneys, of 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 is AFFIRMED... Richard AYERS, et al., Petitioners, v. SGS CONTROL SERVICES, INC., et al., Respondents. [FN*]FN* This being a summary order, the full caption has been purposely abbreviated. , C.A.2 (N.Y.), November 12, 2009 Appeal by class counsel for Petitioners from an Order of the Southern District of New York (Berman, J.) awarding class counsel attorneys' fees in the amount of $1,377,500. Dan C. Getman, Getman & Sweeney, PLLC, New Paltz, N.Y. (Michael J.D. Sweeney, Edward Tuddenham, on the brief), for Petitioners. SUMMARY ORDER UPON DUE CONSIDERATION, it is hereby ORDERED, ADJUDGED, AND DECREED, that the Order of the District Court is AFFIRMED as to the common fund fee percentage and the exclusion of the p... Joseph A. LEVINE, Plaintiff-Appellant, v. GREECE CENTRAL SCHOOL DISTRICT, Monroe 2--Orleans Board of Cooperative Educational Services, David Mancuso, Kathleen Madonia, Donald Nadolinski, Deborah Hoeft, Amy Peritsky, and Kenneth Merkey, Defendants-A, C.A.2 (N.Y.), November 12, 2009 Appeal from a judgment of the United States District Court for the Western District of New York (Telesca, J.). Jeffrey Wicks, Law Office of Jeffrey Wicks (Seth T. Molisani, on the brief), Rochester, N.Y., for Plaintiff-Appellant. Dale A. Worrall, Harris Beach LLP, Pittsford, N.Y., for Defendants- Appellees Greece Central School District, Donald Nadolinski, Deborah Hoeft, Amy Peritsky, and Kenneth Merkey. Michael S. Cerrone, Webster Szanyi LLP, Buffalo, N.Y., for Defendants- Appellees Mo... JIN ZHI PIAO, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent. , C.A.2, November 12, 2009 Yu Zhang, Esq., Law Offices of Fuhao Yang, PLLC, New York, NY, for Petitioner. Tony West, Assistant Attorney General, Civil Division, Anh-Thu P. Mai- Windle, Senior Litigation Counsel, Karen Y. Stewart, Attorney, U .S. Department of Justice, 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 petitio... Mohammed AZAD, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent. , C.A.2, November 12, 2009 Amy N. Gell, 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. Petitioner Mohammed Azad, a n... YU QING CHEN, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent. , C.A.2, November 12, 2009 Stuart Altman, New York, NY, for Petitioner. Tony West, Assistant Attorney General; Jennifer L. Lightbody, Senior Litigation Counsel; Rosanne M. Perry, 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. Yu Qing Chen, a n... Fortunato GARCIA, Plaintiff-Appellant, v. Robert HEBERT, Lisa Killiany, Magdalena Campos, Andrew Wittstein, John Doe, Mary Roe, Defendants-Appellees. , C.A.2 (Conn.), November 12, 2009 Appeal from the United States District Court, District of Connecticut (Robert N. Chatigny, Judge; Donna F. Martinez, Magistrate Judge). Whitney North Seymour, Jr, Law Office of Whitney North Seymour, Jr., New York, N.Y. (Gabriel North Seymour, on the brief), Appearing for Petitioner. Maite Barainca, Assistant Attorney General, Hartford, CT (Richard Blumenthal, Attorney General, Thomas J. Davis, Jr., Assistant Attorney General, on the brief), Appearing for Respondents. SUMMARY ORDER UPON... Valerie Plame WILSON, Simon & Schuster Inc., Plaintiffs-Appellants, v. The CENTRAL INTELLIGENCE AGENCY; Leon E. Panetta, in his official capacity as Director of the Central Intelligence Agency; and Dennis C. Blair, in his official capacity as Direc, C.A.2 (N.Y.), November 12, 2009 Appeal from an award of summary judgment in favor of defendants entered in the United States District Court for the Southern District of New York (Barbara S. Jones, Judge). Plaintiffs Valerie Plame Wilson, a former employee of the Central Intelligence Agency, and Simon & Schuster Inc., the publisher of her memoir, submit that the district court erred in concluding, as a matter of law, that the CIA did not violate the First Amendment when it refused to allow Ms. Wilson to publish information rega... Andrew YOUNG, Plaintiff-Appellee, v. COOPER CAMERON CORPORATION, Defendant-Appellant. , C.A.2 (N.Y.), November 12, 2009 Holdings: The Court of Appeals, Jacobs, Chief Judge, held that: (1) employee was outside FLSA's professional exemption, and (2) District Court's conclusion that employer had willfully violated FLSA was warranted. Affirmed and remanded. The U.S. District Court for the Southern District of New York (Swain, J.) held on summary judgment that, as a matter of law, plaintiff-appellee Andrew Young ("Young"), a Product Design Specialist, was outside the "professional exemption" to the overtim... Anthony SPINALE, G & T Terminal Packaging Co., Inc., Plaintiffs-Appellants, v. David L. BALL, William Cashin, Paul I. Cutler, Glenn A. Jones, Elias Malavet, Michael Strusiak, Michael Tsamis, Thomas C. Vincent, Edmund R. Esposito, Defendants-Appelle, C.A.2 (N.Y.), November 10, 2009 Appeal from a judgment of the United States District Court for the Southern District of New York (Kimba M. Wood, Judge; James C. Francis IV, Magistrate Judge). Linda Strumpf, South Salem, NY, for Appellants. Danna Drori, Assistant United States Attorney (David S. Jones, Assistant United States Attorney, on the brief), on behalf of Lev L. Dassin, Acting United States Attorney for the Southern District of New York, New York, NY, for William Cashin. for Appellees. David L. Ball, Paul I. Cutle... NEW FALLS CORP., Plaintiff-Appellant, v. Edward N. LERNER, Defendant-Appellee. , C.A.2 (Conn.), November 10, 2009 Appeal from a judgment of the United States District Court for the District of Connecticut (Stefan R. Underhill, Judge). Richard M. Levy (Douglas M. Evans, on the brief) Kroll, McNamara, Evans & Delehanty, LLP, West Hartford, CT, for Appellant. Thomas E. Katon, Susman, Duffy & Segaloff, P.C., New Haven, CT, 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 New Falls ... ZHU ZI NI, a.k.a. Zhu Zi Li, Petitioner, v. Eric H. HOLDER, Jr., [FN*] Attorney General, United States Department of Justice, Respondent. FN* Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Attorney General Eric H. Holder, Jr., is , C.A.2, November 10, 2009 Fuhao Yang, New York, NY, for Petitioner. Michael F. Hertz, Acting Assistant Attorney General, Linda S. Wernery, Assistant Director, Trish Maskew, 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 Zhu Z... CHUNJI JIN, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent. [FN*]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, November 10, 2009 Jie Han, New York, NY, for Petitioner. Tony West, Assistant Attorney General; Shelley R. Goad, Senior Litigation Counsel; 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. Chunji Jin, a native and citiz... Ayfer YALINCAK, 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 form, C.A.2, November 10, 2009 Edwin T. Gania, Law Office of Robert DeKelaita, Skokie, IL, for Petitioner. Tony West, Assistant Attorney General; James E. Grimes, Senior Litigation Counsel; Janice K. Redfern, Senior Litigation Counsel, 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, ADJUDGED, AND DECREED, that the petitions... SAI YING ZHU, a.k.a. Sai Ying Jhu, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent. , C.A.2, November 10, 2009 Gary J. Yerman, New York, NY, for Petitioner. Michael F. Hertz, Acting Assistant Attorney General, Civil Division; Barry J. Pettinato, Assistant Director; Katharine E. Clark, 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 DENI... YONG QUN DONG, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent. [FN1]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, November 10, 2009 Feng Li, New York, NY, for Petitioner. Tony West, Assistant Attorney General, Civil Division; Barry J. Pettinato, Assistant Director; Carmel A. Morgan, 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. Yong Qun Dong, a cit... Gloria Patricia JARAMILLO, Petitioner, v. Eric H. HOLDER Jr., United States Attorney General. [FN*]FN* 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, November 10, 2009 Alan Michael Strauss, New York, NY, for Petitioner. Michael F. Hertz, Acting Assistant Attorney General; Shelley R. Goad, Senior Litigation Counsel; Carmel A. Morgan, 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 petitioner's motion to reconsider and mo... UNITED STATES of America, Appellee, v. Syed HASAN, Defendant-Appellant. , C.A.2 (N.Y.), November 10, 2009 Defendant Syed Hasan ("Hasan") appeals from an October 3, 2008 judgment of the United States District Court for the Eastern District of New York (Sandra L. Townes, Judge ) convicting him, after a jury trial, of various crimes, including making a false statement on a passport application in violation of 18 U.S.C. § 1542. On appeal, Hasan argues, inter alia, that the evidence was insufficient to convict him because the evidence failed to establish that he made a material misstatement on the passpo... Abel ORTIZ, Petitioner-Appellant, v. N.Y.S. PAROLE IN BRONX, N.Y., Respondent-Appellee. , C.A.2 (N.Y.), November 10, 2009 Petitioner-Appellant seeks federal habeas review of his convictions for first degree riot and second degree assault under New York law, which were upheld on direct appeal. See People v. Ortiz, 777 N.Y. S.2d 640, 640 (N.Y.App. Div. 1st Dep't 2004). The United States District Court for the Southern District of New York (Preska, J.) denied his request for a writ of habeas corpus. On appeal, Petitioner-Appellant claims that the New York courts' interpretation of the riot statute, N.Y. Penal Law § 24... Artan DALIPAJ, Roza Dalipaj, Roarda Dalipaj, 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 automatic, C.A.2, November 9, 2009 Matthew L. Kolken, Kolken & Kolken, Buffalo, NY, for Petitioners. Tony West, Assistant Attorney General, Civil Division; John C. Cunningham, Senior Litigation Counsel, Office of Immigration Litigation; Remi Adalemo, Attorney, U.S. 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 Board of Immigration Appeals ("BIA") decision, it is hereby ORDERED, ADJUDGED, AND DECR... Isaac PACHECO, 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, November 9, 2009 Paul O'Dwyer, New York, NY, for Petitioner. Michael F. Hertz, Acting Assistant Attorney General, Civil Division; Richard M. Evans, Assistant Director; Nancy E. Friedman, 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 the petition for review i... Yanmei QIAN, Petitioner, v. UNITED STATES DEPARTMENT OF JUSTICE, Attorney General Eric H. Holder, Jr., Respondents. , C.A.2, November 9, 2009 Dehai Zhang, Flushing, NY, for Petitioner. Tony West, Assistant Attorney General; Richard M. Evans, Assistant Director; Kevin J. Conway, 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 DISMISSED, in part, and DENIED, in part. Petit... QIU YUN LI, 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 Att, C.A.2, November 9, 2009 Melissa M. Desvarieux, Esq., Christophe & Associates, New York, NY, for Petitioner. Jeffrey S. Bucholtz, Acting Assistant Attorney General; Anthony W. Norwood, Senior Litigation Counsel, 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 pet... Zhi LI, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent. , C.A.2, November 9, 2009 Lee Ratner, Law Offices of Michael Brown, New York, NY, for Petitioner. Tony West, Assistant Attorney General; Francis Fraser, Senior Litigation Counsel; 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. ... GUI WEN PAN, 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 Acting Attorn, C.A.2, November 6, 2009 Yan Wang, New York, NY, for Petitioner. Gregory G. Katsas, Assistant Attorney General; Mark C. Walters, Assistant Director; Anh-Thu P. Mai-Windle, 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 the petition for review is DENIED. Petitioner Gui... JING ZHANG, Xioaguo Xu, a.k.a. Xia Zhai Gou, Petitioners, 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 su, C.A.2, November 6, 2009 Gary J. Yerman, New York, NY, for Petitioners. Tony West, Assistant Attorney General; Lyle D. Jentzer, Senior Litigation Counsel; Ann Carroll Varnon, 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. Petitioners Jing Zhang... XIAOWU XIA-NMN, 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 Acting Att, C.A.2, November 6, 2009 Gary J. Yerman, New York, NY, for Petitioner. Tony West, Assistant Attorney General; Richard M. Evans, Assistant Director; Sharon M. Clay, Trial Attorney, Office of Immigration Litigation, United States Department of Justice, Washington, D.C. 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 Xiaowu Xia-Nmn, a native and citizen... CAI QIN HUANG, 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 Ge, C.A.2, November 6, 2009 Peter D. Lobel, New York, NY, for Petitioner. Tony West, Assistant Attorney General; Richard M. Evans, Assistant Director; Benjamin J. Zeitlin, 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 Cai Qin Huang, a ... FANG ZHENG FU, a.k.a. Fangzheng Hu, 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 f, C.A.2, November 6, 2009 Gary J. Yerman, New York, NY, for Petitioner. Michael F. Hertz, Assistant Attorney General; Richard M. Evans, Assistant Director; Benjamin J. Zeitlin, 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 Fang Zheng... MU JUAN CHEN, Petitioner, v. Eric H. HOLDER, Jr., U.S. Attorney General, Respondent. , C.A.2, November 6, 2009 Thomas D. Barra, New York, NY, for Petitioner. Michael F. Hertz, Acting Assistant Attorney General; Jennifer Paisner Williams, Senior Litigation Counsel; Margaret Kuehne Taylor, 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 DE... PING WANG, 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 Genera, C.A.2, November 6, 2009 Wendy Tso, New York, NY, for Petitioner. Michael F. Hertz, Acting Assistant Attorney General; Jennifer Paisner Williams, Senior Litigation Counsel; Lance L. Jolley, 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. Petitio... TONG YI 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 At, C.A.2, November 6, 2009 Norman Kwai Wing Wong, New York, N.Y., for Petitioner. Michael F. Hertz, Acting Assistant Attorney General; Anthony W. Norwood, Senior Litigation Counsel; Wendy Benner-Leon, Trial Attorney, United States Department of Justice, Civil Division, 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 DENIED. Petitioner Tong... Doudou KANE, 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 A, C.A.2, November 6, 2009 Matthew J. Harris (Eric A. Wuestman, on the brief), Brooklyn, N.Y ., for Petitioner. Michael F. Hertz, Acting Assistant Attorney General; Barry J. Pettinato, Assistant Director; Norah Ascoli Schwarz, Senior Litigation Counsel, Office of Immigration Litigation, 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, tha... YING QIAN, 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 Acting, C.A.2, November 6, 2009 Yu Zhang, Law Offices of Fuhao Yang, PLLC, New York, NY, for Petitioner. Tony West, Assistant Attorney General; Terri J. Scadron, Assistant Director; Siu P. Wong, 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. Ying Q... BAO YIN HUANG, 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 Ge, C.A.2, November 6, 2009 Tina Yu Howe, New York, NY, for Petitioner. Michael F. Hertz, Acting Assistant Attorney General; Russell J.E. Verby, Senior Litigation Counsel; John D. Williams, 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... DIAN EN JIANG, a.k.a. Jiang Dian'En, a.k.a. Dianen Jiang, 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 autom, C.A.2, November 6, 2009 Jeannine Quijije, New York, NY, for Petitioner. Gregory G. Katsas, Assistant Attorney General; Anh-Thu P. Mai-Windle, Senior Litigation Counsel; Kathryn M. McKinney, 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 D... FEI CHEN, 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 General, C.A.2, November 6, 2009 Fei Chen, pro se. Gregory G. Katsas, Assistant Attorney General; Blair T. O'Connor, Assistant Director; Elizabeth D. Kurlan, 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 Fei Chen, a native and citizen of th... KUI LIN, 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 General , C.A.2, November 6, 2009 Theodore N. Cox, New York, NY, for Petitioner. Gregory G. Katsas, Assistant Attorney General; Anthony C. Payne, Senior Litigation Counsel; Lindsay E. Williams, 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 Kui Lin... HONG CHING SHI, a.k.a. Hong Ching, a.k.a. H. Neo, 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 auto, C.A.2, November 6, 2009 Scott E. Bratton, Cleveland, OH, for Petitioner. Gregory G. Katsas, Assistant Attorney General; Susan Houser, Senior Litigation Counsel; Marion E. Guyton, 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 Hong C... Sai Feng LIN, 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 Gen, C.A.2, November 6, 2009 Gary J. Yerman, New York, NY, for Petitioner. Gregory G. Katsas, Acting Assistant Attorney General; Greg D. Mack, 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 the petition for review is DENIED. Petitioner Sai Feng Lin, a native and citize... SHEN WU, 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 General , C.A.2, November 6, 2009 Thomas V. Massucci, New York, NY, for Petitioner. Gregory G. Katsas, Assistant Attorney General; Susan K. Houser, Senior Litigation Counsel; Leah V. Durant, 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 Shen Wu, a... Ain Gin CHEN, a.k.a. Ying Jin Chen, 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 f, C.A.2, November 6, 2009 Theodore N. Cox; New York, NY, for Petitioner. Gregory G. Katsas, Assistant Attorney General; Carol Federighi, Senior Litigation Counsel; Paul T. Cygnarowicz, 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 Ai... Sun Hoi WONG, Petitioner, v. Eric H. HOLDER, Jr., U.S. Attorney General, Respondent. , C.A.2, November 6, 2009 Donald Paragon, New York, NY, for Petitioner. Gregory G. Katsas, Assistant Attorney General; Michael P. Lindemann, Assistant Director; Douglas E. Ginsburg, 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 the petition for review is DENIED. Pe... Zhang Fei XIE, 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 Ge, C.A.2, November 6, 2009 Henry N. Diaz, West Hempstead, NY, for Petitioner. Gregory G. Katsas, Assistant Attorney General; Ernesto H. Molina Jr., Assistant Director; Drew C. Brinkman, 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 Zh... Chun Hua ZHANG, a.k.a. Pou Chi Chan, 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 , C.A.2, November 6, 2009 Peter Lobel, New York, NY, for Petitioner. Gregory G. Katsas, Assistant Attorney General, Civil Division; Susan K. Houser, Senior Litigation Counsel; Monica G. Antoun, 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... Mei Yian CHEN, 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 Ge, C.A.2, November 6, 2009 Andre Sobolevsky, New York, NY, for Petitioner. Gregory G. Katsas, Assistant Attorney General; Blair T. O'Connor, Assistant Director; Joan Hogan, 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 Mei Yian Chen, ... Jian Chai LIN, 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 Ge, C.A.2, November 6, 2009 Wendy Tso, New York, NY, for Petitioner. Gregory G. Katsas, Assistant Attorney General; Mark C. Walters, Assistant Director; Jeffrey R. Meyer, 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 Jian Chai Lin, a native ... UNITED STATES of America, Appellee, v. Martin AGUILAR, also known as Sassy, Jeffrey Taylor, Quincy Martinez, Angel Navarro, also known as Prep, Anthony Perez, also known as Little Anthony, Edwin Aguilar, also known as Lucky, Armando Molina, Eric Ro, C.A.2 (N.Y.), November 5, 2009 Appeal from the United States District Court for the Eastern District of New York (Raymond J. Dearie, Chief Judge). James E. Neuman (David Stern, on the brief), New York, NY, for Appellant. David Bitkower, Assistant United States Attorney (Emily Berger, Assistant United States Attorney, on the brief), for Benton J. Campbell, United States Attorney for the Eastern District of New York, Brooklyn, NY, for Appellee. SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECR... Silvia SEIJAS, Emilio Romano, Ruben Weiszman, Anibal Campo, Maria Copati, Aurelius Capital Partners LP, Aurelius Capital Master, LTD., Pier Luigi Catto, Costantino Catto, Giuseppe Catto, Macrotecnic International Corporation, Jorge Marcelo Mazzini, A, C.A.2 (N.Y.), November 5, 2009 Appeal from the United States District Court for the Southern District of New York (Thomas P. Griesa, Judge). Jonathan I. Blackman (Carmine D. Boccuzzi, Christopher P. Moore, Rahul Mukhi, on the brief), Cleary Gottlieb Steen & Hamilton LLP, New York, NY, for the Republic of Argentina. Barry R. Ostrager (Mary Kay Vyskocil, Tyler B. Robinson, David Elbaum, on the brief), Simpson Thacher & Bartlett LLP, New York, NY, for Aurelius Capital Partners, LP, Aurelius Capital Master, Ltd., and Blue Ang... Samuel DE ASIS, Plaintiff-Appellant, v. NEW YORK CITY POLICE DEPARTMENT, New York City Department of Finance, New York City Parking Violations Bureau, Maureen Brown, # 1 John Doe, Jane Doe, both in their individual capacities and as employees of th, C.A.2 (N.Y.), November 5, 2009 Samuel De Asis, Queens Village, NY, pro se. Michael A. Cardozo, Corporation Counsel of the City of New York (Larry A. Sonnenshein, Teresita V. Magsino, Mordecai Newman, Of 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 is AFFIRMED. Appellant Samuel De Asis, pro se, appeals from the judgment of the United States District Court for the Eastern District of New York (Irizarry, J.... UNITED STATES of America, Appellee, v. Luis A. TODD-MURGAS, also known as Little Louie, also known as Sealed Defendant # 3, Raul Antonio Cordoba-Murgas, also known as Strawberry, Defendants-Appellants, Luis A. Murgas, also known as Sealed Defendan, C.A.2 (N.Y.), November 5, 2009 Appeal from the United States District Court for the Northern District of New York (Howard G. Munson, Judge; Norman A. Mordue, Chief Judge). Lawrence Gerzog, New York, NY, for Luis A. Todd-Murgas. Elizabeth S. Riker, Assistant United States Attorney (Grant C. Jaquith, Assistant United States Attorney, on the brief), for Andrew T. Baxter, United States Attorney for the Northern District of New York, Syracuse, NY. SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DE... Thomas Alexander DALLAL, Plaintiff-Appellant, v. NEW YORK TIMES COMPANY, New York Times Electronic Media Company, Times Company Digital, Inc., New York Times Information Service, Inc ., New York Times News Service, Defendants-Appellees. , C.A.2 (N.Y.), November 5, 2009 Appeal from the United States District Court for the Southern District of New York (Alvin K. Hellerstein, Judge). Eric Vaughn-Flam, Sanders Ortoli Vaughn-Flam Rosenstadt, LLP, New York, NY, for Appellant. Robert Penchina, Levine Sullivan Koch & Schulz, LLP (John B. O'Keefe, Levine Sullivan Koch & Schulz, LLP; George Freeman, New York Times Company, on the brief), New York, NY, for Appellees. SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgme... GUI KUN LIN, 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 Ge, C.A.2, November 5, 2009 Oleh R. Tustaniwsky, Brooklyn, N.Y., for Petitioner. Gregory G. Katsas, Acting Assistant Attorney General; Richard M. Evans, Assistant Director; Virginia Lum, 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 Gui Kun ... ZHEN XU, 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 Genera, C.A.2, November 5, 2009 Gary J. Yerman, New York, NY, for Petitioner. Gregory G. Katsas, Acting Assistant Attorney General; Mary Jane Candaux, Assistant Director; Julie S. Pfluger, 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 Zhen... MEI MEI ZHENG, 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 , C.A.2, November 5, 2009 Scott E. Bratton, Cleveland, OH, for Petitioner. Gregory G. Katsas, Assistant Attorney General; Linda S. Wernery, Assistant Director; Angela N. Liang, 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 Mei Mei Zh... LI FENG CHEN, 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, November 5, 2009 Gary J. Yerman, New York, NY, for Petitioner. Jeffrey S. Bucholtz, Acting Assistant Attorney General, David V. Bernal, Assistant Director, Jeffery R. Leist, Attorney, Office of Immigration Litigation, United States Department of Justice, Civil Division, 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... BING SONG LI, 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, November 5, 2009 H. Raymond Fasano, New York, N.Y., for Petitioner. Michael F. Hertz, Acting Assistant Attorney. General; Luis Enrique Perez, Senior Litigation Counsel; Edward C. 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 Board of Immigration Appeals ("BIA") decision, it is hereby ORDERED, ADJUDGED, AND DECREED, that the petition for review is DENIED. Petitioner Bing S... Patrick J. BERKERY and John T. O'Reilly, Plaintiffs-Appellants, v. ARCHDIOCESE OF HARTFORD, Michael J. Kasinskas, Matthew Byrne, and Michael St. Denis, Defendants-Appellees. , C.A.2 (Conn.), November 5, 2009 Appeal from the United States District Court for the District of Connecticut (Covello, J.). Kenneth R. Davis, Stamford, CT, for Appellant, Patrick J. Berkery. John T. O'Reilly, Guilford, CT, pro se. Lorinda S. Coon (Jeffrey C. Pingpank, on the brief), Cooney, Scully & Dowling, Hartford, CT, for Appellees, Archdiocese of Hartford, Matthew Byrne, and Michael St. Denis. Beverly Stauffer Knapp, Cramer, Alissi & Fontaine PC, Hartford, CT, for Appellee, Michael J. Kasinskas. AMENDED SUM... UNITED STATES of America, Appellee, v. Raphael RODRIGUEZ, Defendant-Appellant. , C.A.2 (N.Y.), November 5, 2009 Appeal from the United States District Court for the Southern District of New York (Stein, J.). Yuanchung Lee, Federal Defenders of New York, Inc., Appeals Bureau, New York, NY, for Defendant-Appellant. Michael D. Maimin (Katherine Polk Failla, of counsel), Assistant United States Attorneys, for Preet Bharara, United States Attorney for the Southern District of New York, New York, NY, for Appellee. SUMMARY ORDER ON CONSIDERATION WHEREOF, it is hereby ORDERED, ADJUDGED, and DECREED that t... FEINER FAMILY TRUST, individually and on behalf of all others similarly situated, and derivatively on behalf of Xcelera.com, Inc., a Cayman Island Corporation, Plaintiffs-Appellants, v. VBI CORPORATION, Alexander M. Vik, Gustav M. Vik, Michael J. K, C.A.2 (N.Y.), November 5, 2009 Appeal from the United States District Court for the Southern District of New York (Robert P. Patterson, Jr., Judge). Jeffrey S. Abraham, Abraham, Fruchter & Twersky, LLP, New York, NY, for Appellant. Peter J. MacDonald (Paul M. Winke, David Zetlin-Jones, Martin Gilmore, Wilmer Cutler Pickering Hale & Dorr LLP, Robin L. Alperstein, Becker, Glynn, Melamed & Muffly, LLP, on the brief), Wilmer Cutler Pickering Hale & Dorr, LLP, New York, NY, for Appellees. SUMMARY ORDER UPON DUE CONSIDERATI... MEI FEI DONG, 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, November 5, 2009 Gary J. Yerman, New York, NY, for Petitioner. Jeffrey S. Bucholtz, Acting Assistant Attorney General, Linda S. Wernery, Assistant Director, Thankful T. Vanderstar, Attorney, Office of Immigration Litigation, United States Department of Justice, Civil Division, 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... DIAN QUAN JIANG, 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 Attorne, C.A.2, November 5, 2009 Gary J. Yerman, New York, NY, for Petitioner. Jeffrey S. Bucholtz, Acting Assistant Attorney General; Greg D. Mack, Senior Litigation Counsel; Shahrzad Baghai, 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 D... QING SHAN LIU, 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 , C.A.2, November 5, 2009 Waisim M. Cheung, New York, N.Y., for Petitioner. Gregory G. Katsas, Acting Asst. Atty. General; Susan K. Houser, Senior Litigation Counsel; Jacob A. Bashyrov, 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 Q... CHANG SHUN LIN, 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, C.A.2, November 5, 2009 Gary J. Yerman, New York, NY, for Petitioner. Gregory G. Katsas, 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. Petitioner ... DE HUA ZHENG, 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, November 5, 2009 Vlad Kuzmin, New York, NY, for Petitioner. Gregory G. Katsas, Assistant Attorney General; Ernesto H. Molina Jr., Assistant Director; Dana M. Camilleri, 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 De Hua Zh... UNITED STATES of America, Appellee, v. Hugo Camallo SANPEDRO, also known as Pito, Defendant, Javier Mauricio Reyes De La Pava, also known as Mauro, also known as Gordo, and Julio Cesar Lopez Pena, also known as Julito, also known as Comba, Defenda, C.A.2 (N.Y.), November 5, 2009 Appeals from the United States District Court for the Southern District of New York (Chin, J.). Brian D. Waller (Kenneth C. Murphy and Andrew Rotstein, on the brief), Simon & Partners LLP, New York, NY, for Defendant-Appellant Julio Cesar Lopez Pena. John Burke, Brooklyn, NY, for Defendant-Appellant Javier Mauricio Reyes de la Pava. Marc P. Berger, Assistant United States Attorney, (Rebecca Monck Ricigliano and Andrew L. Fish, Assistant United States Attorneys, on the brief), for Lev L.... Robin DISTISO, ppa Nicholas Distiso, Plaintiff-Appellee, v. TOWN OF WOLCOTT, Wolcott Board of Education, Thomas Smyth, Defendants, John Cook, Jacqueline Uccello, Tammy Couture, Defendants-Appellants. , C.A.2 (Conn.), November 5, 2009 Michael Rose, Rose Kallor LLP (Johanna G. Zelman, on the brief), for Appellants. William S. Palmieri, Law Offices of William S. Palmieri, for Appellee. SUMMARY ORDER UPON DUE CONSIDERATION IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court be VACATED and the case REMANDED to the district court for further proceedings consistent with this opinion. Defendants-Appellants John Cook, Jacquelyn Ucello, and Tammy Couture ("Defendants") appeal a March 20, 2008 j... UNITED STATES of America, Appellee, v. Rubin PEREZ, also known as Ruben Perez, Defendant, Javier Sanchez, also known as Jacinto, and Frank Tejeda, Defendants-Appellants. , C.A.2 (N.Y.), November 5, 2009 Appeal from the United States District Court for the Southern District of New York (Marrero, J.). Donald Yannella, New York, NY, for Defendant-Appellant Javier Sanchez. Rua M. Kelly, Assistant United States Attorney, (Jeffrey A. Brown and Katherine Polk Failla, Assistant United States Attorneys, on the brief), for Lev L. Dassin, Acting United States Attorney for the Southern District of New York, New York, NY, for Appellee. SUMMARY ORDER ON CONSIDERATION WHEREOF, it is hereby ORDERED, A... Naomi WATSON, Plaintiff-Appellant, v. ARTS & ENTERTAINMENT TELEVISION NETWORK, Defendant-Appellee. , C.A.2 (N.Y.), November 5, 2009 Appeal from the United States District Court for the Southern District of New York (Pitman, M.J.). Naomi Watson, Princeton, NJ, pro se. Ellen M. Martin and Mark G. Young, Patterson Belknap Webb & Tyler LLP, New York, NY, for Appellee. SUMMARY ORDER UPON DUE CONSIDERATION, it is hereby ORDERED, ADJUDGED, AND DECREED that the district court judgment is AFFIRMED. Plaintiff-Appellant Naomi Watson, pro se, appeals from the March 28, 2008, judgment of the United States District Court for the S... Anna MASTROLILLO, Plaintiff-Appellant, v. State of CONNECTICUT, Norwalk Community College, Defendant-Appellee. , C.A.2 (Conn.), November 5, 2009 Appeal from a judgment of the United States District Court for the District of Connecticut (Chatigny, J.). Anna Mastrolillo, Norwalk, CT, pro se. Josephine S. Graff, Assistant Attorney General, for Richard Blumenthal, Attorney General of the State of Connecticut, Hartford, CT, for Appellee. SUMMARY ORDER UPON DUE CONSIDERATION IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court be AFFIRMED. Appellant Anna Mastrolillo, pro se, appeals a judgment of the dist... Roxanne FORD, Plaintiff-Appellant, v. N.Y.C. DEPARTMENT OF HEALTH AND MENTAL HYGIENE, Defendant-Appellee. , C.A.2 (N.Y.), November 5, 2009 Appeal from the United States District Court for the Southern District of New York (Denny Chin, Judge). Roxanne Ford, New York, NY, pro se. Cheryl Payer and Stephen J. McGrath, Assistant Corporation Counsel, for Michael A. Cardozo, Corporation Counsel of the City 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 district court entered on April 23, 2008, is AFFIRMED. Roxanne Ford appeals f... Ibrahima SAMB, 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 A, C.A.2, November 5, 2009 Seth L. Reszko, Reza Athari & Associates, Las Vegas, NV, for petitioner. Timothy G. Hayes, Trial Attorney, (Michael F. Hertz, Acting Assistant Attorney General, and Michelle Gorden Latour, Assistant Director, on the brief), 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... Andrew SCOTT, Petitioner-Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee. , C.A.2, November 5, 2009 Appeal from an order of the United States Tax Court (Kroupa, J.). Andrew Scott, Chester, VT, pro se. John A. DiCicco, Acting Assistant Attorney General; David I. Pincus and Anthony T. Sheehan, Attorneys, Tax Division, Department of Justice, Washington, DC, for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the order of the Tax Court is AFFIRMED. Petitioner Andrew Scott, pro se, appeals the Tax Court's grant of summary judgment dismissi... Sandra LAVOIE-FRANCISCO, Plaintiff-Appellant, Gary Zerjav, Plaintiff, v. TOWN OF COVENTRY, Joseph Callahan, Defendants-Appellees. Alfred Chiulli, Al-Fred Builders & Dev LLC, Defendants. , C.A.2 (Conn.), November 5, 2009 Appeal from the United States District Court for the District of Connecticut (Squatrito, J.). John R. Williams, New Haven, CT, for Plaintiff-Appellant. Frederick M. O'Brien, Regnier, Taylor, Curran & Eddy, Hartford, CT for Defendants-Appellees. SUMMARY ORDER ON CONSIDERATION WHEREOF, it is hereby ORDERED, ADJUDGED, and DECREED that the judgment of the district court entered October 14, 2008, is AFFIRMED. Plaintiff-Appellant Sandra Lavoie-Francisco appeals from a judgment of the district... Xiu Qun CHEN, 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, November 5, 2009 Gary J. Yerman, New York, NY, for Petitioner. Gregory G. Katsas, Acting Asst. Atty. General; Carol Federighi, Senior Litigation Counsel; Yamileth G. Handuber, Trial Atty., 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 Xiu Q... Ya Duan LIN, Petitioner, v. Eric H. HOLDER, Jr., U.S. Attorney General, Respondent. , C.A.2, November 5, 2009 Gang Zhou; New York, NY, for Petitioner. Gregory G. Katsas, Acting Assistant Attorney General; David V. Bernal, Assistant Director; Jeffery R. Leist, 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 Ya Duan Lin, a... SHU YING 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 substituted for former Acting Att, C.A.2, November 5, 2009 Danning Jiang, San Jose, CA, for Petitioner. Gregory G. Katsas, Assistant Attorney General; M. Jocelyn Lopez Wright, Senior Litigation Counsel; Judith O'Sullivan, 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. Petitione... Ya Zhi LIN, 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 Acting Attor, C.A.2, November 5, 2009 Dehai Zhang, Flushing, NY, for Petitioner. Gregory G. Katsas, Acting Assistant Attorney General; M. Jocelyn Lopez Wright, Assistant Director; 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 DENIED. Petitioner Ya Zh... Xiu Mei LI, 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 Acting Attor, C.A.2, November 5, 2009 Patrick A. Metcalf, Hoffman Estates, IL, for Petitioner. Jeffrey S. Bucholtz, Acting Asst. Atty. General; Anthony C. Payne, Senior Litigation Counsel; Anthony P. Nicastro, Atty., 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. Petitione... Xiao Dan YANG, 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 Acting At, C.A.2, November 5, 2009 Theodore N. Cox, New York, NY, for Petitioner. Gregory G. Katsas, Assistant Attorney General; Alison Marie Igoe, Senior Litigation Counsel; Edward J. Duffy, Trial Attorney, 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. Petitioner Xiao Dan Yang, a native and citizen of... Yu Qing JIANG, 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 Acting At, C.A.2, November 5, 2009 Dehai Zhang, Flushing, NY, for Petitioner. Jeffrey S. Bucholtz, Acting Assistant Attorney General; Susan K. Houser, Senior Litigation Counsel; Justin R. Markel, 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 Board of Immigration Appeals ("BIA") decision, it is hereby ORDERED, ADJUDGED, AND DECREED, that the petition for review is DENIED. Petitioner Yu Qing J... Zhen-En ZHENG, 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 Acting At, C.A.2, November 5, 2009 Gary J. Yerman, New York, NY, for Petitioner. Jeffrey S. Bucholtz, Assistant Attorney General; Mary Jane Candaux, Assistant Director; Edward E. Wiggers, 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 Zhen-En Zheng,... Wen Bing JIANG, a.k.a. Ya Nu Jiang, 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 substitute, C.A.2, November 5, 2009 Michael Brown, New York, NY, for Petitioner. Jeffrey S. Bucholtz, Acting Assistant Attorney General; Russell J.E. Verby, Senior Litigation Counsel; Terri Leon-Benner, 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... Ralph VARGAS and Bland-Ricky Roberts, Plaintiffs-Appellants, v. PFIZER INC., Defendant, Publicis, Inc., Fluid Music, East West Communications, Inc. and Brian Transeau, p/k/a "BT", Defendants-Appellees. , C.A.2 (N.Y.), November 5, 2009 Appeal from two judgments of the United States District Court for the Southern District of New York (Pauley, J.). Paul A. Chin, New York, NY, for Appellants. Anthony T. Falzone (Julie A. Ahrens, on the brief), Center for Internet and Society, Stanford Law School, Stanford, CA, for Brian Transeau, p/k/a "BT". Eric M. Stahl, Davis, Wright, Tremaine, LLP, Seattle, WA, for East West Communications, Inc. SUMMARY ORDER ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED th... Fei ZHENG, Petitioner, v. Eric H. HOLDER, Jr., U.S. Attorney General, Respondent. , C.A.2, November 5, 2009 John Chang, New York, NY, for Petitioner. Jeffrey S. Bucholtz, Acting Assistant Attorney General; Leslie McKay, 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 is DENIED. Petitioner Fei Zh... Zhong Song ZHOU, Petitioner, v. Eric H. HOLDER, Jr., U.S. Attorney General, Respondent. , C.A.2, November 5, 2009 Theodore N. Cox, New York, NY, for Petitioner. Gregory G. Katsas, Assistant Attorney General; James E. Grimes, Senior Litigation Counsel; Janice K. Redfern, 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 review ... UNITED STATES of America, Appellee, v. Timothy McDARRAH, Defendant-Appellant. , C.A.2, November 5, 2009 Lawrence M. Stern, New York, NY, for Defendant-Appellant. Rebecca Monck Ricigliano, Assistant United States Attorney, for Michael J. Garcia, United States Attorney, Southern District of New York (Reed Michael Brodsky, Daniel A. Braun, Assistant United States Attorneys, on the brief), for Appellee. SUMMARY ORDER UPON DUE CONSIDERATION, it is hereby ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED. Timothy McDarrah appeals a judgment of conviction in the U... Yu Rong 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 substituted for former Attorney Ge, C.A.2, November 5, 2009 Norman Kwai Wing Wong, New York, NY, for Petitioner. Peter D. Keisler, Asst. Atty. General; Carl H. McIntyre, Assistant Director; Susan Houser, Attorney, U.S. Department of Justice, Office of Immigration Litigation, 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. Yu Rong Zhu, a native and citize... Luis Ramon MORALES, Petitioner, v. Eric H. HOLDER, Jr., Attorney General of the United States, Respondent. [FN*]FN* The Clerk of the Court is directed to amend the caption to read as shown above. , C.A.2, November 5, 2009 Patrick D. Curran, (Kate Bushman, on the brief), Quinn Emanuel Urquhart Oliver & Hedges LLP, New York, NY, for Petitioner. Dalin Holyoak, Attorney, Office of Immigration Litigation, (Jeffrey S. Bucholtz, Acting Assistant Attorney General, Civil Division, Barry J. Pettinato, Assistant Director, Office of Immigration Litigation, Charles Canter, Office of Immigration Litigation, on the brief), United States Department of Justice, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDE... GENERAL STAR NATIONAL INSURANCE CO., Defendant-Cross-Defendant-Cross-Claimant- Appellant, v. UNIVERSAL FABRICATORS, INC., Mutual Marine Office Inc., New York Marine and General Insurance Company, Defendants-Cross-Defendants-Cross-Claimants- Appel, C.A.2 (N.Y.), November 5, 2009 Appeal from a judgment of the United States District Court for the Southern District of New York (Shira A. Scheindlin, Judge). The district court granted summary judgment against the appellant, General Star National Insurance Co., ruling that it was bound by the terms of an excess insurance policy it had issued to contribute to the satisfaction of a state-court judgment of liability in a personal injury action against two entities for whom the insured had been a contractor at the time of the inj... UNITED STATES of America, Appellee, v. Martin AGUILAR, also known as Sassy, Jeffrey Taylor, Quincy Martinez, Angel Navarro, also known as Prep, Anthony Perez, also known as Little Anthony, Edwin Aguilar, also known as Lucky, Armando Molina, Eric Ro, C.A.2 (N.Y.), November 5, 2009 Holding: The Court of Appeals, Reena Raggi, Circuit Judge, held that evidence was sufficient to establish substantive connection between murder and defendant's involvement in narcotics conspiracy. Affirmed. Appeal from a judgment of conviction entered after a jury trial in the United States District Court for the Eastern District of New York (Raymond J. Dearie, Chief Judge ). Defendant challenges the sufficiency of the evidence supporting his conviction under 21 U.S.C. § 848(e)(1)(A) for kil... D. Clark OGLE, Liquidating Trustee of the Agway Liquidating Trust, Appellant, v. FIDELITY & DEPOSIT COMPANY OF MARYLAND, Appellee. , C.A.2 (N.Y.), November 5, 2009 The United States District Court for the Northern District of New York (Sharpe, J.), affirming a judgment of the United States Bankruptcy Court for the Northern District of New York (Gerling, C .J.), ordered the Agway Liquidating Trust to pay post-petition attorneys' fees on a claim that stemmed from a pre-petition indemnity agreement. The liquidating trustee, D. Clark Ogle, appeals, arguing that the federal Bankruptcy Code ("Code") bars unsecured claims for post-petition attorneys' fees. In... SCHAGHTICOKE TRIBAL NATION, Petitioner-Appellant, v. Dirk KEMPTHORNE, Secretary, Department of the Interior, James E. Cason, Associate Deputy Secretary, Department of the Interior, U.S. Department of the Interior, Bureau of Indian Affairs, Office o, C.A.2 (Conn.), November 4, 2009 Andrew WALZER, Custodian Andrew Walzer, for Arielle Walzer, Plaintiff- Appellant, v. UAL CORPORATION, Glenn F. Tilton, Richard D. McCormick, Hazel R. O'Leary, John K. Van De Kamp, John H. Walker, Paul R. Whiteford Jr., Stephen R. Canale, W. Dougla, C.A.2 (N.Y.), November 4, 2009 Appeal from the United States District Court for the Southern District of New York (Colleen McMahon, Judge). Andrew Walzer, Blauvelt, NY, pro se, Appellant. Peter M. Stasiewicz, Kirkland & Ellis LLP, Chicago, IL (John F. Hagan, Jr., Kirkland & Ellis LLP, Chicago, IL, Carl D. LeSueur, Kirkland & Ellis LLP, New York, NY, on the brief), for Appellees. SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment entered on January 2, 2008, is AFFIRMED. ... Javed AKHTER, Petitioner, v. SECRETARY, DEPARTMENT OF HOMELAND SECURITY, et al., Respondents. , C.A.2, November 4, 2009 Muhammad Shabbir, Jamaica, NY, for Petitioner. Tony West, Assistant Attorney General, Cindy S. Ferrier, Senior Litigation Counsel, P. Michael Truman, 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 decision of the Board of Immigration Appeals ("BIA"), it is hereby ORDERED, ADJUDGED, AND DECREED, that the petition for review is DENIED. P... Abdul Karim WALI, Plaintiff-Appellant, v. CHELSEA PLASTICS, George Frechter, Owner, and Shirley Rose, Vice President, [FN*] Defendants-Appellees. FN* The Clerk of Court shall amend the official caption of this case to reflect the caption u, C.A.2 (N.Y.), November 4, 2009 Appeal from a judgment of the United States District Court for the Southern District of New York (Batts, J.). Abdul Karim Wali, Bronx, NY, pro se. Joshua A. Marcus; Franklin, Gringer & Cohen, P.C.; Garden City, NY, for Appellee. SUMMARY ORDER UPON DUE CONSIDERATION IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court be VACATED and the matter REMANDED. Appellant appeals from the district court's May 9, 2008 order dismissing his amended complaint of emplo... Paul-Rene ALBERTINI, Plaintiff-Appellant, v. WARNER MUSIC GROUP CORPORATION, Defendant-Appellee. , C.A.2 (N.Y.), November 4, 2009 Appeal from a judgment of the United States District Court for the Southern District of New York (Pauley, J). David Ronald Lagasse; Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P.C.; New York, N, for appellant. Andrew Garry Gordon; Paul, Weiss, Rifkind, Wharton & Garrison; 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. Plaintiff-Appellant Paul-Rene Albertini appeals from the... James MISSEL, Plaintiff-Appellant, v. COUNTY OF MONROE; Monroe County Sheriff's Department; Sheriff Patrick O'flynn, of the Monroe County Sheriff's Department, in his official capacity; Deputy Michael Hildreth, in his official and individual capaci, C.A.2 (N.Y.), November 4, 2009 Appeal from the United States District Court for the Western District of New York (Telesca, J.). Christina A. Agola, Law Offices of Christina A. Agola, Rochester, NY, for Plaintiff-Appellant. Howard A. Stark, County of Monroe Attorney's Office (Daniel M. De Laus, Jr., Monroe County Attorney; Sean T. Hanna, of counsel, on the brief), Rochester, NY, for Defendants-Appellees. SUMMARY ORDER UPON DUE CONSIDERATION, it is hereby ORDERED, ADJUDGED, AND DECREED that the judgment of the district ... LIANG YI CHENG, Petitioner, v. DEPARTMENT OF HOMELAND SECURITY, Eric H. Holder Jr., Attorney General, [FN*] Respondents. FN* Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Attorney General Eric H. Holder, Jr. is automatically subs, C.A.2, November 4, 2009 Albert S. Chow, Monterey Park, CA, for Petitioner. Michael F. Hertz, Acting Assistant Attorney General, David V. Bernal, Assistant Director, Colette J. Winston, 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 decision of the Board of Immigration Appeals ("BIA"), it is hereby ORDERED, ADJUDGED, AND DECREED, that the petition for review is D... RONG MEI ZHU, 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 , C.A.2, November 4, 2009 H. Raymond Fasano, Esq., New York, NY, for Petitioner. Gregory G. Katsas, Assistant Attorney General, Civil Division, Shelley R. Goad, Senior Litigation Counsel, Jennifer R. Khouri, Trial Attorney, U.S. Department of Justice, 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... LI HUA LIN, 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, November 4, 2009 Thomas V. Massucci, New York, NY, for Petitioner. Tony West, Assistant Attorney General, Civil Division; Greg D. Mack, 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. Li Hua Lin, a nat... Asta KAUZONAITE, Kestutis Papaurelis, Petitioners, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent. , C.A.2, November 4, 2009 Grant Kaplan, Boca Raton, FL, for Petitioners. Tony West, Assistant Attorney General; Richard M. Evans, Assistant Director; Virginia Lum, 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. Petitioners Asta Kauzonaite and Kestut... HUI FANG YOU, Ri Guan Zheng, Petitioners, v. Eric H. HOLDER, Jr., U.S. Attorney General, et al., Respondents. , C.A.2, November 4, 2009 Robert Duk-Hwan Kim, Yee Ling Poon, New York, NY, for Petitioners. Tony West, Assistant Attorney General, Carol Federighi, Senior Litigation Counsel, Brianne Whelan Cohen, 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 DECREED, that the petition for r... Lian Hua SUN, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent. , C.A.2, November 4, 2009 Nathan Weill, New york, NY, for Petitioner. Tony West, Assistant Attorney General; Luis E. Perez, Senior Litigation Counsel; Elizabeth D. Kurlan, 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. Lian Hua Sun, a native ... Thomas W. HEATH III, Petitioner, v. SECURITIES AND EXCHANGE COMMISSION, Respondent. , C.A.2, November 4, 2009 Petitioner Thomas W. Heath III appeals from the Opinion and Order of the Securities and Exchange Commission ("SEC"), affirming the New York Stock Exchange LLC's ("NYSE") finding that Petitioner violated NYSE Rule 476(a)(6) by disclosing a client's confidential information to a third party. Rule 476(a)(6)--the so-called "J & E Rule"--subjects registered members to disciplinary sanctions for engaging in "conduct or proceeding inconsistent with just and equitable principles of trade." The NYSE foun... SCHAGHTICOKE TRIBAL NATION, Petitioner-Appellant, v. Dirk KEMPTHORNE, Secretary, Department of the Interior, James E. Cason, Associate Deputy Secretary, Department of the Interior, U.S. Department of The Interior, Bureau of Indian Affairs, Office o, C.A.2 (Conn.), November 4, 2009 Appeal from a judgment of the United States District Court for the District of Connecticut (Peter C. Dorsey, Judge ). Petitioner-appellant Schaghticoke Tribal Nation brought a petition under the Administrative Procedure Act, 5 U.S.C. § 702, challenging the Department of the Interior's determination not to "acknowledg[e]" the "tribal existence" of the Schaghticoke Tribal Nation pursuant to 25 C.F.R. § 83.2. We affirm the District Court's grant of summary judgment to respondents-appellees and inte... LIBERTY MUTUAL INSURANCE COMPANY, Liberty Mutual Fire Insurance Company, Liberty Insurance Corporation, LM Insurance Company, Employers Insurance Company of Wausau, Wausau Business Insurance Company, Wausau General Insurance Company, Wausau Underwrit, C.A.2 (N.Y.), November 4, 2009 Appeal from a judgment entered in the United States District Court for the Southern District of New York (Chin, J.) in favor of defendants-appellees Commissioners of the Workers' Compensation Board of the State of New York and Trustees of the New York State Insurance Fund, in an action brought by plaintiffs-appellants, Liberty Mutual Insurance Company and affiliate companies, challenging two amendments enacted in 2007 to the New York Workers' Compensation Law as violative of the Contracts, Takin... NORTHWESTERN MUTUAL LIFE INSURANCE CO., Plaintiff-Counter-Defendant Appellee, v. Patrick GIL, Admin Est of Andrew M. Kissel & Hayley W. Kissel a/k/a Hayley B. Wolff, Defendant-Appellant Hayley Kissel, Defendant-Counter-Claimant-Appellant. , C.A.2 (Conn.), November 3, 2009 Appeal from a judgment of the United States District Court for the District of Connecticut (Bryant, J.). Gary S. Klein (Brian A. Daley on the brief), Sandak Hennessey & Greco LLP, Stamford, CT; Jeremy Dworkin, Jeremy Dworkin Law Office, South Londonderry, VT, for Appellant. Patrick R. Gil, pro se, Orlovitz & Gil, Greenwich, CT. Michael A. Valerio (Jeffrey L. Williams, John C. Pitblado on the brief), Jorden Burt LLP, Simsbury, CT, for Appellees. SUMMARY ORDER UPON DUE CONSIDERATION, IT... HANG CHEN, a.k.a. Tzu Lung Chang, Petitioner, v. U.S. ATTORNEY GENERAL, Respondent. , C.A.2, November 3, 2009 Lawrence Spivak (Liu Yu, Law Offices of Yu & Associates, PLLC, on the brief), New York, NY, for Petitioner. Katharine E. Clark, Attorney, Office of Immigration Litigation (Gregory G. Katsas, Acting Assistant Attorney General, Civil Division, Jennifer Paisner, Senior Litigation Counsel, Office of Immigration Litigation, on the brief), United States Department of Justice, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that t... Mohammad HUSSAIN, 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, November 3, 2009 Usman B. Ahmad, Long Island City, NY, for Petitioner. Tony West, Assistant Attorney General, Civil Division; David V. Bernal, Assistant Director; Ali Manuchehry, 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 Board of Immigration Appeals ("BIA") decision, it is hereby ORDERED, ADJUDGED, AND DECREED that the petition for review is DIS... Scott L. FENSTERMAKER, individually and as next friend for, Ahmed Khalfan Ghailani, Khalid Shaykh Muhammad, Zubair, 'Ali 'Abd Al-'Aziz 'Ali, 'Abd Al- Rahim Al-Nashiri, Walid Bin 'Attash, Gouled Hassan Dourad, John Doe # 1, collectively "Johns Doe," , C.A.2 (N.Y.), November 3, 2009 Appeal from the United States District Court for the Southern District of New York (Richard M. Berman, Judge). Scott L. Fenstermaker, New York, NY, pro se. Ross E. Morrison, Assistant United States Attorney (Sarah S. Normand, Assistant United States Attorney, on the brief), for Lev L. Dassin, Acting 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 ent... UNITED STATES of America, Appellee, v. Eduardo RAMEREZ, Defendant-Appellant, Luis Alberto Quichiz, Edwin Obregon-Torres, Jhon Riascos, Ivan Riascos, Moises Augusto Quinones, Defendants. , C.A.2 (N.Y.), November 3, 2009 Appeal from the United States District Court for the Southern District of New York (Sidney H. Stein, Judge). Jonathan Marks, New York, NY, for Appellant. Janis M. Echenberg, Assistant United States Attorney (Katherine Polk Failla, Assistant United States Attorney, on the brief), for Lev L. Dassin, Acting 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 judgm... UNITED STATES of America, Appellee, v. Wendy BROWN, Joy Brown, Tarelle Jones, Curlene Reid, Timothy Jones, Gary Davis, Keisha Anderson, Taniesha Moore, Raymond Wainwright, Vere Joseph, Defendants Paul Creary, Defendant-Appellant. , C.A.2 (N.Y.), November 3, 2009 Appeal from a judgment of the United States District Court for the Southern District of New York (Duffy, J.). Thomas F.X. Dunn, New York, NY, for Appellant. Christopher LaVigne (Michael A. Levy, Lev L. Dassin on the brief), 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 district court be AFFIRMED. Paul Creary appeals from a judgment of convi... Charles D. GIANETTI, MD, Plaintiff-Appellant, v. BLUE CROSS & BLUE SHIELD OF CT., INC., et al., Defendants-Appellees. , C.A.2 (Conn.), November 3, 2009 Appeal from a judgment of the United States District Court for the District of Connecticut (Dorsey, J.). Charles D. Gianetti, Bridgeport, CT, pro se. Michael G. Durham, Matthew H. Geelan, Donahue, Durham & Noonan, P .C., Guilford, 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 Charles D. Gianetti, pro se, appeals the district court's dismissal of his complaint under Fed.R.C... Michael BENDIK, v. HARTFORD LIFE INSURANCE COMPANY, Defendant-Appellee, Credit Suisse First Boston (USA), Inc., Defendant. , C.A.2 (N.Y.), November 3, 2009 Scott M. Riemer (Joseph Anci, Christopher E. Chang, on the brief), Riemer & Associates, LLC, New York, NY, for Plaintiff-Appellant. Byrne J. Decker, Pierce Atwood LLP, Portland, ME; Michael J. Levin, Barger & Wolen LLP, New York, NY, for Defendant-Appellee. SUMMARY ORDER UPON DUE CONSIDERATION, it is hereby ORDERED, ADJUDGED, AND DECREED that the opinion and judgment of the district court is VACATED and the case is REMANDED. Plaintiff-Appellant Michael Bendik appeals from an order of the... Roger R. CRANE, Jr., Plaintiff-Counter-Defendant-Appellant, v. POETIC PRODUCTS LIMITED, Defendant-Counter-Claimant-Appellee. , C.A.2 (N.Y.), November 3, 2009 Appeal from the United States District Court for the Southern District of New York (Barbara S. Jones, Judge). Frank H. Penski (Tamar Y. Duvdevani, on the brief), Nixon Peabody LLP, New York, NY, for Appellant. Edward A. Keane, Mahoney & Keane, LLP, New York, NY, for Appellee. SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment entered on January 14, 2009, is AFFIRMED. Plaintiff Roger R. Crane, Jr., appeals from the dismissal of an action... XIA LIN-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 , C.A.2, November 3, 2009 Gary J. Yerman, New York, NY, for Petitioner. Michael F. Hertz, Acting Assistant Attorney General, Linda S. Wernery, Assistant Director, Elizabeth Young, 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 DEN... Argentina Vargas DE LEON ORTIZ, Petitioner, v. Eric H. HOLDER, Jr., [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, November 3, 2009 Michael E. Marszalkowski, Damon & Morey LLP, Buffalo, N.Y., for Petitioner. Gail Y. Mitchell, Assistant United States Attorney, for Kathleen M. Mehltretter, Acting United States Attorney, Buffalo, N.Y., 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, the BIA's order is VACATED, and the case is REMANDED to the BIA for further ... Michael J. WANG, M.D., Plaintiff-Appellant, v. Toni E. LOGUE, Attorney, Defendant-Appellee. , C.A.2 (N.Y.), November 2, 2009 Appeal from a judgment of the United States District Court for the Eastern District of New York (Seybert, J.). Michael J. Wang, Setauket, NY, pro se. Andrew Cuomo, Attorney General of the State of New York; Ann P. Zybert, Assistant Solicitor General, 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 Michael J. Wang, pro se, appeals from the district court's sua sponte... Mark R. FERRAN and Nadia Ferran, Plaintiffs-Appellants, v. OFFICE OF the DISTRICT ATTORNEY OF the COUNTY OF RENSSELAER, et al ., Defendants-Appellees. , C.A.2 (N.Y.), November 2, 2009 Appeal from a judgment of the United States District Court for the Northern District of New York (Hurd, J.). Mark R. Ferran and Nadia Ferran, Albany, NY, pro se. Thomas J. O'Connor, Napierski, Vandenburgh & Napierski LLP, Albany, New York, for Appellees Office of the District Attorney of the County of Rensselaer, Kenneth R. Bruno, County of Rensselaer, and Patricia DeAngelis. Andrew M. Cuomo, Attorney General of the State of New York, for Appellee James Canfield. SUMMARY ORDER UPON DU... Gloria Deanna DICKERSON, Plaintiff-Appellant, v. UNITED WAY OF NEW YORK CITY, Defendant-Appellee. , C.A.2 (N.Y.), November 2, 2009 Gloria Deanna Dickerson, pro se, New York, NY, for Appellant. Katharine H. Parker, Proskauer Rose LLP, New York, NY, for Appellee. SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court (Gerard E. Lynch, Judge ), entered on April 16, 2008, is AFFIRMED. Gloria Deanna Dickerson appeals the dismissal of her complaint pursuant to Fed.R.Civ.P. 12(b)(6). She alleged that the United Way of New York, her estranged husband's form... Wilda RIOS, Plaintiff-Appellant, v. DEPARTMENT OF EDUCATION, Defendant-Appellee. , C.A.2 (N.Y.), November 2, 2009 Wilda Rios, pro se, Brooklyn, NY. Michael A. Cardozo, Corporation Counsel of the City of New York (Assistant Corporation Counsel Stephen J. McGrath and Ellen Ravitch), New York, NY, for Defendant-Appellee. SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED. Plaintiff-Appellant Wilda Rios, pro se, appeals from the judgment of the United States District Court for the Eastern District of New York (Ross, J.), gra... UNITED STATES of America, Appellee, v. Michael J. VONDETTE, Defendant-Appellant. , C.A.2 (N.Y.), November 2, 2009 Stephanie M. Carvlin, New York, N.Y., for Defendant-Appellant. Burton T. Ryan (Susan Corkery, on the brief), for Benton J. Campbell, United States Attorney for the Eastern District of New York, Brooklyn, N.Y., for Appellee. SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the order of the district court be AFFIRMED. Defendant-Appellant Michael J. Vondette was convicted after a jury trial in the United States District Court for the Eastern District of Ne... Maher ARAR, Plaintiff-Appellant, v. John ASHCROFT, Attorney General of the United States, Larry D. Thompson, formerly Acting Deputy Attorney General, Tom Ridge, Secretary of Homeland Security, J. Scott Blackman, formerly Regional Director of the Re, , November 2, 2009 Holdings: Following grant of rehearing en banc, the Court of Appeals, Dennis Jacobs, Chief Judge, held that: (1) alien failed to state a claim against the officials for a violation of the TVPA; (2) alien's allegations regarding the conditions of his confinement in the United States prior to his removal to Syria and regarding the denial of his right of access to the courts were insufficient to state claim against officials for violation of his substantive due process rights under the Fif... Eleanor CAPOGROSSO, Plaintiff-Appellant, v. NEW YORK STATE COMMISSION ON JUDICIAL CONDUCT, State of New York, Office of Court Administration, Hon. Fern Fisher Brandveen, in her Official and Individual Capacities, Hon. Eileen Bransten, in her Offici, C.A.2 (N.Y.), October 30, 2009 Paul E. Kerson, Leavitt, Kerson & Duane, New York, N.Y., for Plaintiff- Appellant. Patrick J. Walsh, Assistant Solicitor General (Michael S. Belohlavek, Senior Counsel, on the brief), for Barbara D. Underwood, Solicitor General, Andrew M. Cuomo, Attorney General of the State of New York, New York, N.Y., for Defendants-Appellees. SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the opinion and order of the district court be AFFIRMED. Plaintiff-Appellant ... Jacqueline Del Carmen FERNANDEZ, also known as Jackeline Fernandez, 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., C.A.2, October 30, 2009 Andrew L. Friedman, New York, N. Y., for Petitioner. Terri Leon-Benner, for Tony West, Assistant Attorney General, Civil Division, Barry J. Pettinato, Assistant Director, Office of Immigration Litigation, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the petition be DENIED. Petitioner Jacqueline Del Carmen Fernandez, a national of the Domin... Miaohui WANG, 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 At, C.A.2, October 30, 2009 Dehai Zhang, Flushing, NY, for Petitioner. Tony West, Assistant Attorney General; John C. Cunningham, Senior Litigation Counsel; Ari Nazarov, 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. Miaohui Wang, a native and cit... Sale DJOUMASSI, 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, October 30, 2009 Genet Getachew, Brooklyn, NY, for Petitioner. Gregory G. Katsas, Assistant Attorney General, Civil Division, Leslie McKay, Assistant Director, Gregory M. Kelch, 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 decision of the Board of Immigration Appeals, it is hereby ORDERED, ADJUDGED, AND DECREED that the petition for review is DENIED in part and GRANTED ... William WEIR, Plaintiff-Appellant, v. GUARDIAN LIFE INSURANCE COMPANY OF AMERICA, Defendant-Appellee. , C.A.2 (N.Y.), October 30, 2009 Richard T. Sullivan, Harris Beach PLLC, Buffalo, NY, for Plaintiff- Appellant. Edward Cerasia II, Christie Del Rey-Cone, Morgan, Lewis & Bockius LLP, New York, NY, for Defendant-Appellee. SUMMARY ORDER UPON DUE CONSIDERATION, it is hereby ORDERED, ADJUDGED, and DECREED that the judgment of the district court be AFFIRMED. Plaintiff-Appellant William Weir appeals from a March 30, 2009 order of the United States District Court for the Western District of New York (Curtin, J.), granting the ... Rev. John Paul HANKINS, Plaintiff-Appellant, v. The NEW YORK ANNUAL CONFERENCE OF the UNITED METHODIST CHURCH, The Stony Brook Community Church (United Methodist), and Bishop Ernest S. Lyght, Defendants- Appellees. , C.A.2 (N.Y.), October 30, 2009 Timothy B. Glynn, Glynn Mercep and Purcell, LLP, Stony Brook, N.Y ., for Plaintiff-Appellant. Kevin T. Baine, Williams & Connolly LLP, Washington, D.C. (Christopher R. Hart, Williams & Connolly LLP, Washington, D.C., and Frederick K. Brewington, Hempstead, N.Y., on the brief), for Defendants-Appellees. Steven W. Fitschen, The National Legal Foundation, Virginia Beach, VA, for Movant. AMENDED SUMMARY ORDER UPON DUE CONSIDERATION, it is hereby ORDERED, ADJUDGED, AND DECREED that the judgme... UNITED STATES of America, Appellee, v. Michael HANAKIS, Defendant-Appellant. , C.A.2 (N.Y.), October 30, 2009 Chad Seigel, Tacopina & Seigel, P.C., New York, N.Y., for Defendant- Appellant. Andrew E. Goldsmith (Jo Ann M. Navickas, on the brief), for Benton J. Campbell, United States Attorney for the Eastern District of New York, Brooklyn, N.Y., for Appellee. SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the order of the district court be AFFIRMED. Defendant-Appellant Michael Hanakis was convicted after a jury trial in the United States District Court for the... Galleh JALLOH, 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 , C.A.2, October 30, 2009 Matthew J. Harris, Brooklyn, NY, for Petitioner. Jeffery S. Bucholtz, Acting Assistant Attorney General, Civil Division; Cindy S. Ferrier, Senior Litigation Counsel; Nairi M. Simonian, 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 fo... Ming ZHANG, Ja Yun Zhang, Petitioners, v. Eric H. HOLDER, Jr., Attorney General of the United States, Respondent. [FN*]FN* Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Attorney General Eric H. Holder, Jr. is automatically substituted, C.A.2, October 30, 2009 Petitioners appeal an agency decision denying them asylum, withholding of removal, and relief under the Convention Against Torture. We conclude, in a case of first impression in our Circuit, (1) that an agency may consider the record of a "credible fear" interview when evaluating an alien's credibility and (2) that substantial evidence supports the agency's determination that petitioner Ming Zhang did not testify credibly about the basis for her application for relief. The petition for review is... Timothy D. WATSON, Petitioner-Appellee, v. Pete GEREN, Secretary of the Army, Respondent-Appellant. , C.A.2, October 30, 2009 Following disposition of this appeal on June 25, 2009, an active judge of the Court requested a poll on whether to rehear the case in banc. A poll having been conducted and there being no majority favoring in banc review, rehearing in banc is hereby DENIED. With this Order is filed a per curiam opinion concurring in the denial of rehearing in banc, and Judge Raggi files an opinion dissenting from the denial of rehearing in banc in which Chief Judge Jacobs and Judges Cabranes and Livingston jo... Timothy KEENE, individually, and as next friend to K.K., a minor by next friend K.K., Plaintiff-Appellee, v. Daniel SCHNEIDER, Jared Hatch, Defendants-Appellants. , C.A.2 (Vt.), October 29, 2009 Appeal from the United States District Court for the District of Vermont (Sessions III, J.). Maggie Vincent, Rubin, Kidney, Myer & DeWolfe, Barre, VT, for Plaintiff- Appellee. Assistant Attorney General David Cassetty, for William H. Sorrell, Attorney General, State of Vermont Montpelier, VT, for Defendants-Appellants. SUMMARY ORDER UPON DUE CONSIDERATION, it is hereby ORDERED, ADJUDGED, AND DECREED that the judgment of said District Court be and hereby is REVERSED: Appellants Daniel... Paulina DeMARCO, Plaintiff-Appellant, v. WEST HILLS MONTESSORI, Gersh Management Services, Inc., Gersh Academy, Kevin Gersh, in his individual and official capacities, Defendants-Appellees. , C.A.2 (N.Y.), October 29, 2009 Appeal from the United States District Court for the Eastern District of New York (Gleeson, J.). Kenneth P. Thompson, Thompson, Wigdor & Gilly LLP, New York, NY, for Plaintiff-Appellant. Eden M. Mauro (Leonard N. Flamm, on the brief), The Mauro Law Firm, Syosset, 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 Paulina DeMarco ("DeMarco") appeals f... Kenneth KAMHOLTZ, Plaintiff-Appellant, v. YATES COUNTY, Yates County Sheriff's Department, Ronald G. Spike, Sheriff, in His Official and Individual Capacity, Investigator Christensen, in His Official and Individual Capacity, Defendants-Appellees. , C.A.2 (N.Y.), October 29, 2009 Appeal from the United States District Court for the Western District of New York (Judge Michael A. Telesca). Christina A. Agola, Rochester, N.Y., for Appellant. Matthew C. VanVessem, Jaeckle Fleischmann & Mugel, LLP, Buffalo, N.Y., for Appellees Yates County, Yates County Sheriff's Department and Ronald G. Spike, Sheriff, in His Official and Individual Capacity. Michael F. Perley, Hurwitz & Fine, P.C., Buffalo, N.Y., for Appellee Investigator Christensen, in His Official and Individual... Hillaire WOODARD, Plaintiff-Appellant, v. NEW YORK HEALTH AND HOSPITALS CORPORATION, Defendant-Appellee. , C.A.2 (N.Y.), October 29, 2009 Appeal from a judgment of the United States District Court for the Eastern District of New York (Trager, J.). Hillaire Woodard, pro se, Clarksburg, MD, for Appellant. Assistant Corporation Counsel Janet L. Zaleon for Michael A. Cardozo, Corporation Counsel, The City of New York Law Department, 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 in part and REMANDED in part. App... Ganiyu A. JAIYEOLA, Plaintiff-Appellant, v. CARRIER CORPORATION, Defendant-Appellee, M.D. Sandra J. Downey, Mark B. Hoekstra, Defendants. , C.A.2 (N.Y.), October 29, 2009 Ganiyu A. Jaiyeola, pro se, Caledonia, MI, for Plaintiff-Appellant. Louis P. DiLorenzo, Bond, Schoeneck & King, PLLC, Syracuse, NY, for Defendant-Appellee. SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED. Plaintiff-Appellant Ganiyu A. Jaiyeola, pro se, appeals from a judgment of the United States District Court for the Northern District of New York (Kahn, J.), granting summary judgment in favor of Defen... UNITED STATES of America, Appellee, v. Charles GIVENS, Defendant-Appellant. , C.A.2 (N.Y.), October 29, 2009 Charles Givens, Fort Dix, NJ, pro se. Kathleen M. Mehltretter, Acting United States Attorney, Joseph J. Karaszewski, Chief, Appeals Division, Monica J. Richards, Assistant United States Attorney, Western District of New York, Buffalo, NY, for Appellees. SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the order of the district court is AFFIRMED. Defendant-Appellant Charles Givens, pro se, appeals from the order of the United States District Court for th... XUE QIN ZHU, aka Chin Chih Tsai, Chang Chun Zheng, Petitioners, v. Eric H. HOLDER, Jr., [FN*] United States Attorney General, United States Department of Justice, Respondents. FN* Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Att, C.A.2, October 29, 2009 Richard Tarzia, Belle Mead, NJ, for Petitioners. Jeffrey S. Bucholtz, Acting Assistant Attorney General; Susan K. Houser, Senior Litigation Counsel; Monica G. Antoun, 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. Xue ... XIONG LIU, Fui Shee Lee, Petitioners, v. UNITED STATES DEPARTMENT OF JUSTICE, Eric H. Holder, Jr., [FN*] United States Attorney General, Respondents. FN* Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Attorney General Eric H. Hold, C.A.2, October 29, 2009 Bruno Joseph Bembi, Hempstead, NY, for Petitioners. Jeffrey Bucholtz, Acting Assistant Attorney General; Jennifer L. Lightbody, Senior Litigation Counsel; Julie S. Pfluger, 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... DE MING CHI, Petitioner, v. Eric H. HOLDER Jr., [FN1] 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 General M, C.A.2, October 29, 2009 Peter D. Lobel, New York, NY, for Petitioner. Tony West, Assistant Attorney General, Michelle G. Latour, Assistant Director, Kimberly A. Burdge, 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 D... YONG LIN, 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 Atto, C.A.2, October 29, 2009 Yee Ling Poon and Robert Duk-Hwan Kim, New York, NY, for Petitioner. Michael F. Hertz, Assistant Attorney General, Civil Division; David V. Bernal, Assistant Director, Office of Immigration Litigation; 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, ... DE LIN ZHENG, also known as Delin Zheng, also known as, De Fei Zheng, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent. , C.A.2, October 29, 2009 Gary J. Yerman, New York, NY, for Petitioner. Tony West, Assistant Attorney General, Civil Division; Emily Anne Radford, Assistant Director; Margaret A. O'Donnell, 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 DENIED. Petitio... Pedro Rafael MONTESQUIEU, Petitioner, v. Eric H. HOLDER, Jr., [FN*] United States Attorney General, et al., Respondents. FN* Pursuant to Federal Rule of Appellate Procedure 43(c)(2), United States Attorney General Eric H. Holder, Jr., is sub, C.A.2, October 29, 2009 Pedro Rafael Montesquieu, Woodside, NY, pro se. Michael F. Hertz, Acting Assistant Attorney General; John S. Hogan, Senior Litigation Counsel; Achiezer Guggenheim, 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 petition for review is DENIED. Petiti... YI XIAN LIU, 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, October 29, 2009 Bruno Joseph Bembi, Hempstead, NY, for Petitioner. Jeffrey S. Bucholtz, Acting Assistant Attorney General; Stephen J. Flynn, Senior Litigation Counsel; Jeffrey R. Meyer, 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. Petition... YINPING JIANG, Qi Chao Jiang, 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 substitu, C.A.2, October 29, 2009 Jim Li, New York, NY, for Petitioners. Gregory G. Katsas, Assistant Attorney General; William C. Peachey, Senior Litigation Counsel; Alison Marie Igoe, Senior Litigation Counsel, 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, ADJUDGED, AND DECREED, that the petitions for review are DENIED. Pe... YING 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 Attor, C.A.2, October 29, 2009 Gang Zhou, New York, NY, for Petitioner. Jeffrey S. Bucholtz, Acting Assistant Attorney General; Greg D. Mack, Senior Litigation Counsel; 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 DISMISSED in part and ... HUI QING HE, Xu Yu Dong, Petitioners, 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 f, C.A.2, October 29, 2009 Douglas G. Ingraham, Alhambra, CA, for Petitioners. Jeffrey S. Bucholtz, Acting Assistant Attorney General; Carl H. McIntyre, Jr., Assistant Director; John J.W. Inkeles, Trial Attorney, Office of Immigration Litigation, United States Department of Justice, Newark, NJ, 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 Qing... SHENG JIE DONG, 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 Attorne, C.A.2, October 29, 2009 Gary J. Yerman, Esq., New York, NY, for Petitioner. Jeffrey S. Bucholtz, Acting Assistant Attorney General, Civil Division; Barry J. Pettinato, Assistant Director; Carmel A. Morgan, 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... Asif HAMID, et al., Petitioners, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent. , C.A.2, October 29, 2009 Thomas V. Massucci, New York, NY, for Petitioners. Michael F. Hertz, Assistant Attorney General; Ernesto H. Molina, Jr., Assistant Director; Vanessa O. Lefort, 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. Asif Hamid, a n... XIU MIN CHEN, 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 A, C.A.2, October 29, 2009 Xiu Min Chen, pro se, New York, NY, for Petitioner. Gregory G. Katsas, Assistant Attorney General, Civil Division; Francis W. Fraser, Senior Litigation Counsel; Steven F. Day, 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 DECREED that the petition fo... AI FENG CHEN, also known as Yi Chen Lin, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent. , C.A.2, October 29, 2009 Lee Ratner, New York, NY, for Petitioner. Tony West, Assistant Attorney General, Barry J. Pettinato, Assistant Director, Carmel A. Morgan, Trial Attorney, U.S. 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 DENIED. Petitioner Ai Fe... DINGLIAN ZOU, Petitioner, v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY, Board of Immigration Appeals, Eric H. Holder, Jr., [FN*] United States Attorney General, Respondents. FN* Pursuant to Federal Rule of Appellate Procedure 43(c)(2), A, C.A.2, October 29, 2009 Jason A. Nielson, Law Offices of Joe Zhenghong Zhou and Associates, PLLC, Flushing, NY, for Petitioner. Gregory G. Katsas, Acting Assistant Attorney General; Anthony C. Payne, Senior Litigation Counsel; Liza S. Murcia, 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... UNITED STATES of America, Appellee, v. John BYORS, Defendant-Appellant. , C.A.2 (Vt.), October 29, 2009 Defendant-appellant John Byors appeals from a judgment of the United States District Court for the District of Vermont (William K. Sessions, III, Chief Judge ) sentencing him principally to 135 months' incarceration following his guilty plea to sixteen counts of mail fraud, wire fraud, travel fraud, bank fraud, and money laundering. On appeal, defendant argues that the District Court erred procedurally by miscalculating his sentencing range under the United States Sentencing Guidelines. Specific... Bi Feng XIE, Petitioner, v. Eric H. HOLDER, Jr., Attorney General of the United States, Respondent. , C.A.2, October 28, 2009 Gary J. Yerman, New York, NY, for Petitioner. Anthony West, Assistant Attorney General, Civil Division; James A. Hunholt, Senior Litigation Counsel; Nehal H. Kamani, 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 DENIED. Petit... UNITED STATES of America, Appellee, v. Bernard B. KERIK, Defendant-Appellant. , C.A.2 (N.Y.), October 28, 2009 Elliot Jacobson, Esq., U.S. Attorney's Office, SDNY, White Plains, NY, for Appellee. Barry Herman Berke, Esq., Kramer, Levin, Naftalis & Frankel, LLP, New York, NY, for Defendant-Appellant. Appellant Bernard B. Kerik moves for relief from the revocation of bail pending trial and for an order of release. Upon due consideration following oral argument, it is hereby ORDERED that the motion is DENIED for the reasons stated in open court. To the extent the parties have moved to seal material su... Patrick J. BERKERY and John T. O'Reilly, Plaintiffs-Appellants, v. ARCHDIOCESE OF HARTFORD, Michael J. Kasinskas, Matthew Byrne, and Michael St. Denis, Defendants-Appellees. , C.A.2 (Conn.), October 28, 2009 Appeal from the United States District Court for the District of Connecticut (Covello, J.). Kenneth R. Davis, Stamford, CT, for Appellant Patrick J. Berkery. John T. O'Reilly, Guilford, CT, pro se. Jeffrey C. Pingpank, Cooney, Scully & Dowling, Hartford, CT, for Appellees Archdiocese of Hartford, Matthew Byrne, and Michael St. Denis. Beverly Stauffer Knapp, Cramer, Alissi & Fontaine PC, Hartford, CT, for Appellee Michael J. Kasinskas. SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HE... Olive J. GORDON, Plaintiff-Appellant, v. HEALTH & HOSPITALS CORPORATION and Kings County Hospital, Defendants-Appellees, American Federation State County Municipal, Defendant. , C.A.2 (N.Y.), October 28, 2009 Appeal from the United States District Court for the Eastern District of New York (Dearie, C.J.). Olive J. Gordon, Brooklyn, NY, pro se. Cheryl Payer, Stephen J. McGrath, of counsel, for Michael A. Cardozo, Corporation Counsel of the City of New York, New York, NY,. for Defendants- 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. Appellant Olive J. Gordon appeals from the ju... UNITED STATES of America, Appellee, v. Carlo Elisca CEROME, Defendant, Charles Hilaire, Defendant-Appellant. , C.A.2 (N.Y.), October 28, 2009 Appeal from the United States District Court for the Eastern District of New York (Korman, J.). Scott B. Klugman (Susan Corkery, on the brief), for Benton J. Campbell, U.S. Attorney for the Eastern District of New York, Brooklyn, NY, for Appellee. Jane S. Meyers, Brooklyn, NY, for Appellant. 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 AFFIRMED. Defendant Cha... Rose DESIA, Trustee Barbara Bess Trust, f/b/o Julius Solomon, Plaintiff- Appellant, v. GE LIFE & ANNUITY ASSURANCE CO., Defendant-Third-PartyPlaintiff-Appellee, A.G. Edwards & Sons, Inc., Defendant-Third-Party-Defendant, Betsy L. Palozzi, Cross-, C.A.2 (Conn.), October 28, 2009 Appeal from the United States District Court for the District of Connecticut (Mark R. Kravitz, Judge). Constantino Fragale, Eastchester, NY, for Appellant. Andrew W. Sidman (David G. Smitham, on the brief), Bressler, Amery & Ross P.C., New York, NY, for Appellee. SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment entered on October 27, 2008, is AFFIRMED. Plaintiff Rose Desia, trustee of the Barbara Bess Trust f/b/o Julius Solomon (the "S... UNITED STATES of America, Appellee, v. Alonzo T. GREGORY, Defendant-Appellant. , C.A.2 (Conn.), October 28, 2009 Peter S. Jongbloed, William J. Nardini, Assistant United States Attorneys, District of Connecticut, for Appellee. Richard S. Cramer, Hartford, CT, for Appellant. SUMMARY ORDER UPON DUE CONSIDERATION IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court be AFFIRMED. Alonzo T. Gregory appeals from a December 22, 2008 order of the United States District Court for the District of Connecticut (Burns, J.), which denied Gregory's July 8, 2008 motion in which he moved ... SMARTIX INTERNATIONAL CORPORATION, Plaintiff-Appellant, v. MASTERCARD INTERNATIONAL LLC, Eric Petrosinelli, an individual, and Mastercard International Incorporated, Defendants-Appellees, MBNA Corporation and Mbna America Bank, N.A., Defendants. , C.A.2 (N.Y.), October 28, 2009 Appeal from a judgment of the United States District Court for the Southern District of New York (George B. Daniels, Judge). Neal Brickman, New York, NY. for Appellant. Adam C. Silverstein, (Allyson R. Albert, on the brief), Golenbock Eiseman Assor Bell & Peskoe LLP, New York, NY, or MasterCard International LLC and MasterCard International Incorporated, David P. Friedman, Murtha Cullina, LLP, Stamford, CT(Marie A. Casper, Zeldes, Needle & Cooper, P.C., Bridgeport, CT, on the brief) for Er... No Given Name MEGAWATI, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent. , C.A.2, October 28, 2009 Theordore N. Cox, New York, NY, for Petitioner. Tony West, Assistant Attorney General; Linda S. Wernery, Assistant Director; Gerald M. Alexander, 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. No Given Name Megawati,... Bonnie VENT, doing business as Genesis Creations, Plaintiff-Appellant, v. MARS SNACKFOOD US, LLC, Mars Incorporated, Defendants-Appellees. , C.A.2 (N.Y.), October 28, 2009 Appeal from the United States District Court for the Southern District of New York (Robinson, J.). Kevin T. Mulhearn, P.C. Orangeburg, NY, for Plaintiff-Appellant. Kenneth J. Brown (R. Hackney Wiegmann, on the brief) Williams & Connolly LLP Washington, DC, for Defendants-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: Bonnie Vent ("Vent") appeals from a final judgment by th... UNITED STATES of America, Appellee, v. HUI CHEN, Defendant-Appellant. , C.A.2 (N.Y.), October 27, 2009 Appeal from the United States District Court for the Southern District of New York (Denny Chin, Judge). Bruce R. Bryan, Syracuse, NY, for Appellant. Andrew L. Fish, Assistant United States Attorney, of counsel to Preet Bharara, United States Attorney for the Southern District of New York, New York, N.Y. (Jonathan B. New, David B. Massey, on the brief), for Appellee. SUMMARY ORDER ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of said District Cour... Saidu JALLOH, 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, October 27, 2009 Brian I. Kaplan, Goldberg & Kaplan, New York, NY, for Petitioner. Michael F. Hertz, Acting Assistant Attorney General, Civil Division; Shelley R. Goad, Senior Litigation Counsel; Kristen G. Chapman, 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 t... Dr. Al-Hajj Idris A. MUHAMMAD, Siraj Ibn Wahhaj, Plaintiffs-Appellants, v. Jayson P. AHERN, Acting Commissioner, U.S. Customs and Border Protection, et al. [FN*], Defendants-Appellees. FN* Jayson P. Ahearn, is automatically substituted as th, C.A.2 (N.Y.), October 27, 2009 Appeal from a judgment of the United States District Court for the Eastern District of New York (Dearie, C.J.). Dr. Al-Hajj Idris A. Muhammad, pro se, New York, NY. Siraj Ibn Wahhaj, pro se, Brooklyn, NY. Benton J. Campbell, United States Attorney, Eastern District of New York; Varuni Nelson and John Vagelatos, Assistant United States Attorneys, Of Counsel, Brooklyn, NY, for Appellees. SUMMARY ORDER UPON DUE CONSIDERATION IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment ... Marie G. CHERY, Plaintiff-Appellant, v. CITY UNIVERSITY OF NEW YORK, et al., Defendant-Appellee. , C.A.2 (N.Y.), October 27, 2009 Marie G. Chery, pro se. Dona B. Morris, Assistant Corporation Counsel, New York City Law Department, New York, N.Y. (Michael A. Cardozo, Corporation Counsel for the City of New York, on the brief), for Appellees. SUMMARY ORDER UPON DUE CONSIDERATION, it is hereby ORDERED, ADJUDGED AND DECREED that the judgment of the district court is AFFIRMED. Appellant Marie G. Chery, pro se, appeals from the judgment of the United States District Court for the Eastern District of New York (Dearie, C.J.),... Richard E. STONE, Plaintiff-Appellant, v. UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Defendant, Manhattan and Bronx Surface Transit Operating Authority, Defendant, NYC Transit, Defendant-Appellee. [FN*]FN* The Clerk of the Court is di, C.A.2 (N.Y.), October 27, 2009 Appeal from the United States District Court for the Eastern District of New York (Gershon, J.). Richard E. Stone, New York, NY, pro se. Baimusa Kamara, New York City Transit Authority, Brooklyn, 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 Eastern District of New York be AFFIRMED. Plaintiff Richard E. Stone appeals from the district court's March 26, 2008 Opinion and Orde... YOON KYUNG KIM, Plaintiff-Appellant, v. NORTHWEST AIRLINES, INC., Defendant-Appellee. , C.A.2 (N.Y.), October 27, 2009 Appeal from a judgment of the United States District Court for the Eastern District of New York (Garaufis, J.). Yoon Kyung Kim, pro se, Seoul, South Korea, for Appellant. John M. Downing, Jr., Downing & Peck, 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 be AFFIRMED. Appellant Yoon Kyung Kim, pro se, appeals the district court's grant of Northwest Airlines's Fed.R.Civ.P. 12(c) mot... UNITED STATES of America, Appellee, v. Stanley NWACHUKWU, Defendant, Michael Ikelionwu, Defendant-Appellee. , C.A.2 (N.Y.), October 27, 2009 Appeal from the United States District Court for the Eastern District of New York (Nickerson, J.). Frank H. Langrock, Esq., Langrock Sperry & Wool, LLP, Middlebury, VT. (Peter F. Langrock, on the brief), for Appellee. Jo Ann Navickas, Assistant U.S. Attorney for the Eastern District of New York, Brooklyn, N.Y. (Benton J. Campbell, U.S. Attorney for the Eastern District of New York, David C. Jones, Assistant U.S. Attorney, on the brief), for Appellant. SUMMARY ORDER ON CONSIDERATION WHER... ISC HOLDING AG, Petitioner-Appellant, v. NOBEL BIOCARE INVESTMENTS N.V., Respondent-Appellee. , C.A.2 (N.Y.), October 27, 2009 Appeal from a judgment of the United States District Court for the Southern District of New York (Stanton, J.). Ira Matetsky, Ganfer & Shore LLP, for Appellant. Adam Silverstein, Golenbock Eiseman Assor Bell & Peskoe LLP, for Appellees. SUMMARY ORDER UPON DUE CONSIDERATION IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court be VACATED and the case REMANDED to the district court for further proceedings consistent with this opinion. Petitioner-Appellant I... Ysabel CONTRERAS-SALINAS, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent. [FN*]FN* Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Attorney General Eric H. Holder, Jr. is automatically substituted for forme, C.A.2, October 27, 2009 Petitioner seeks review of a decision of the Board of Immigration Appeals affirming the decision and order of an immigration judge denying petitioner's request for a "good faith marriage waiver" under 8 U.S.C. § 1186a(c)(4)(B) and ordering her removal. Because petitioner challenges a determination committed to the sole discretion of the Attorney General--namely, the credibility and weight accorded to certain evidence--we lack jurisdiction to review her claims. Petition dismissed. Glenn T. Ter... Daniel GROSS, Plaintiff, Carolyn Dee King, Plaintiff-Appellant, v. M. Jodi RELL, Governor, State of Connecticut, in her Official Capacity; Maggie Ewald, Former Acting Long-Term Care Ombudsman of the Connecticut Department of Social Services, in he, C.A.2 (Conn.), October 27, 2009 Appeal from dismissal of all claims as to all defendants in civil rights lawsuit arising out of the alleged mistreatment of Plaintiff Daniel Gross. An involuntary conservatorship was instituted as to Gross by the Waterbury, Connecticut Probate Court; the conservatorship was ended when a Connecticut Superior Court judge granted Gross's petition for a writ of habeas corpus, finding that the conservatorship should not have been imposed. Gross subsequently sued the Probate Court judge, the conservat... UNITED STATES of America, Appellee, v. Durrell WILLIAMS, Defendant, Rory Jackson, also known as Roy Jackson, Defendant-Appellant. , C.A.2 (N.Y.), October 27, 2009 Holdings: The Court of Appeals, McLaughlin, Circuit Judge, held that: (1) evidence of contraband found in apartment the day after defendant's arrest was not admissible as providing background evidence; (2) evidence was not admissible as other bad acts evidence to prove defendant's opportunity and motive to possess gun; and (3) district court's error in admitting the contraband evidence was not harmless. Vacated and remanded. We vacate the defendant's conviction for possession of ... UNITED STATES of America, Appellee v. Corey FLEURY, Jeffrey Bryson, Theresa Tucker, Defendants Edward Tucker, Defendant-Appellant. , C.A.2, October 26, 2009 Elizabeth S. Riker, Assistant United States Attorney (Richard R. Southwick, Assistant Untied States Attorney, on the brief) for Andrew T. Baxter, United States Attorney, Northern District of New York, for Appellee. Marshall A. Mintz, for Defendant-Appellant. SUMMARY ORDER UPON DUE CONSIDERATION, it is hereby ORDERED, ADJUDGED, AND DECREED that the judgment of the district court be AFFIRMED. Defendant-Appellant Edward Tucker challenges a March 28, 2008 judgment of conviction in the distri... UNITED STATES of America, Appellee, v. John E. HOWARD, III, Defendant-Appellant. , C.A.2 (N.Y.), October 26, 2009 Appeal from the United States District Court for the Northern District of New York (Hurd, J). Roland Acevedo, New York, N.Y., for Appellants. Terrence E. Kelly, Assistant Union States Attorney, of counsel to Andrew T. Baxter, United States Attorney for the Northern District of New York, Albany, N.Y. (Paul D. Silver, on the brief), for Appellees. SUMMARY ORDER ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of said District Court be and it hereby is... UNITED STATES of America, Appellee, v. Jeffrey ETESS, Defendant-Appellant. , C.A.2 (N.Y.), October 26, 2009 Appeal from the United States District Court for the Eastern District of New York (Thomas C. Platt, District Judge). Stanley L. Cohen, New York, N.Y., for Appellant. Benton J. Campbell, U.S. Atty., Brooklyn, N.Y., for Appellee. SUMMARY ORDER ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the District Court is AFFIRMED. Jeffrey Etess, a dentist, appeals from the judgment entered July 21, 2008, sentencing him, upon his plea of guilty, to impris... Etleva COKU, a.k.a. Valbona Boci, 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 form, C.A.2, October 26, 2009 Raymond Lo, Kuzmin & Associates, P.C., New York, NY, for Petitioner. Michael F. Hertz, Acting Assistant Attorney General; Carl H. McIntyre, Assistant Director; Susan Houser, Senior Litigation Counsel, 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 peti... Alvaro Garcia PORTILLO, 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)(2). , C.A.2, October 26, 2009 Petition for review of an order of the Board of Immigration Appeals ("BIA"). Robert C. Ross, Esq., West Haven, CT, for Petitioner. Samia Naseem, Office of Immigration Litigation; Tony West, Assistant Attorney General, Civil Division; Luis E. Perez, Senior Litigation Counsel, 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 BIA's order is VACATED, and the c... Antonio PECK, a minor by and through his parents and next friends, Jo Anne Peck and Kenley Lester Peck, Plaintiff-Appellant, v. BALDWINSVILLE CENTRAL SCHOOL DISTRICT, Catherine McNamara Elementary School, Robert Creme, individually and in his offic, C.A.2 (N.Y.), October 26, 2009 Appeal from a judgment of the United States District Court for the Northern District of New York (Mordue, J.). Matthew D. Staver, Liberty Counsel, Orlando, FL; Stephen M. Crampton & Mary E. McAlister, Liberty Counsel, Lynchburg, VA, for Appellant. Louis Orbach & Lillian Abbott, Pfohl, Bond, Schoeneck & King, PLLC, Syracuse, NY, for Appellees. SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the district court be VACATED and the matter... AOSTA SHIPPING CO. LTD., Plaintiff-Appellant, v. OSL STEAMSHIP CORP., Defendant-Appellee, Zhangjiang Fareast International Shipping Agency Co. and Clear Water Shipping Limited, Defendants. , C.A.2 (N.Y.), October 26, 2009 Appeal from the United States District Court for the Southern District of New York (Rakoff, J.). George Michael Chalos, Oyster Bay, NY, for Appellant. Charles E. Murphy, 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 VACATED and REMANDED. Plaintiff Aosta Shipping Co. Ltd. appeals a January 26, 2009 order of the United States District C... Carol KONITS, Plaintiff-Appellant, v. VALLEY STREAM CENTRAL HIGH SCHOOL DISTRICT, Board of Education of the Valley Stream Central, Ronald D. Valenti, individually and as District Superintendent, Dean Karahalis, individually and as District Coordina, C.A.2 (N.Y.), October 26, 2009 Dennis A. Bengels, Sharon C. Konits, Law Office of Dennis A. Bengels, Garden City, NY, for Appellant. Lewis R. Silverman, Julie A. Rivera, Rutherford & Christie, LLP, New York, NY, for Appellee. SUMMARY ORDER ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court be and it hereby is VACATED and the case is REMANDED for further consideration. Plaintiff-appellant Carol Konits appeals an order from the United States District Court for t... U.S. SECURITIES AND EXCHANGE COMMISSION, Plaintiff-Appellee, v. Constantine STAMOULIS, Defendant-Appellant, Eric Patton, Steven Patton, Michael Nicolaou, Konstantine Drakopoulos, Dimitrios Kostopoulos, Angelo Rigas, Gregory Rigas, George Rigas, An, C.A.2 (N.Y.), October 26, 2009 Appeal from a June 10, 2008 order of the United States District Court for the Eastern District of New York (Sterling Johnson Jr., Judge ). Christopher Paik, Special Counsel, (David M. Becker, General Counsel, Mark D. Cahn, Deputy General Counsel, Jacob H. Stillman, Solicitor, on the brief), Office of the General Counsel, Securities and Exchange Commission, Washington, D.C., for Plaintiff-Appellee. David J. Hoffman, New York, NY, for Defendant-Appellant. SUMMARY ORDER UPON DUE CONSIDERAT... Philip J. WAISONOVITZ, Plaintiff-Appellant, v. METRO-NORTH COMMUTER RAILROAD, Defendant-Third-Party-Plaintiff-Appellee, Diane Ard, Executive of Estate of Robert J. Ard, Jr., Third-Party Defendant. , C.A.2 (Conn.), October 26, 2009 Appeal from a judgment of the United States District Court for the District of Connecticut (Hall, J.). John F. Geida, Law Offices of Norman A. Pattis, LLC, Bethany, CT, for Appellant. Charles A. Deluca, Ryan Ryan Deluca LLP, Stamford, CT, for Appellee. SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the district court be AFFIRMED. Philip Waisonovitz appeals from a judgment dismissing on summary judgment his claims under the Federal Em... George Eagan GINTHER, Plaintiff-Appellant, v. PROVIDENT LIFE AND CASUALTY INS. CO., Defendant-Appellee. , C.A.2 (N.Y.), October 26, 2009 Appeal from the United States District Court for the Western District of New York (John T. Elfvin and William M. Skretny, Judges). George Egan Ginther, pro se, Buffalo, NY. Patrick W. Begos, Begos Horgan & Brown LLP, Westport, CT, for Appellee. SUMMARY ORDER UPON DUE CONSIDERATION IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgments entered on January 25, 2006, March 26, 2007, and April 22, 2008, are AFFIRMED. George Eagan Ginther, pro se, appeals from (1) the dismissal of h... Margaret Sipser LEIBOWITZ, Plaintif-Appellant, v. CORNELL UNIVERSITY, New York State School of Industrial and Labor Relations, Edward J. Lawler, Ronald Seeber, Ann W. Martin, Esta R. Bigler and Nick Salvatore, Defendants-Appellees. , C.A.2 (N.Y.), October 23, 2009 Holdings: The Court of Appeals, Bianco, District Judge for the Eastern District of New York, sitting by designation, held that: (1) non-renewal of university employee's five-year employment contract was adverse employment action; (2) non-renewal of employee's contract occurred under circumstances giving rise to inference of discrimination; (3) fact issue as to pretext barred summary judgment; (4) employer's failure to renew employment contract was not a breach of contract; (... TAK MAN LEE, Petitioner, v. Eric H. HOLDER Jr., United States Attorney General, Respondent. , C.A.2, October 23, 2009 Yu Zhang, New York, NY, for Petitioner. Tony West, Assistant Attorney General; Carl H. McIntyre Jr., Assistant Director; Steven F. Day, 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 Tak Man Lee, a native ... Edin KRUPIC, 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 Att, C.A.2, October 23, 2009 Gerald P. Seipp, Oldsmar, FL, for Petitioner. P. Michael Truman (Keith I. McManus, Senior Litigation Counsel, and Tony West, Assistant Attorney General, Civil Division, on the brief), U.S. Department of Justice, Civil Division, Office of Immigration Litigation, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of these petitions for review of decisions of the Board of Immigration Appeals ("BIA"), it is hereby ORDERED, ADJUDGED, AND DECREED that the petitions for review... John PAPANDON, as alleged partner in alleged joint ventures identified as Pilot Petroleum-Petroleum Haulers, Pilot Petroleum-Rappaport Fuel, Pilot Petroleum- Cabot Petroleum, Pilot Petroleum-Conlo Services, Joseph Aracri, as alleged partner in alleg, C.A.2 (N.Y.), October 23, 2009 Appeal from the United States District Court for the Eastern District of New York (Cogan, J.). Joseph R. Conway, Larusso and Conway, Mineola, NY, for Appellant Papandon. Michael H. Soroka, Law Office of Michael H. Soroka, Mineola, NY, for Appellant Aracri. Jonathan S. Cohen, Kenneth W. Rosenberg, U.S. Department of Justice, Tax Division, Washington, D.C., for Appellee. SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the United State... Bhupendrakumar Ambalal PATEL, Petitioner, v. Eric H. HOLDER Jr., [FN*] Immigration & Naturalization Services, Respondent. FN* Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Attorney General Eric H. Holder Jr. is automatically subs, C.A.2, October 23, 2009 M. Anne Hannigan, Chicago, IL, for Petitioner. Jessica W. Segall, Marion E. Guyton, Trial Attorneys, Susan Houser, Senior Litigation Counsel, for Gregory G. Katsas, Assistant Attorney General, Office of Immigration Litigation, Civil Division, Washington, D.C., for Respondent. SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a decision of the Board of Immigration Appeals (the "BIA"), it is hereby ORDERED, ADJUDGED, AND DECREED that the petition for review is DENIED. Bhupen... AGUAS LENDERS RECOVERY GROUP LLC, Plaintiff-Appellant, v. SUEZ, S.A., Sociedad General de Aguas de Barcelona, S.A., Defendants, Agua y Saneamientos Argentinos, S.A., Defendant-Appellee . [FN*]FN* The Clerk of the Court is instructed to amend the ca, C.A.2 (N.Y.), October 23, 2009 Appeal from a judgment of the United States District Court for the Southern District of New York (Robert L. Carter, Judge ) dismissing a complaint on the grounds of forum non conveniens. The district court held that a non- signatory to agreements containing forum selection provisions is not bound by these provisions even if it is a successor in interest to a signatory and otherwise bound by the agreements. We vacate the judgment. Jennifer R. Scullion (Louis M. Solomon, Daniella M. Rudy, on th... © 2009 West, a Thomson business Westlaw Integration Solutions  /  Westlaw.com