Fourth Amendment: U.S. v. Navas 

By Daily Record Staff
POSTED: March 9, 2010
Tags: Fourth Amendment, Second Circuit, U.S. Court of Appeals

U.S. Court of Appeals, Second Circuit
Fourth Amendment
Trailers — Automobile Exception
U.S. v. Navas
09-1144-cr
Appealed from the Southern District of New York
Background: The appeal concerns a trailer, unhitched from its cab and parked in a warehouse. The district court held that a warrantless search of the trailer ran afoul of the Fourth Amendment. On appeal, the defendants likened [...]

Bar Admission: In Re David Rodkin  

By Daily Record Staff
POSTED: March 5, 2010
Tags: bar admission, misrepresentation, Second Circuit, U.S. Court of Appeals

U.S. Court of Appeals, Second Circuit
Bar Admission
Misrepresentation
In Re David Rodkin
09-90133-am
Background: On Dec. 3, 2009, the panel directed attorney David Rodkin to show cause why he should not be removed from the bar of this court or subject to other disciplinary or corrective measures based on the conduct described in that order. Rodkin was directed to [...]

Tax: City of New York v. Golden Feather Smoke Shop  

By Daily Record Staff
POSTED: March 5, 2010
Tags: cigarettes, reservations, Second Circuit, tax, U.S. Court of Appeals

U.S. Court of Appeals, Second Circuit
Tax
Cigarettes — Reservations
City of New York v. Golden Feather Smoke Shop
09-3942-cv
Appealed from the Eastern District of New York
Background: Defendants-appellants Monique’s Smoke Shop et al. appeal from the Aug. 25, 2009 grant of a preliminary injunction to the City of New York by the U.S. District Court for the Eastern District [...]

Immigration: Herrera-Molina v. Holder 

By Daily Record Staff
POSTED: March 4, 2010
Tags: immigration, INS, Second Circuit, U.S. Court of Appeals, U.S. Department of Homeland Security

U.S. Court of Appeals, Second Circuit
Immigration
Herrera-Molina v. Holder
07-0985-ag
Appealed from the Department of Homeland Security, Immigration and Customs Enforcement
Background: The petitioner seeks review of a February 2007 decision of the U.S. Department of Homeland Security, Immigration and Customs Enforcement, reinstating a prior order of deportation pursuant to section 241(a)(5) of the Immigration and Naturalization Act. The [...]

Prisons: Vega v. Lantz 

By Daily Record Staff
POSTED: March 3, 2010
Tags: Second Circuit, U.S. Court of Appeals

U.S. Court of Appeals, Second Circuit
Prisons
Sex Offender Classification
Vega v. Lantz
08-4748-pr
Appealed from the District of Connecticut
Background: The defendant prison officials appeal from a judgment granting in part plaintiff-appellee Joe Burgos Vega’s motion for summary judgment. Vega, a prison inmate, sued Connecticut prison officials alleging, among other things, violations of his liberty interests and procedural due process [...]

Immigration: Caranza-Fuentes v. Holder 

By Daily Record Staff
POSTED: March 3, 2010
Tags: asylum, immigration, Second Circuit, U.S. Court of Appeals

U.S. Court of Appeals, Second Circuit
Immigration
Asylum
Caranza-Fuentes v. Holder
08-4820-ag
Appealed from the Board of Immigration Appeals
Background: Petitioners Milton Ronaldo Rodas Castro and his wife, Maria Luisa Carranza-Fuentes, seek review of a portion of a final order of the Board of Immigration Appeals, which affirmed the decision of an immigration judge to deny their applications for asylum. In [...]

Immunity: Brzak v. United Nations 

By Daily Record Staff
POSTED: March 3, 2010
Tags: immunity, Second Circuit, U.S. Court of Appeals

U.S. Court of Appeals, Second Circuit
Immunity
Judicially Crafted Immunity — Constitutionality
Brzak v. United Nations
08-2799-cv
Appealed from the Southern District of New York
Background: Cynthia Brzak and Nasr Ishak appeal from a judgment of the U.S. District Court for the Southern District of New York dismissing claims against the United Nations and various UN officials. The complaint charges the [...]

Statute of Repose: Ma v. Merill Lynch & Co. Inc. 

By Daily Record Staff
POSTED: March 3, 2010
Tags: Second Circuit, statute of repose, U.S. Court of Appeals

U.S. Court of Appeals, Second Circuit
Statute of Repose
Electronic Funds Transfers
Ma v. Merill Lynch & Co. Inc.
08-4828-cv
Appealed from the Southern District of New York
Background: The appeal requires the court to consider whether the New York Uniform Commercial Code Section 4-A-505, which imposes a one-year statute of repose on certain claims based on electronic funds transfers, bars [...]

Asylum: De La Rosa v. Holder 

By Daily Record Staff
POSTED: February 26, 2010
Tags: asylum, Second Circuit, U.S. Court of Appeals

U.S. Court of Appeals, Second Circuit

Asylum
De La Rosa v. Holder
09-3099-ag
Appealed from the Board of Immigration Appeals
Background: Petitioner Marino De La Rosa, a native of the Dominican Republic, appeals from the final decision and order of the BIA, which affirmed the an immigration judge’s decision to deny his application for deferral of removal under the CAT [...]