2d Circuit Case Commentaries

“Minor Political Assaults Outside Custodial Context Do Not Constitute Past Persecution” – A Commentary on Singh v. Bondi (2d Cir. 2025)

Date: May 9, 2025

“Minor Political Assaults Outside Custodial Context Do Not Constitute Past Persecution” A Comprehensive Commentary on Singh v. Bondi, 23-6750-ag (2d Cir. 2025) 1. Introduction Case Overview. In Singh...

Kelsey v. Kessel – Second Circuit Clarifies that Eleventh-Amendment Dismissals Must Be Without Prejudice and Re-emphasises the “Ongoing-Violation” Prerequisite to Ex parte Young

Date: May 8, 2025

Kelsey v. Kessel – Second Circuit Clarifies that Eleventh-Amendment Dismissals Must Be Without Prejudice and Re-emphasises the “Ongoing-Violation” Prerequisite to Ex parte Young 1. Introduction In...

“Notice-and-Knowledge” as the Linchpin of Retaliation: Collymore v. City of New York (2d Cir. 2025)

Date: May 8, 2025

“Notice-and-Knowledge” as the Linchpin of Retaliation: Collymore v. City of New York (2d Cir. 2025) 1. Introduction In Collymore v. City of New York, No. 23-1304 (2d Cir. May 7 2025), the United...

Gentile v. Dudek: Post-Onset Diagnoses Alone Cannot Establish Childhood Disability—Second Circuit’s Reaffirmation of the “Substantial Evidence” Deference

Date: May 8, 2025

Gentile v. Dudek: Post-Onset Diagnoses Alone Cannot Establish Childhood Disability—Second Circuit’s Reaffirmation of the “Substantial Evidence” Deference 1. Introduction Andrea Marie Gentile sought...

Second Circuit Fortifies the “Reliability-First” Rule for Border Interviews in Credibility Determinations

Date: May 8, 2025

Second Circuit Fortifies the “Reliability-First” Rule for Border Interviews in Credibility Determinations Introduction The United States Court of Appeals for the Second Circuit, in Chacon-Marin v....

Clarifying the Distinction Between Motions to Reopen and Reconsider and the Prima-Facie Hardship Standard After Wilkinson: A Comment on Wong v. Bondi (2d Cir. 2025)

Date: May 8, 2025

Clarifying the Distinction Between Motions to Reopen and Reconsider and the Prima-Facie Hardship Standard After Wilkinson: A Comment on Wong v. Bondi (2d Cir. 2025) Introduction On 7 May 2025 the...

Garcia Martinez v. Bondi: Second Circuit Clarifies Social-Distinction and Nexus Requirements in Gang-Related Asylum Claims

Date: May 7, 2025

Garcia Martinez v. Bondi: Second Circuit Clarifies Social-Distinction and Nexus Requirements in Gang-Related Asylum Claims Introduction Court: United States Court of Appeals for the Second Circuit...

“Clarifying the Boundary of ‘Questions of Law’ in Asylum-Deadline Challenges” — A Commentary on Hernandez Benito v. Bondi (2d Cir. 2025)

Date: May 7, 2025

“Clarifying the Boundary of ‘Questions of Law’ in Asylum-Deadline Challenges” Commentary on Hernandez Benito v. Bondi, 23-6697 (2d Cir. May 6 2025) Introduction The United States Court of Appeals for...

Reyes Santos v. Bondi: Strict Exhaustion and the Non-Jurisdictional Nature of Date-Less Notices to Appear

Date: May 7, 2025

Reyes Santos v. Bondi: Strict Exhaustion and the Non-Jurisdictional Nature of Date-Less Notices to Appear 1. Introduction Reyes Santos v. Bondi, No. 23-7182 (2d Cir. May 6 2025) is a Second Circuit...

Supportability and Consistency as Cornerstones of Medical Opinion Evaluation under 20 C.F.R. § 416.920c

Date: May 6, 2025

Supportability and Consistency as Cornerstones of Medical Opinion Evaluation under 20 C.F.R. § 416.920c Introduction In Blanford v. Dudek (2d Cir. 2025), the Second Circuit affirmed the denial of...

Xi He v. Bondi: Upholding Frivolous Asylum Findings on Circumstantial Evidence under the Clear and Convincing Standard

Date: May 6, 2025

Xi He v. Bondi: Upholding Frivolous Asylum Findings on Circumstantial Evidence under the Clear and Convincing Standard Introduction Xin He, a Chinese national, applied for asylum in the United...

United States v. Romeo: No Sixth Amendment Right to Counsel in Post-Judgment Substitute-Asset Forfeiture and CCPA Garnishment Exclusion for Lump-Sum Proceeds

Date: May 6, 2025

United States v. Romeo: No Sixth Amendment Right to Counsel in Post-Judgment Substitute-Asset Forfeiture and CCPA Garnishment Exclusion for Lump-Sum Proceeds Introduction United States v. Romeo,...

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2d Circuit Case Commentaries

“Minor Political Assaults Outside Custodial Context Do Not Constitute Past Persecution” – A Commentary on Singh v. Bondi (2d Cir. 2025)

Kelsey v. Kessel – Second Circuit Clarifies that Eleventh-Amendment Dismissals Must Be Without Prejudice and Re-emphasises the “Ongoing-Violation” Prerequisite to Ex parte Young

“Notice-and-Knowledge” as the Linchpin of Retaliation: Collymore v. City of New York (2d Cir. 2025)

Gentile v. Dudek: Post-Onset Diagnoses Alone Cannot Establish Childhood Disability—Second Circuit’s Reaffirmation of the “Substantial Evidence” Deference

Second Circuit Fortifies the “Reliability-First” Rule for Border Interviews in Credibility Determinations

Clarifying the Distinction Between Motions to Reopen and Reconsider and the Prima-Facie Hardship Standard After Wilkinson: A Comment on Wong v. Bondi (2d Cir. 2025)

Garcia Martinez v. Bondi: Second Circuit Clarifies Social-Distinction and Nexus Requirements in Gang-Related Asylum Claims

“Clarifying the Boundary of ‘Questions of Law’ in Asylum-Deadline Challenges” — A Commentary on Hernandez Benito v. Bondi (2d Cir. 2025)

Reyes Santos v. Bondi: Strict Exhaustion and the Non-Jurisdictional Nature of Date-Less Notices to Appear

Supportability and Consistency as Cornerstones of Medical Opinion Evaluation under 20 C.F.R. § 416.920c

Xi He v. Bondi: Upholding Frivolous Asylum Findings on Circumstantial Evidence under the Clear and Convincing Standard

United States v. Romeo: No Sixth Amendment Right to Counsel in Post-Judgment Substitute-Asset Forfeiture and CCPA Garnishment Exclusion for Lump-Sum Proceeds

Protecting Foreclosure Surplus Under the Takings Clause: Sikorsky v. City of Newburgh

Defining “Adverse Actions” and Causation in ADA and State Retaliation Claims: Sosa v. NYC DOE

Defining the Contours of Sidebar Presence and Rule 404(b) Admissibility in United States v. Civitello

District Courts’ Broad Discretion to Apply Uniform Percentage Reductions in Section 1988 Fee Awards

Proper Service Determines Applicability of the Forum Defendant Rule in Removal Jurisdiction

Establishing the “Ordinary Person” Standard for Personally Identifiable Information Under the VPPA

Jurisdictional Limits on Appeals of Consent Judgment Interpretations: Nunez v. City of New York

Reinforcement of Adverse Credibility Standards: Inconsistencies and Corroboration in Asylum Adjudications

2d Circuit Case Commentaries

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