2d Circuit Case Commentaries

Samarov v. Bondi: Abandonment for Inadequate Briefing and Harmless Correction of an IJ’s Overly Stringent Nexus Standard

Date: Nov 7, 2025

Samarov v. Bondi: Abandonment for Inadequate Briefing and Harmless Correction of an IJ’s Overly Stringent Nexus Standard Introduction In a non-precedential summary order, the United States Court of...

Specific, Memorable-Detail Inconsistencies and Sparse Corroboration Sustain Adverse Credibility Findings; Nervousness at Credible-Fear Interviews Does Not Undermine Reliability — Singh v. Bondi (2d Cir. 2025)

Date: Nov 7, 2025

Specific, Memorable-Detail Inconsistencies and Sparse Corroboration Sustain Adverse Credibility Findings; Nervousness at Credible-Fear Interviews Does Not Undermine Reliability — Singh v. Bondi (2d...

No Interlocutory Appeal Without Accepted Plaintiff-Favorable Facts: Second Circuit Reaffirms Limits on Collateral-Order Review of Qualified Immunity in Vann v. City of Rochester

Date: Nov 7, 2025

No Interlocutory Appeal Without Accepted Plaintiff-Favorable Facts: Second Circuit Reaffirms Limits on Collateral-Order Review of Qualified Immunity in Vann v. City of Rochester Court: U.S. Court of...

Obvious Venue Omissions as Ineffective Appellate Assistance and Narrowing of the Concurrent Sentence Doctrine for Non‑Life § 2255 Petitioners: Purcell v. United States (2d Cir. 2025)

Date: Nov 7, 2025

Obvious Venue Omissions as Ineffective Appellate Assistance and Narrowing of the Concurrent Sentence Doctrine for Non‑Life § 2255 Petitioners Commentary on Purcell v. United States, No. 23-6985-pr...

Res judicata reaffirmed: Second Circuit bars fourth federal suit challenging NYC Campaign Finance Board clawback and cautions vexatious filers with potential leave‑to‑file sanctions

Date: Nov 5, 2025

Res judicata reaffirmed: Second Circuit bars fourth federal suit challenging NYC Campaign Finance Board clawback and cautions vexatious filers with potential leave‑to‑file sanctions Introduction In a...

Post-Filing Assignment Does Not Moot, Redundant Conspiracy Claims Are Dismissable, and “Actual Knowledge” Means Actual: The Second Circuit’s Summary Order in Fezzani v. Dweck

Date: Nov 5, 2025

Post-Filing Assignment Does Not Moot, Redundant Conspiracy Claims Are Dismissable, and “Actual Knowledge” Means Actual: The Second Circuit’s Summary Order in Fezzani v. Dweck Decision: Fezzani v....

Second Circuit Summary Order Reaffirms Minimal Due Process for Short Student Suspensions: Doe & Roe v. Levittown Public Schools

Date: Nov 5, 2025

Minimal Due Process for Ten-Day-or-Less Student Suspensions Reaffirmed; Evidence Sufficiency Review and Role-Separation Not Required (Doe & Roe v. Levittown Public Schools, 2d Cir. 2025) Case: John...

Unwilling or Unable Controls: Second Circuit Reaffirms Private-Actor Persecution Standard and Limits to the Administrative Record in Martinez‑Martinez v. Bondi

Date: Nov 5, 2025

Unwilling or Unable Controls: Second Circuit Reaffirms Private-Actor Persecution Standard and Limits to the Administrative Record in Martinez‑Martinez v. Bondi Introduction In Martinez‑Martinez v....

No “Ministerial” Shield from Section 5: Second Circuit Affirms “Necessary Participant” Liability, Scienter by Admissions, and Disgorgement Without Unsupported Expense Offsets (SEC v. Core Business One)

Date: Nov 5, 2025

No “Ministerial” Shield from Section 5: Second Circuit Affirms “Necessary Participant” Liability, Scienter by Admissions, and Disgorgement Without Unsupported Expense Offsets Case: SEC v. Core...

Reaffirming the Admissibility of Police Lay Identification Testimony and the Attempted Murder Cross-Reference in § 922(g) Sentencing: Commentary on United States v. King (2d Cir. 2025)

Date: Nov 5, 2025

Reaffirming the Admissibility of Police Lay Identification Testimony and the Attempted Murder Cross-Reference in § 922(g) Sentencing: Commentary on United States v. King (2d Cir. 2025) Introduction...

Minimal Explanation Suffices for Within-Range Revocation Sentences Under Plain Error Review: United States v. Lopez (2d Cir. 2025)

Date: Nov 5, 2025

Minimal Explanation Suffices for Within-Range Revocation Sentences Under Plain Error Review: United States v. Lopez (2d Cir. 2025) Court: U.S. Court of Appeals for the Second Circuit Date: November...

No Presumption from 18 U.S.C. § 1591(c): Second Circuit Confirms “Reasonable Opportunity to Observe” as a Standalone Path; Confrontation/Rule 15 Claim Resolved by Harmless Error in United States v. Paschal (Summary Order)

Date: Nov 5, 2025

No Presumption from 18 U.S.C. § 1591(c): Second Circuit Confirms “Reasonable Opportunity to Observe” as a Standalone Path; Confrontation/Rule 15 Claim Resolved by Harmless Error in United States v....

Second Circuit Reaffirms: Mere Derecognition Does Not Establish Injury-in-Fact; Student-Association “Legal Status” Conditions Are Viewpoint-Neutral, Reasonable Access Rules in a Limited Public Forum

Date: Nov 5, 2025

Second Circuit Reaffirms: Mere Derecognition Does Not Establish Injury-in-Fact; Student-Association “Legal Status” Conditions Are Viewpoint-Neutral, Reasonable Access Rules in a Limited Public Forum...

Second Circuit Reaffirms Reliability Criteria for Credible Fear Interviews in Adverse Credibility Findings: Zafar v. Bondi

Date: Nov 5, 2025

Second Circuit Reaffirms Reliability Criteria for Credible Fear Interviews in Adverse Credibility Findings: Zafar v. Bondi Introduction In Zafar v. Bondi (No. 23-6312, Nov. 3, 2025), a summary order...

Coleman v. Grand: Characterizing Conduct as “Sexual Harassment” Is Protected Opinion When Supported by Disclosed Facts Under New York Defamation Law

Date: Nov 5, 2025

Coleman v. Grand: Characterizing Conduct as “Sexual Harassment” Is Protected Opinion When Supported by Disclosed Facts Under New York Defamation Law Introduction In Coleman v. Grand (No. 21-800,...

Imputed Political Opinion Must Be Squarely Addressed; Unreasonable Arrest‑Warrant Corroboration Rejected in Asylum Cases — Commentary on Lin v. Bondi (2d Cir. 2025)

Date: Nov 2, 2025

Imputed Political Opinion Must Be Squarely Addressed; Unreasonable Arrest‑Warrant Corroboration Rejected in Asylum Cases — Commentary on Lin v. Bondi (2d Cir. 2025) Case: Lin v. Bondi, No. 22-6532...

Gross Violation as a Prerequisite to Extended-Eligibility Compensatory Education: The Second Circuit’s Summary Order in Perez v. Banks

Date: Nov 2, 2025

Gross Violation as a Prerequisite to Extended-Eligibility Compensatory Education: The Second Circuit’s Summary Order in Perez v. Banks Introduction In a non-precedential Summary Order, the United...

No Cure by Removal: Second Circuit Applies Derivative Jurisdiction to FIRREA Removals When State Courts Lack Subject-Matter Jurisdiction

Date: Nov 1, 2025

No Cure by Removal: Second Circuit Applies Derivative Jurisdiction to FIRREA Removals When State Courts Lack Subject-Matter Jurisdiction Case: Panos v. Federal Deposit Insurance Corporation, No....

No Per Se Rule: Intoxication Does Not Automatically Invalidate Consent; Apparent Authority Can Validate a Roommate-Consent Search — United States v. Boone (2d Cir. 2025) [Summary Order]

Date: Nov 1, 2025

No Per Se Rule: Intoxication Does Not Automatically Invalidate Consent; Apparent Authority Can Validate a Roommate-Consent Search — United States v. Boone (2d Cir. 2025) [Summary Order] Court: U.S....

Off‑Campus Social Media Speech Is Protected Absent Safety-Based Threats: Reaction-Driven “Disruption” Alone Cannot Justify Discipline (Leroy v. Livingston Manor CSD)

Date: Nov 1, 2025

Off‑Campus Social Media Speech Is Protected Absent Safety-Based Threats: Reaction-Driven “Disruption” Alone Cannot Justify Discipline Leroy v. Livingston Manor Central School District, No. 24-1241...