2d Circuit Case Commentaries

Clarifying “Extraordinary Circumstances” in Late-Filed Asylum Applications: Language Barriers and Legal Unawareness Deemed Insufficient – Commentary on Aguilar Ordonez v. Bondi

Date: May 10, 2025

Clarifying “Extraordinary Circumstances” in Late-Filed Asylum Applications: Language Barriers and Legal Unawareness Deemed Insufficient – Commentary on Aguilar Ordonez v. Bondi 1. Introduction...

Mahdawi v. Trump: Second Circuit Confirms District Court Authority to Hear Independent Constitutional Challenges to Immigration Detention and to Grant Bail Despite INA § 1252 Jurisdiction Bars

Date: May 10, 2025

Mahdawi v. Trump: Second Circuit Confirms District Court Authority to Hear Independent Constitutional Challenges to Immigration Detention and to Grant Bail Despite INA § 1252 Jurisdiction Bars...

Clarifying Sovereign Immunity and the Takings Clause: Ngambo v. Social Security Administration (2d Cir. 2025)

Date: May 10, 2025

Clarifying Sovereign Immunity and the Takings Clause: Ngambo v. Social Security Administration (2d Cir. 2025) Introduction In Ngambo v. Social Security Administration, the United States Court of...

Circumstantial Evidence Can Rebut the Grand-Jury Probable-Cause Presumption in Confession Cases; Failure to Preserve Qualified Immunity in a Rule 50 Motion Forfeits Post-Verdict Relief

Date: May 10, 2025

Circumstantial Evidence Can Rebut the Grand-Jury Probable-Cause Presumption in Confession Cases; Failure to Preserve Qualified Immunity in a Rule 50 Motion Forfeits Post-Verdict Relief Introduction...

No Chapter 13 Trustee Percentage Fee Absent Plan Confirmation: Second Circuit Aligns with Seventh, Ninth, and Tenth Circuits

Date: May 10, 2025

No Chapter 13 Trustee Percentage Fee Absent Plan Confirmation: Second Circuit Aligns with Seventh, Ninth, and Tenth Circuits Introduction In In re: Soussis, the U.S. Court of Appeals for the Second...

United States v. Franco: Reinforcing Harmless-Error Doctrine and Clarifying the Non-Hearsay Use of Identification Statements in Supervised-Release Revocation Hearings

Date: May 10, 2025

United States v. Franco: Reinforcing Harmless-Error Doctrine and Clarifying the Non-Hearsay Use of Identification Statements in Supervised-Release Revocation Hearings Introduction In United States v....

“Evolving-Claim Credibility” – Second Circuit Clarifies Deference Owed to Immigration Judges When Asylum Applicants Expand or Alter Their Narrative

Date: May 10, 2025

“Evolving-Claim Credibility” – Second Circuit Clarifies Deference Owed to Immigration Judges When Asylum Applicants Expand or Alter Their Narrative Introduction Singh v. Bondi, No. 23-6319 (2d Cir....

Mandatory Issue-Exhaustion and Corroboration Standards in Asylum Appeals: Commentary on Nkezea Efuetnji v. Bondi (2d Cir. 2025)

Date: May 10, 2025

Mandatory Issue-Exhaustion and Corroboration Standards in Asylum Appeals: Nkezea Efuetnji v. Bondi (2d Cir. 2025) 1. Introduction This commentary examines the Second Circuit’s Summary Order in Nkezea...

Malhi v. Bondi: The Second Circuit’s Clarification on Abandonment and Unchallenged Credibility Findings in Immigration Appeals

Date: May 10, 2025

Malhi v. Bondi: The Second Circuit’s Clarification on Abandonment and Unchallenged Credibility Findings in Immigration Appeals Introduction Case: Malhi v. Bondi, No. 23-6549 (2d Cir. May 9, 2025) –...

Second Circuit Declares Article II(3) of the New York Convention Self-Executing and Not Subject to McCarran–Ferguson Reverse Preemption, Abrogating Stephens I

Date: May 9, 2025

Second Circuit Declares Article II(3) of the New York Convention Self-Executing and Not Subject to McCarran–Ferguson Reverse Preemption, Abrogating Stephens I Introduction In a consequential decision...

“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...

Habeas in Transit: Second Circuit Affirms District Courts’ Power to Order ICE Transfers and Rejects Broad INA Jurisdiction-Stripping for Constitutional Detention Claims

Date: May 8, 2025

Habeas in Transit: Second Circuit Affirms District Courts’ Power to Order ICE Transfers and Rejects Broad INA Jurisdiction-Stripping for Constitutional Detention Claims Introduction In Öztürk 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...

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....

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...

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