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  • Commentaries
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2d Circuit Case Commentaries

AEDPA Deference and Strickland Review: Caballero v. Miller Clarifies Ineffective Assistance Standards

AEDPA Deference and Strickland Review: Caballero v. Miller Clarifies Ineffective Assistance Standards

Date: Apr 3, 2025
AEDPA Deference and Strickland Review: Caballero v. Miller Clarifies Ineffective Assistance Standards Introduction The Second Circuit’s summary order in Caballero v. Miller (No. 24-2602-pr, decided...
Admissions Establishing But-For Retaliation Under §1981: El Chaar v. NYU College of Dentistry

Admissions Establishing But-For Retaliation Under §1981: El Chaar v. NYU College of Dentistry

Date: Apr 3, 2025
Admissions Establishing But-For Retaliation Under §1981: El Chaar v. NYU College of Dentistry 1. Introduction In El Chaar v. NYU College of Dentistry, 24-1169 (2d Cir. Apr. 2, 2025), the Second...
Caballero v. Miller: Reinforcing the Prejudice Requirement for Ineffective Assistance of Counsel under AEDPA

Caballero v. Miller: Reinforcing the Prejudice Requirement for Ineffective Assistance of Counsel under AEDPA

Date: Apr 3, 2025
Caballero v. Miller: Reinforcing the Prejudice Requirement for Ineffective Assistance of Counsel under AEDPA Introduction This commentary examines the Second Circuit’s April 2, 2025 decision in...
Termination Notice as Trigger for Statute of Limitations in Discrimination Claims: Ikedilo v. Statter

Termination Notice as Trigger for Statute of Limitations in Discrimination Claims: Ikedilo v. Statter

Date: Apr 3, 2025
Termination Notice as Trigger for Statute of Limitations in Discrimination Claims: Ikedilo v. Statter Introduction In Ikedilo v. Statter, No. 23-7947 (2d Cir. Apr. 2, 2025), the United States Court...
Concrete Evidence Requirement in Establishing Prejudice for Ineffective Assistance of Counsel on Federal Habeas Review

Concrete Evidence Requirement in Establishing Prejudice for Ineffective Assistance of Counsel on Federal Habeas Review

Date: Apr 3, 2025
Concrete Evidence Requirement in Establishing Prejudice for Ineffective Assistance of Counsel on Federal Habeas Review Introduction Caballero v. Miller is a Second Circuit summary order reversing a...
Direct Evidence of Retaliation Displaces Burden-Shifting under §1981 & Time-Barred Hostile Work Environment Claims: El Chaar v. NYU College of Dentistry

Direct Evidence of Retaliation Displaces Burden-Shifting under §1981 & Time-Barred Hostile Work Environment Claims: El Chaar v. NYU College of Dentistry

Date: Apr 3, 2025
Direct Evidence of Retaliation Displaces Burden-Shifting under §1981 & Time-Barred Hostile Work Environment Claims: El Chaar v. NYU College of Dentistry Introduction In El Chaar v. NYU College of...
Termination‐Based Discrimination Claims Accrue at Decision Communication, Not Grievance Resolution

Termination‐Based Discrimination Claims Accrue at Decision Communication, Not Grievance Resolution

Date: Apr 3, 2025
Termination‐Based Discrimination Claims Accrue at Decision Communication, Not Grievance Resolution Introduction In Ikedilo v. Statter, 23‐7947 (2d Cir. Apr. 2, 2025), the United States Court of...
Notification Trigger for Statute of Limitations in Discrimination Claims: Grievance Procedures Do Not Toll

Notification Trigger for Statute of Limitations in Discrimination Claims: Grievance Procedures Do Not Toll

Date: Apr 3, 2025
Notification Trigger for Statute of Limitations in Discrimination Claims: Grievance Procedures Do Not Toll Introduction Ikedilo v. Statter, decided by the United States Court of Appeals for the...
El Chaar v. NYU Dentistry: Direct-Evidence Standard in §1981 Retaliation Claims

El Chaar v. NYU Dentistry: Direct-Evidence Standard in §1981 Retaliation Claims

Date: Apr 3, 2025
El Chaar v. NYU College of Dentistry: Direct-Evidence Standard in §1981 Retaliation Claims Introduction In El Chaar v. NYU College of Dentistry, 24-1169 (2d Cir. Apr. 2, 2025), the Second Circuit...
Clarifying the “Unable-or-Unwilling” Standard for Domestic Violence–Based Asylum and CAT Claims

Clarifying the “Unable-or-Unwilling” Standard for Domestic Violence–Based Asylum and CAT Claims

Date: Apr 2, 2025
Clarifying the “Unable-or-Unwilling” Standard for Domestic Violence–Based Asylum and CAT Claims Introduction Escobar-Garcia v. Bondi, decided April 1, 2025 by the U.S. Court of Appeals for the Second...
Expert Testimony Admissibility: Addressing Obvious Alternative Causes Under Rule 702

Expert Testimony Admissibility: Addressing Obvious Alternative Causes Under Rule 702

Date: Apr 2, 2025
Expert Testimony Admissibility: Addressing Obvious Alternative Causes Under Rule 702 1. Introduction In Faison-Williams v. United States (2d Cir. 2025), the Second Circuit addressed two critical...
Guaman-Parades v. Bondi: Enforcing Waiver in Social-Group Asylum Claims

Guaman-Parades v. Bondi: Enforcing Waiver in Social-Group Asylum Claims

Date: Apr 2, 2025
Guaman-Parades v. Bondi: Enforcing Waiver in Social-Group Asylum Claims Introduction In Guaman-Parades v. Bondi, 23-7828 (2nd Cir. Apr. 1, 2025), the United States Court of Appeals for the Second...
Public Employee Speech and Retaliation Limits: Clarifying Garcetti and Vega in Gotfryd v. City of Newburgh

Public Employee Speech and Retaliation Limits: Clarifying Garcetti and Vega in Gotfryd v. City of Newburgh

Date: Apr 2, 2025
Public Employee Speech and Retaliation Limits: Clarifying Garcetti and Vega in Gotfryd v. City of Newburgh Introduction Gotfryd v. City of Newburgh is a summary‐order decision of the United States...
Establishing Government “Unwilling-or-Unable” Standard in Private-Actor Persecution Claims: Escobar-Garcia v. Bondi

Establishing Government “Unwilling-or-Unable” Standard in Private-Actor Persecution Claims: Escobar-Garcia v. Bondi

Date: Apr 2, 2025
Establishing Government “Unwilling-or-Unable” Standard in Private-Actor Persecution Claims: Escobar-Garcia v. Bondi Introduction Escobar-Garcia v. Bondi, decided April 1, 2025 by the United States...
Exhaustion and Nexus Requirements in Particular Social Group Claims: Guaman-Parades v. Bondi

Exhaustion and Nexus Requirements in Particular Social Group Claims: Guaman-Parades v. Bondi

Date: Apr 2, 2025
Exhaustion and Nexus Requirements in Particular Social Group Claims: Guaman-Parades v. Bondi Introduction Guaman-Parades v. Bondi is a Second Circuit summary order issued on April 1, 2025, reviewing...
Faison-Williams v. United States: Rule 702’s Requirement to Adequately Address Alternative Explanations in Expert Causation Testimony

Faison-Williams v. United States: Rule 702’s Requirement to Adequately Address Alternative Explanations in Expert Causation Testimony

Date: Apr 2, 2025
Faison-Williams v. United States: Rule 702’s Requirement to Adequately Address Alternative Explanations in Expert Causation Testimony Introduction In Faison-Williams v. United States, 24-1404 (2d...
Clarifying the “Unwilling-or-Unable” Standard for Domestic Violence Asylum Claims

Clarifying the “Unwilling-or-Unable” Standard for Domestic Violence Asylum Claims

Date: Apr 2, 2025
Clarifying the “Unwilling-or-Unable” Standard for Domestic Violence Asylum Claims Introduction In Escobar-Garcia v. Bondi, the United States Court of Appeals for the Second Circuit addressed the...
Waiver of Unraised Particular Social Group Claims Bars Asylum Relief

Waiver of Unraised Particular Social Group Claims Bars Asylum Relief

Date: Apr 2, 2025
Waiver of Unraised Particular Social Group Claims Bars Asylum Relief Introduction This commentary examines the Second Circuit’s April 1, 2025 summary order in Guaman-Parades v. Bondi, 23-7828 (2d...
Official Duty Speech Unprotected and Limits on Equal Protection Retaliation: Gotfryd v. City of Newburgh

Official Duty Speech Unprotected and Limits on Equal Protection Retaliation: Gotfryd v. City of Newburgh

Date: Apr 2, 2025
Official Duty Speech Unprotected and Limits on Equal Protection Retaliation: Gotfryd v. City of Newburgh Introduction Gotfryd v. City of Newburgh, decided by the Second Circuit on April 1, 2025,...
Clarifying the “Unable-or-Unwilling” Standard for Private-Actor Persecution: Escobar-Garcia v. Bondi

Clarifying the “Unable-or-Unwilling” Standard for Private-Actor Persecution: Escobar-Garcia v. Bondi

Date: Apr 2, 2025
Clarifying the “Unable-or-Unwilling” Standard for Private-Actor Persecution Introduction In Escobar-Garcia v. Bondi, 23-6581 (2d Cir. Apr. 1, 2025), the Second Circuit reviewed a Board of Immigration...
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