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2d Circuit Case Commentaries

Clarifying Constructive Flight: The Second Circuit’s Totality-of-the-Circumstances Test for Fugitive Disentitlement – A Commentary on United States v. Bardakova (2025)

Clarifying Constructive Flight: The Second Circuit’s Totality-of-the-Circumstances Test for Fugitive Disentitlement – A Commentary on United States v. Bardakova (2025)

Date: Jul 30, 2025
Clarifying Constructive Flight: The Second Circuit’s Totality-of-the-Circumstances Test for Fugitive Disentitlement Comprehensive Commentary on United States v. Bardakova, 24-2038-cr (2d Cir. 2025)...
“Beyond Mere Opposition to Gangs” – The Second Circuit’s Re-affirmation of the Nexus and Credibility Thresholds for Gang-Related Asylum Claims after Matter of A-B-III

“Beyond Mere Opposition to Gangs” – The Second Circuit’s Re-affirmation of the Nexus and Credibility Thresholds for Gang-Related Asylum Claims after Matter of A-B-III

Date: Jul 30, 2025
“Beyond Mere Opposition to Gangs” – The Second Circuit’s Re-affirmation of the Nexus and Credibility Thresholds for Gang-Related Asylum Claims after Matter of A-B-III Introduction In Acero-Zaruma v....
Balderas Galvan v. Bondi: Second Circuit Reaffirms Asylum Applicant’s Burden to Prove Unreasonableness of Internal Relocation in Private-Actor Persecution Claims

Balderas Galvan v. Bondi: Second Circuit Reaffirms Asylum Applicant’s Burden to Prove Unreasonableness of Internal Relocation in Private-Actor Persecution Claims

Date: Jul 30, 2025
Balderas Galvan v. Bondi: Second Circuit Reaffirms Asylum Applicant’s Burden to Prove Unreasonableness of Internal Relocation When Persecution Is Attributed to Private Actors Court of Appeals for the...
Kabir v. Bondi: Re-affirming the “Pretextual Prosecution” Test for Anti-Corruption Asylum Claims

Kabir v. Bondi: Re-affirming the “Pretextual Prosecution” Test for Anti-Corruption Asylum Claims

Date: Jul 30, 2025
Kabir v. Bondi: Re-affirming the “Pretextual Prosecution” Test for Anti-Corruption Asylum Claims Introduction In Kabir v. Bondi, No. 23-6179 (2d Cir. July 25, 2025), the United States Court of...
Satymbaev v. Bondi: The Second Circuit’s Re-emphasis on Exhaustion and Corroboration in Asylum Proceedings

Satymbaev v. Bondi: The Second Circuit’s Re-emphasis on Exhaustion and Corroboration in Asylum Proceedings

Date: Jul 30, 2025
Satymbaev v. Bondi: The Second Circuit’s Re-emphasis on Exhaustion and Corroboration in Asylum Proceedings Introduction In Satymbaev v. Bondi, No. 22-6504 (2d Cir. July 25 2025) (summary order), the...
Re-affirming Credibility and Corroboration Duties in Asylum Law: A Commentary on Trejo Gomez v. Bondi (2d Cir. 2025)

Re-affirming Credibility and Corroboration Duties in Asylum Law: A Commentary on Trejo Gomez v. Bondi (2d Cir. 2025)

Date: Jul 30, 2025
Re-affirming Credibility and Corroboration Duties in Asylum Law: A Commentary on Trejo Gomez v. Bondi (2d Cir. 2025) 1. Introduction Trejo Gomez v. Bondi, No. 23-6468, is a 2025 summary order from...
“Meaningful Review” Re-Examined: Walker v. Bellnier and the Constitutional Limits on Rote Solitary-Confinement Assessments

“Meaningful Review” Re-Examined: Walker v. Bellnier and the Constitutional Limits on Rote Solitary-Confinement Assessments

Date: Jul 30, 2025
“Meaningful Review” Re-Examined: Walker v. Bellnier and the Constitutional Limits on Rote Solitary-Confinement Assessments 1. Introduction In Walker v. Bellnier, the United States Court of Appeals...
Mandatory Issue Exhaustion and the Serious-Nonpolitical-Crime Bar Extending to CAT Relief – Commentary on Anaya v. Bondi (2d Cir. 2025)

Mandatory Issue Exhaustion and the Serious-Nonpolitical-Crime Bar Extending to CAT Relief – Commentary on Anaya v. Bondi (2d Cir. 2025)

Date: Jul 26, 2025
Mandatory Issue Exhaustion and the Serious-Nonpolitical-Crime Bar Extending to CAT Relief – Commentary on Anaya v. Bondi (2d Cir. 2025) Introduction Anaya v. Bondi is a July 24, 2025 summary order of...
Aucacama-Azogue v. Bondi: Reaffirming the Nexus Parity and Government-Protection Thresholds in Asylum, Withholding, and CAT Claims

Aucacama-Azogue v. Bondi: Reaffirming the Nexus Parity and Government-Protection Thresholds in Asylum, Withholding, and CAT Claims

Date: Jul 26, 2025
Aucacama-Azogue v. Bondi: Reaffirming the Nexus Parity and Government-Protection Thresholds in Asylum, Withholding, and CAT Claims 1. Introduction Aucacama-Azogue v. Bondi is a 2025 summary order of...
“Rough Justice, Not Auditing Perfection” – The Second Circuit’s Robust Deference to District-Court Fee Awards under the IDEA

“Rough Justice, Not Auditing Perfection” – The Second Circuit’s Robust Deference to District-Court Fee Awards under the IDEA

Date: Jul 26, 2025
“Rough Justice, Not Auditing Perfection” – The Second Circuit’s Robust Deference to District-Court Fee Awards under the IDEA Introduction In Y.G. v. New York City Department of Education and eighteen...
Blecher v. Holy See — The “Mandatory-Compliance Shield”: When Following a Foreign Sovereign’s Policy Restores Immunity under the FSIA

Blecher v. Holy See — The “Mandatory-Compliance Shield”: When Following a Foreign Sovereign’s Policy Restores Immunity under the FSIA

Date: Jul 26, 2025
The “Mandatory-Compliance Shield”: Second Circuit Holds that Obedience to a Foreign Sovereign’s Policy Triggers the FSIA Discretionary Function Exclusion Introduction In Blecher v. Holy See, the...
“Good-Faith Reasonableness” Becomes the Test for Substantial-Justification under the IDEA Fee-Cap: A Commentary on N.G.B. v. New York City Department of Education (2d Cir. 2025)

“Good-Faith Reasonableness” Becomes the Test for Substantial-Justification under the IDEA Fee-Cap: A Commentary on N.G.B. v. New York City Department of Education (2d Cir. 2025)

Date: Jul 26, 2025
“Good-Faith Reasonableness” Becomes the Test for Substantial-Justification Under the IDEA’s Attorneys’-Fees Cap A Detailed Commentary on N.G.B. v. New York City Department of Education, 2d Cir., 2025...
“From Use-Based to Evidence-Based Nexus”: Second Circuit Re-calibrates Probable-Cause Requirements for Digital-Device Warrants

“From Use-Based to Evidence-Based Nexus”: Second Circuit Re-calibrates Probable-Cause Requirements for Digital-Device Warrants

Date: Jul 26, 2025
“From Use-Based to Evidence-Based Nexus”: United States v. Silva (2d Cir. 2025) and the New Standard for Cell-Phone Search Warrants 1. Introduction United States v. Silva marks the Second Circuit’s...
“Written-Terms Trump Hand-to-Hand Cash” – The Second Circuit’s Clarification of
U.C.C. §2-201/2-209, Apparent Authority and Foreseeability in Vista Food Exchange, Inc. v. Comercial De Alimentos Sanchez (2025)

“Written-Terms Trump Hand-to-Hand Cash” – The Second Circuit’s Clarification of U.C.C. §2-201/2-209, Apparent Authority and Foreseeability in Vista Food Exchange, Inc. v. Comercial De Alimentos Sanchez (2025)

Date: Jul 26, 2025
“Written-Terms Trump Hand-to-Hand Cash” – The Second Circuit’s Clarification of U.C.C. §§ 2-201 & 2-209, Apparent Authority and Foreseeability in Vista Food Exchange, Inc. v. Comercial De Alimentos...
Maldonado Esteban v. Bondi: Exhaustion as a Gate-Keeping Rule and the Enduring Reach of the N-A-M Framework in “Particularly Serious Crime” Analysis

Maldonado Esteban v. Bondi: Exhaustion as a Gate-Keeping Rule and the Enduring Reach of the N-A-M Framework in “Particularly Serious Crime” Analysis

Date: Jul 24, 2025
Maldonado Esteban v. Bondi: Exhaustion as a Gate-Keeping Rule and the Enduring Reach of the N-A-M Framework in “Particularly Serious Crime” Analysis 1. Introduction The Second Circuit’s summary order...
Clarifying the Internal-Relocation Standard: Singh v. Bondi (2d Cir. 2025)

Clarifying the Internal-Relocation Standard: Singh v. Bondi (2d Cir. 2025)

Date: Jul 24, 2025
Clarifying the Internal-Relocation Standard: Singh v. Bondi (2d Cir. 2025) Introduction Singh v. Bondi, No. 23-7009 (2d Cir. July 23, 2025), is a summary order from the United States Court of Appeals...
“Enhanced-Justification” Standard for BIA Clear-Error Reversals in CAT Cases: Commentary on Villalta Martinez v. Bondi (2d Cir. 2025)

“Enhanced-Justification” Standard for BIA Clear-Error Reversals in CAT Cases: Commentary on Villalta Martinez v. Bondi (2d Cir. 2025)

Date: Jul 24, 2025
“Enhanced-Justification” Standard for BIA Clear-Error Reversals in CAT Cases Comprehensive Commentary on Villalta Martinez v. Bondi, 24-115 (L) (2d Cir. July 23 2025) Introduction The United States...
“Fixed-at-Filing”: The Second Circuit’s New Rule on Judicial Documents and Public Access in Giuffre v. Maxwell (2025)

“Fixed-at-Filing”: The Second Circuit’s New Rule on Judicial Documents and Public Access in Giuffre v. Maxwell (2025)

Date: Jul 24, 2025
“Fixed-at-Filing”: The Second Circuit’s New Rule on Judicial Documents and Public Access Comprehensive Commentary on Giuffre v. Maxwell, 24-182-cv (2d Cir. 2025) 1. Introduction Giuffre v. Maxwell is...
“Central-Reason” Nexus Re-affirmed in Gang-Recruitment Cases: A Commentary on Deleg-Lopez v. Bondi (2d Cir. 2025)

“Central-Reason” Nexus Re-affirmed in Gang-Recruitment Cases: A Commentary on Deleg-Lopez v. Bondi (2d Cir. 2025)

Date: Jul 23, 2025
“Central-Reason” Nexus Re-affirmed in Gang-Recruitment Cases: Deleg-Lopez v. Bondi (2d Cir. 2025) 1. Introduction Deleg-Lopez v. Bondi presented the U.S. Court of Appeals for the Second Circuit with...
“Ensuring” Is Not “Compelling”:  Second Circuit Clarifies Standing and APA §706(1) Constraints under the No Surprises Act

“Ensuring” Is Not “Compelling”: Second Circuit Clarifies Standing and APA §706(1) Constraints under the No Surprises Act

Date: Jul 23, 2025
“Ensuring” Is Not “Compelling”: Second Circuit Clarifies Standing and APA §706(1) Constraints under the No Surprises Act Commentary on Neurological Surgery Practice of Long Island, PLLC v. U.S. Dep’t...
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