Appeals Division

2007 Second Circuit Briefs

US v. Santiago December 26, 2007 Criminal appeal by defendant challenging district court’s refusal to re-sentence on Crosby remand.
US v. Smalls December 13, 2007

Sentencing appeal by defendant alleging his sentence for violation of supervised release was procedurally and substantively unreasonable.

US v. Hawkins October 31, 2007 Government appeal from court’s grant of judgment of acquittal in drug conspiracy case.
US v. Villarini October 31, 2007 Sentencing appeal by defendant challenging district court’s reliance on his prior convictions to set his sentence.
US v. Casiano October 29, 2007

Sentencing appeal by defendant claiming that his below-guidelines sentence was unreasonable.

US v. Diaz October 26, 2007

Government appeal from sentence imposed below mandatory minimum 5-year sentence.

US v. John October 10, 2007 Sentencing appeal by defendant convicted of assaulting federal official, claiming that district court double-counted the fact that his assault involved physical contact when calculating his sentencing guidelines.
US v. Prater October 9, 2007

Sentencing appeal, challenging within-guidelines sentence as unreasonable, and contesting grouping of two counts

US v. Rosario October 4, 2007

Sentencing appeal by two criminal defendants, challenging safety-valve eligibility, criminal history score, and finding that firearm was possessed in relation to drug offense

US v. Peters September 21, 2007 Criminal appeal of sentence imposed upon revocation of supervised release.
Ma v. Chertoff September 19, 2007 Civil appeal challenging denial of attorney’s fees under the Equal Access to Justice Act.
Figueroa v. Gonzales September 10, 2007

Immigration brief by petitioner claiming benefits under the settlement agreement in American Baptist Churches v. Thornburgh.

US v. Tisdol August 31, 2007 Appeal by criminal defendant, challenging his arrest, evidentiary rulings, and sentencing.
US v. Puerta August 24, 2007

Criminal appeal by defendant challenging judicial factfinding that made him ineligible for safety-valve relief.

Poindexter v. US August 21, 2007

Criminal appeal by defendant challenging denial of his motion to reduce sentence.

US v. Burden August 15, 2007

Criminal appeal by 5 defendants raising multiple challenges to their convictions and sentences.

Rosado v. Potter August 14, 2007

Appeal by former postal worker challenging termination based on threats made to his supervisors.

Latifi v. Gonzales August 6, 2007

Petition for review filed by ethnic Albanian from Kosovo, seeking asylum

US v. Ogman August 1, 2007

Appeal by criminal defendant challenging denial of downward departure.

US v. Almontes July 23, 2007 Sentencing appeal by criminal defendant challenging denial of third acceptance-of-responsibility point.
US v. Mills July 17. 2007
Sentencing appeal by criminal defendant, claiming that his Connecticut escape conviction was not a violent felony.
US v. Szeta July 16, 2007 Criminal appeal by defendant convicted of child exploitation, challenging various aspects of sentencing.
Mathirampuzha v. US Postal Service July 11, 2007
Employment discrimination appeal by postal worker.

US v. Torres

July 10, 2007 Appeal by criminal defendant, claiming that his indictment did not adequately specify drug quantity.
US v. Nelson July 9, 2007
Sentencing appeal by criminal defendant, claiming that Connecticut youthful offender adjudications cannot be counted as part of his criminal history under the U.S. Sentencing Guidelines.
US v. Rivera June 29, 07 Criminal appeal by defendant convicted of child exploitation and pornography charges.
US v. Contreras June 8, 2007 Criminal appeal by 2 defendants raising sentencing issues and alleging that one defendant was not tried before an impartial jury.
Wright v. Astrue June 5, 2007 Social security appeal by claimant seeking disability benefits.
US v. Triumph June 4, 2007 Criminal appeal challenging admission of "flight" evidence at trial and raising multiple other challenges to his conviction on 10 counts of aiding and abetting the filing of false tax returns.
Borja-Arichabla v. Gonzales June 4, 2007
Immigration appeal by alien claiming that timely motion to reopen tolled his voluntary departure period.
DeRowley v. Gonzales June 1, 2007 Immigration appeal by alien arguing primarily that conspiracy to commit mail fraud is not an "aggravated felony" and that "Americanized Colombians" are a "particular social group" entitled to refugee status.
US v. Rodriguez May 23, 2007 Reply brief in support of government's appeal from suppression ruling.
US v. Johnson May 14, 2007 Criminal appeal by defendant claiming district court failed to inquire into potential conflict of interest and improperly submitted question of "constructive possession" to the jury.
US v. Mercado May 11, 2007 Criminal appeal by defendant convicted of murder in aid of racketeering enterprise.
Kadriovski v. Gonzales May 4, 2007 Immigration appeal challenging denial of motion to terminate proceedings and denial of applications for asylum and withholding of deportation.
Ahmend v. Gonzales April 30, 2007 Immigration appeal by Bangladeshi challenging denial of asylum and withholding claims on credibility grounds.
US v. Triumph Capital April 27, 2007 Criminal appeal by defendant convicted of bribing State Treasurer Paul Silvester.
Channer v. DHS April 18, 2007 Immigration appeal by alien raising res judicata defense to removal proceedings.
Charles v. Gonzales April 10, 2007 Immigration petition filed by Haitian claiming derivative U.S. citizenship..
Martins v. Gonzales April 2, 2007 Immigration appeal raising international law claims to challenge denial of motion to reopen.
US v. Ardila March 30, 2007 Criminal appeal by defendant who unsuccessfully sought continuance on the first day of trial.
US v. Stewart March 30, 2007 Criminal appeal by defendant challenging reliance by sentencing court on police report of intervening criminal conduct.
US v. Rodrigues March 28, 2007
Criminal appeal by alient challenging illegal reentry conviction, on ground that he was allegedly deprived of an opportunity for judicial review of his deportation order.

US v. James March 21, 2007 Appeal by criminal defendant, challenging sentence imposed after remand.
Chen v. INS March 12, 2007 Civil immigration appeal by Chinese petitioner, seeking refugee status because of Chinese family planning policy.
US v. Lespier March 5, 2007 Appeal by criminal defendant convicted of murder, claiming newly discovered evidence.
US v. Foster February 21, 2007 Criminal appeal involving challenge to a prior narcotics conviction used to enhance sentence.
US v. Clarke February 20, 2007 Criminal appeal challenging sentence and evidentiary ruling at trial.
US v. Delossantos, Rodriguez February 7, 2007 Government appeal from decision granting motion to suppress.
US v. Miles February 7, 2007 Criminal appeal by defendant claiming that search of his person exceeded the scope of his consent and, alternatively, that it was an invalid pat down search for weapons during a Terry stop.
Rhodes-Bradford v. Gonzales February 2, 2007 Immigration appeal by alien arguing that his conviction for first-degree larceny in Connecticut is not an aggravated felony and that the BIA lacked authority to enter an order of removal.
US v. Gonzales January 17, 2007
Criminal appeal by multiple defendants convicted after drug trial.
Li v. BCIS January 17, 2007 Immigration petition by aliens claiming that lawyer and non-lawyer provided ineffective assistance in asylum proceedings.
US v. Walker January 12, 2007 Multiple-issue appeal by two criminal defendants convicted of racketeering, drug charges after trial.
US v. Brown January 5, 2007 Sentencing appeal by criminal defendant, challenging below-guideline-range sentence.
US v. Baldwin January 5, 2007 Appeal by criminal defendant from denial of suppression motion, claiming that he was "seized" after he pulled over in response to police lights, even though he then immediately sped away.
Aguilar vs. Gonzales January 3, 2007 Petition for review by Guatemalan immigrant claiming to have registered for ABC benefits.


2006 Second Circuit Briefs

Zhu v. Gonzales December 27, 2006
Petition for review by Chinese aliens, challenging BIA's denial of motion to reopen/reconsider order of removal.
US v. Rahman December 22, 2006 Sentencing appeal by defendant claiming that court did not adequately explain why it imposed a within-guidelines sentence.
US v. Perez December 15, 2006 Criminal appeal by three defendants convicted of participating in interstate murder-for-hire scheme.
Daisodov v. Gonzales December 13, 2006
Petition for review by alien challenging deportation order based on allegations of fraud.
US v. Colon December 11, 2006
Criminal appeal by defendant challenging criminal history category at sentencing, and overall reasonableness of within-guidelines sentence.
US v. McGee November 29, 2006 Criminal appeal challenging district court's ruling on a downward departure for sentencing.
Peralte-Taveras v. Gonzales November 27, 2006 Immigration appeal challenging denial of simultaneous relief from removal under 212(c) and 240A.
Doas v. Gonzales October 18, 2006 Civil immigration appeal challenge denial of motion for continuance and denial of motion for change of venue.
US v. Youmans October 18, 2006 Criminal appeal by defendant challenging reasonableness of sentence and adequacy of judge's statement of reasons for the sentence.
Thompson v. Choinski October 3, 2006
Appeal from dismissal of habeas petition.
US v. Ganim September 25, 2006 Criminal appeal by defendant, the former mayor of Bridgeport, convicted of racketeering, bribery, and related charges challenging both conviction and sentence.
US v. Terry September 22, 2006 Criminal appeal by defendant convicted of drug conspiracy, claiming that he was a buyer of crack, and not a member of a larger conspiracy.
US v. Elmore September 18, 2006
Government's response and reply brief, in criminal appeal involving Fourth Amendment search and seizure issues.
Wala v. Gonzales September 11, 2006 Petition for review by alien facing removal, arguing that burglary conviction did not involve larceny with intent to permanently deprive owner of property.
US v. Goodwin September 8, 2006
Appeal by criminal defendant challenging reasonableness of 188-month sentence within advisory Guidelines range.
US v. Cosme September 1, 2006
Criminal appeal by drug defendant, challenging voluntary nature of guilty plea, and seeking resentencing after Booker.
32 Medley Lane v. US August 30, 2006 Civil appeal raising Eighth Amendment challenge to forfeiture of house.
US v. Braithwaite August 28, 2006

Criminal appeal by defendant who was fugitive for eight years.

US v. Evans August 22, 2006 Criminal appeal by defendant challenging sentence for drug crimes.
Ibarra-Avalos v. Sec. Homeland Security August 18, 2006
Petition for review by asylum claimant, arguing that voluntary departure order was signed by wrong official.
US v. Restrepo, Barrientos August 14, 2006 Appeal by defendant convicted of drug trafficking, challenging reasonableness of sentence.
US v. Newton June 19, 2006 Criminal appeal by former State Senator, claiming that district court violated Ex Post Facto Clause by applying Guidelines Manual which took effect after completion of two counts of conviction, but before completion of third count of conviction.
US v. Canova June 16, 2006
Reply brief in government sentencing appeal, arguing that probationary sentence in white-collar case was unreasonably low.
Blake v. Gonzales June 14, 2006
Petition for review by removable alien, claiming that prior conviction for assaulting police officer is not a "crime of violence".
US v. Coleman June 12. 2006 Criminal appeal from drug trial, challenging sufficiency of evidence and jury instructions regarding witness testimony.
Guillaume v. Gonzales June 8, 2006 Petition for review by alien raising claim under Convention Against Torture based on conditions in Haitian prisons.
Yuhter v. Gonzales May 17, 2006
Petition for review by alien found to have committed visa fraud.
Shyamalan v. Gonzales May 15, 2006 Petition for review by alien found removable for helping another alien to illegally enter the United States.
US v. Thompson May 10, 2006
Sentencing appeal by criminal defendant, challenging career offender designation.
Sutisna v. Gonzales May 8, 2006
Petition for review by Indonesian asylum petitioner whose testimony was found incredible by Immigration Judge.
US v. Nurse April 26, 2006
Appeal by criminal defendant, challenging adequacy of court's statement of reasons in imposing two-year sentence for violation of supervised release.
Montoya-Vallejo v. Gonzales April 21, 2006 Petition for review by Colombian asylum applicant.
US v. Canova April 10, 2006
Government sentencing appeal, challenging probationary sentence in white-collar fraud case.
US v. Wells April 10, 2006 Sentencing appeal by criminal defendant, challenging upward departure for being a repeat sex offender.
Remy v. Chadbourne April 4, 2006
Appeal by deportable alien detained in Louisiana, challenging district court's dismissal of habeas claim for lack of personal jurisdiction over proper respondent
US v. Elmore April 3, 2006
Government appeal from suppression of evidence obtained as a result of traffic stop.
US v. Andrews March 23, 2006 Criminal appeal by defendant convicted of various corruption & false-statement charges after trial, stemming from State Treasury corruption investigation.
Chaves-Loez v. Gonzales March 15, 2006 Civil immigration appeal by Colombian asylum petitioner, claiming extortion by guerrillas.
US v. Thomas March 13, 2006
Criminal appeal from denial of suppression motion, after police frisked him for weapons in high-crime area of Hartford.
Sarmiento v. Gonzales February 28, 2006
Immigration appeal by Colombian asylum petitioner, claiming that he was threatened by guerrillas.
Abimbola v. Chertoff February 23, 2006

Appeal by removable alien, claiming that his detention pending removal to Nigeria has been unduly prolonged.

Liu v. Gonzales February 14, 2006 Immigration appeal by Chinese asylum petitioner, claiming fear of persecution under population-control policy.
Mutonyi v. Gonzales February 13, 2006 Immigration appeal by Ugandan asylum applicant claiming persecution as member of social group constituted by "professional women".
US v. Torres January 25, 2006 Criminal defendant raises multiple challenges to conviction and sentence in drug conspiracy case.
US v. Green January 19, 2006 Appeal by criminal defendant, claiming that the nature of his prior drug conviction was not adequately proven by New York court documents

 

2005 Second Circuit Briefs

Marulanda v. Gonzales December 16, 2005 Civil immigration appeal by Colombian asylum petitioner, claiming extortion from local guerrillas
Lin v. Gonzales December 16, 2005 Civil immigration appeal by Chinese asylum petitioner, with two children born in USA
US v. Carter December 6, 2005 criminal appeal, challenging automobile search, admission of expert testimony and photographs, and sufficiency of evidence that armed robbery of jewelry store affected interstate commerce
Dreni v. Gonzales November 15, 2005 Civil immigration appeal by Albanian asylum petitioner claiming political persecution.
US v. Moore November 14, 2005 Appeal from denial of habeas petition alleging ineffective assistance of counsel.
US v. Davila November 14, 2005 Appeal by criminal defendant in anthrax hoax case, convicted of threatening to use weapon of mass destruction and using U.S. mail to convey a threat to injure another person.
US v. Echeverri November 2, 2005 Sentencing appeal by defendant, contesting drug quantity.
US v. Vaughn September 21, 2005 Sentencing appeal by criminal defendant, challenging district court's finding that he used sophisticated means to carry out identity theft scheme, and that he played supervisory role
US v. Haygood September 15, 2005 Criminal appeal challenging denial of motion to suppress
US v. Cato September 14, 2005 Criminal appeal challenging jury instruction and evidentiary rulings
Spina v. DHS September 2, 2005 Immigration appeal challenging calculation of time of imprisonment to determine eligibility for 212c relief
Aziz v. Gonzales September1, 2005 Civil immigration petition for review claiming entitlement to section 212c relief from deportation, and arguing that conviction for illegal sales of drug prescriptions is not aggravated felony
US v. Vitale August 18, 2005 appeal by criminal defendant from fraud conviction, claiming violation of Sixth Amendment Confrontation Clause and juror bias
Yang v. Gonzales August 18, 2005 civil immigration appeal by Chinese asylum petitioner, claiming persecution as Falun Gong practitioner
Zho v. Gonzales August 5, 2005 civil immigration appeal by Chinese asylum seeker claiming persecution in relation to Falun Gong
Gao v. Gonzales August 4, 2005 civil immigration appeal by Chinese asylum petitioner
Teresa T v. US August 1, 2005 Civil appeal challenging district court's refusal to equitably toll FTCA statute of limitations
US v. Luke Jones July 25, 2005 Appeal by criminal defendant after complex racketeering trial involving drug and murder conspiracies in Bridgeport's P.T. Barnum housing project
Usmani v. US July 25, 2005 Civil immigration appeal by petitioner challenging dismissal by district court for failure to exhaust administrative remedies

US v. Hammond July 19, 2005 appeal by criminal defendant of evidentiary ruling
US v. Frank Estrada July 11, 2005 Two criminal defendants appeal from drug conspiracy convictions and sentences
US v. Holguin July 6, 2005 Criminal appeal involving constitutionality of safety-valve sentencing provision in light of United States v. Booker.
Chen v. Gonzales July 6, 2005 Civil immigration appeal by Chinese asylum petitioner, challenging BIA's denial of motion to reopen
Kovalyk v. Gonzales July 5, 2005
Civil immigration appeal by Ukrainian asylum applicants
Bakowski v. Hunt June 13, 2005 civil appeal challenging decision on accrual of statute of limitations under the Federal Tort Claims Act

Manrique v. Ashcroft May 25, 2005 civil immigration appeal by Colombian asylum petitioner
Murphy v. US May 20, 2005 civil appeal by plaintiffs challenging settlements under the Military Claims Act
US v. McCrorey May 11, 2005 appeal by criminal defendant challenging voluntariness of plea in light of United States v. Booker
Li v. Ashcroft March 21, 2005 civil immigration appeal by Chinese asylum petitioner
US v. Perez March 14, 2005 appeal by criminal defendant of interstate murder-for-hire charges
Santos v. Ashcroft February 18, 2005 civil immigration petition by aggravated felon
US v. Rivera January 26, 2005 reply brief in support of government's cross-appeal of district court's failure to sentence under the Armed Career Criminal Act
Mohamed v. Ashcroft January 24, 2005 civil immigration appeal by Somali asylum petitioner
US v. Celis January 18, 2005 appeal by criminal defendant convicted of making false statements to obtain security clearance at Sikorsky Aircraft
Bala v. Ashcroft January 12, 2005 civil immigration appeal by Albanian asylum petitioner
Tun v. Immigration and Naturalization Services January 10, 2005 civil immigration appeal from Burmese asylum petitioner
US v. Miller January 10, 2005 sentencing appeal by criminal defendant, challenging upward departure based on criminal history
Niver v. Ashcroft January 5, 2005 immigration appeal by Polish citizen found removable based on robbery convictions, raising claims involving U.S. nationality, failure to transfer to Court of Appeals, and invalidity of state convictions
Diallo v. Ashcroft January 3, 2005 civil immigration appeal by Guinean asylum petitioner


2004 Second Circuit Briefs


US v. Delgado December 23, 2004 appeal by criminal defendant convicted of trafficking in stolen credit card information
US v. Godding December 9, 2004 reply brief in government appeal from criminal sentence based on downward departures
Bankole v. Immigration and Naturalization Services December 9, 2004 immigration habeas appeal by Nigerian citizen ordered deported on basis of aggravated felony convictions, raising claims under Torture Convention and section 212(h) of INA
US v. Rivera December 8, 2004 appeal by criminal defendant convicted of being a felon in possession of a sawed-off shotgun, and cross-appeal by government concerning failure to sentence under the Armed Career Criminal Act
US v. Wallace and Thomas December 3, 2004 two criminal defendants appeal from drive-by murder, drug conspiracy, and firearms convictions and sentences
US v. Torro December 1, 2004 government sentencing appeal after district court applied Blakely v. United States after remand from earlier successful government appeal
Lam v. Ashcroft December 1, 2004 civil immigration appeal by Chinese asylum petitioner
Qiu v. Ashcroft November 24, 2004 civil immigration appeal by Chinese asylum petitioner
Salame v. Ashcroft November 17, 2004 civil immigration appeal by Lebanese asylum applicant

US v. Soler November 15, 2004 appeal by criminal defendant of denial of motion to withdraw guilty plea
Urita v. Aschroft November 12, 2004 civil immigration appeal of Albanian asylum petitioner
US v. Burden November 2, 2004 Government reply brief, in appeal of order granting new trial in case involving murder in aid of racketeering
Singh v. Ashcroft October 20, 2004 civil immigration appeal, contesting adverse asylum and withholding-of-removal determination
Previlon v. Ashcroft October 15, 2004 civil immigration appeal, contesting adverse asylum and withholding-of-removal determination

US v. Godding October 13, 2004 government appeal from criminal sentence based on downward departures
US v. Schneiderhan October 8, 2004 Appeal (in First Circuit) by criminal defendant convicted of obstructing justice in search for fugitive Boston crime figure James "Whitey" Bulger, raising Brady, evidentiary, and Blakely claims.
US v. Gerancon October 7, 2004 appeal by criminal defendant convicted of drug offenses, claiming sentencing manipulation and Blakely error
Bouyea v. United States October 1, 2004 appeal by criminal defendant from denial of habeas relief, alleging ineffective assistance of counsel for failure to challenge reasonable-doubt instructions
US v. Miley September 24, 2004 appeal by criminal defendant convicted of being a felon in illegal possession of ammunition
US v. Sinclair September 20, 2004 appeal by criminal defendant convicted of illegally re-entering United States after being deported
US v. Hayes September 15, 2004 appeal by criminal defendant of conviction and sentence for illegal gun possession
US v. Snape September 2, 2004 appeal by criminal defendant of conviction and sentence for illegal gun possession
US v. Estrada August 27, 2004 appeal of sentence by criminal defendant, contesting drug quantity and role in offense
Us v. Durrani August 25, 2004 appeal by defendant -- convicted of illegally exporting arms to Iran in 1987, and subsequently deported -- from district court's refusal in 2003 to vacate conviction on writ of error coram nobis or audita querela
DiBrino v. Principi August 16, 2004 appeal from summary judgment in employment-discrimination case
US v. Giordano August 2, 2004 appeal of conviction and sentence by former Waterbury Mayor, convicted of civil rights violations and sex-related charges.
Filsaime v. Ashcroft July 30, 2004 appeal by deported alien of removal order, raising questions of claim-preclusion, whether Attorney General is proper respondent, and preservation of Torture Convention claim
USA v. Burden July 29, 2004 government appeal of order granting new trial in case involving murder in aid of racketeering
USA v. St. Surin July 1, 2004 challenge to sufficiency of evidence and Jencks Act disclosure of witness statement
Richards v. Ashcroft June 16, 2004 Appeal by criminal alien contending that prior conviction for second-degree forgery was not deportable "aggravated felony" offense
USA v. Gomes June 8, 2004 appeal by criminal defendant from order granting request to administer involuntary antipsychotic medication to render defendant competent to stand trial
Kincade v. Snow June 3, 2004 appeal by plaintiff from denial of Title VII discrimination claim
USA v. Santiago April 7, 2004 appeal by criminal defendant challenging constitutionality of federal felon-in-possession firearm law
USA v. Vasquez April 7, 2004 sentencing appeal of prison guard who sexually abused inmates
USA v. Lasaga April 7, 2004 sentencing appeal of defendant convicted for child pornography
USA v. Mills March 24, 2004 government appeal of order suppressing defendant's uncounseled statements under Sixth Amendment

 

Return to Top

USAO Homepage
USAO Briefing Room
Justice 101
Project Safe Neighborhoods

Our nation-wide commitment to reducing gun crime in America.

Victim Witness Assistance

Making sure that victims of federal crimes are treated with compassion, fairness and respect.

Stay Connected with Twitter