Findlaw Case Summaries: Second Circuit U.S. Court of Appeals 1

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ADMIRALTY, INTERNATIONAL TRADE, TRANSPORTATION
Rexroth Hydraudyne B.V. v. Ocean World Lines, Inc., No. 071207
Order awarding defendants partial summary judgment and limiting their liability to $13,500 pursuant to the Carriage of Goods by Sea Act is affirmed where: 1) defendants did not fall within the statutory grasp of the Carmack Amendment; and 2) defendants were therefore entitled to employ the contractual limitations of liability set out in the through bills of lading.

CRIMINAL LAW & PROCEDURE, IMMIGRATION LAW
Mendez v. Mukasey, No. 071114
In an immigration appeal, petition for review of decision ordering petitioner’s removal is denied where first degree larceny in the form of “defrauding a public community” is a crime involving moral turpitude

CRIMINAL LAW & PROCEDURE, EVIDENCE
US v. Hamilton, No. 06-2933
Conviction for conspiracy to distribute and possess with intent to distribute marijuana is remanded for further proceedings where defendant’s motion to suppress evidence seized from a house, in which he claimed a privacy interest, could not properly be denied on grounds of lack of standing without a hearing. (Amended opinion)

IMMIGRATION LAW, INTERNATIONAL LAW
Balachova v. Mukasey, No. 072278, 072279
Review of decision directing removal of husband and wife petitioners to Russia and denying asylum, withholding of removal, and relief under the Convention Against Torture is dismissed in part, granted in part, and the order of removal is vacated where: 1) wife-petitioner’s claims were dismissed for failure to exhaust administrative remedies; 2) there were numerous errors in assessing husband-petitioner’s applications for asylum and withholding of removal; 3) IJ’s conclusion that husband-petitioner must have participated in the stated abuse because he equivocated the meaning of “rape” was not supported by substantial evidence; and 4) wife-petitioner may be eligible for derivative relief based on her husband’s application.