Findlaw Case Summaries: Second Circuit US Court of Appeals

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December 18, 22 2008.

CRIMINAL LAW & PROCEDURE, HABEAS CORPUS, IMMIGRATION LAW
Martinez v. Mukasey, No. 07-3031
Where Petitioner’s state drug conviction could have been for nonremunerative transfer of as little as two grams of marijuana, his conviction is the equivalent of a federal misdemeanor under the Controlled Substances Act and therefore not an aggravated felony under the INA.

GOVERNMENT LAW, LABOR & EMPLOYMENT LAW, PER CURIAM
Burch v. Pioneer Credit Recovery, Inc. , No. 072963
In a per curiam decision reviewing claim by plaintiff against defendant-former employer for violation of the Privacy Act by photocopying and otherwise impermissibly handling his security clearance package, dismissal of plaintiff’s claim is affirmed where: 1) plaintiff did not plead factual allegations sufficient to make a plausible claim that his employer was a “government controlled corporation”; and 2) the claim therefore failed to state a cause of action under the Privacy Act.