Case law

National Labor Relations Board v. Elvine Knitting Mills, Inc.

138 F.2d 633 · Court of Appeals for the Second Circuit · Oct 26, 1943

In a supplemental brief respondent asserted that the Board’s petition was barred by reason of a statute passed after the petition was filed in this court. … More broadly still it asserts that such a claim is not within our powers of review, under § 10(e) of the Act, 29 U.S.C.A. § 160 (e), or one that respondent may raise, under Alabama Power Co. v.

Jian Rong Xiao v. Board of Immigration Appeals

213 F. App'x 38 · Court of Appeals for the Second Circuit · Jan 11, 2007

Cao He Lin v. U.S. Dep’t of Justice, 428 F.3d 391, 406 (2d Cir.2005); Tian-Yong Chen v. INS, 359 F.3d 121, 129 (2d Cir.2004); see also Xiao Ji Chen v. U.S. … See Latifi v. Gonzales, 430 F.3d 103, 105 (2d Cir.2005); Ming Shi Xue v. BIA, 439 F.3d 111, 124-25 (2d Cir.2006).

Byrne Dairy, Inc. v. National Labor Relations Board

431 F.2d 1363 · Court of Appeals for the Second Circuit · Sep 9, 1970

A majority of the Board’s three-man panel, affirming the trial examiner, found precisely that. … We must uphold the Board when, as here, there is a fair basis for concluding the employer had crossed the line and seriously impaired the likelihood of a fair election. See Note, NLRB v.

National Labor Relations Board v. Local No. 1261

222 F.2d 542 · Court of Appeals for the Second Circuit · May 20, 1955

The record as a whole supports the Board’s conclusions that the alleged .agreement existed and was enforced in ■ order to “encourage or discourage membership in a labor organization.” … Universal Camera Corp. v. N. L. R. B., 340 U.S. 474 , 71 S.Ct. 456 , 95 L.Ed. 456 ; National Labor Relations Board v.

Simeonov v. Board of Immigration Appeals

235 F. App'x 760 · Court of Appeals for the Second Circuit · May 7, 2007

See Islami v. Gonzales, 412 F.3d 391, 397-98 (2d Cir.2005). … See Li Yong Cao v.

Coto v. New York City Board of Elections

101 F.3d 803 · Court of Appeals for the Second Circuit · Oct 8, 1996

As explained in the companion opinion Gold v. … See Coto v. New York City Bd. of Elections, 97 F.3d 680 (2d Cir.1996).

Choh v. Brown University

Court of Appeals for the Second Circuit · May 1, 2026

See Choh v. Brown University, 753 F. Supp. 3d 117, 137 (D. Conn. 2024). … Brown Shoe Co. v. United States, 370 U.S. 294, 325–26 (1962). Our conclusion is bolstered by the Supreme Court’s reasoning in National Collegiate Athletic Association (NCAA) v. Alston, 594 U.S. 69 (2021).

National Labor Relations Board v. Bridgeport Ambulance Service

966 F.2d 725 · Court of Appeals for the Second Circuit · Jun 10, 1992

See NLRB v. A. … An employer’s motivation is a factual question committed in the first instance to the Board. United Aircraft Corp. v. NLRB, 440 F.2d 85, 91-92 (2d Cir.1971).

National Labor Relations Board v. Pratt, Read & Co., Inc

191 F.2d 1006 · Court of Appeals for the Second Circuit · Nov 2, 1951

See American Communications Ass’n v. Douds, 339 U.S. 382, 385-386 , 70 S.Ct. 674 , 94 L.Ed. 925 ; Developments in the Law — The Taft-Hartley Act, 64 Harv.L.Rev. 781, 793. … For the foregoing reasons the order of the Board should be enforced. Enforcement granted.

Ali v. Board of Immigration Appeals

199 F. App'x 78 · Court of Appeals for the Second Circuit · Nov 3, 2006

SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a decision of the Board of Immigration Appeals (“BIA”), it is hereby ORDERED, ADJUDGED, AND DECREED, that the petition for review is DENIED. … See, e.g., Twum v. INS, 411 F.3d 54, 59 (2d Cir.2005); Yu Sheng Zhang v. U.S. Dep’t of Justice, 362 F.3d 155, 159 (2d Cir.2004).

Singh v. Board of Immigration Appeals

201 F. App'x 51 · Court of Appeals for the Second Circuit · Oct 19, 2006

Cao He Lin v. U.S. Dep’t of Justice, 428 F.3d 391, 395, 406 (2d Cir.2005); TianYong Chen v. INS, 359 F.3d 121, 129 (2d Cir.2004); see also Xiao Ji Chen v. U.S. … See Diallo v.

Dervishi ex rel. T.D. v. Stamford Board of Education

691 F. App'x 651 · Court of Appeals for the Second Circuit · Oct 6, 2016

Polera v. Bd. of Educ., 288 F.3d 478, 481 (2d Cir. 2002). Here, the district court properly dismissed Dervishi’s claims as unex-hausted. … Cave v. E. Meadow Union Free Sch. Dist., 514 F.3d 240, 245 (2d Cir. 2008) (citing 20 U.S.C. § 1415 (i)(2)(A)).

Singh v. Board of Immigration Appeals

230 F. App'x 47 · Court of Appeals for the Second Circuit · May 3, 2007

SUMMARY ORDER Petitioner Jeet Singh, a native and citizen of India, seeks review of a February 28, 2006 order of the Board of Immigration Appeals (“BIA”) affirming the November 1, 2004 decision of Immigration Judge (“IJ”) … See Paul v. Gonzales, 444 F.3d 148, 156 (2d Cir.2006). Singh has failed to present any meaningful challenge to the denial of his CAT claim. Accordingly, the petitioner waived his CAT claim. See Mirzoyan v.

Singh v. Board of Immigration Appeals

203 F. App'x 346 · Court of Appeals for the Second Circuit · Oct 10, 2006

Yan Chen v. Gonzales, 417 F.3d 268, 271 (2d Cir.2005). This court reviews the agency’s factual findings, including adverse credibility findings, under the substantial evidence standard. Xiao Ji Chen v. U.S. … See 8 C.F.R. § 208.16 (b); Is lami v. Gonzales, 412 F.3d 391, 395 (2d Cir.2005).

Singh v. Board of Immigration Appeals

184 F. App'x 78 · Court of Appeals for the Second Circuit · Jun 2, 2006

. § 1252 (b)(4)(B); Jin Hui Gao v. United States Att’y Gen., 400 F.3d 963, 964 (2d Cir.2005); Zhou Yun Zhang v. INS, 386 F.3d 66, 73-79 (2d Cir.2004); Ramsameachire v. … See Wu Biao Chen v. INS, 344 F.3d 272, 275 (2d Cir.2003).

EDRO Corp. v. National Labor Relations Board

650 F. App'x 789 · Court of Appeals for the Second Circuit · May 31, 2016

“Factual findings of the Board will not be disturbed if they are supported by substantial evidence in light of the record as a whole.” N.L.R.B. v. Starbucks Corp., 679 F.3d 70, 77 (2d Cir. 2012) (quoting N.L.R.B. v. … Further, the Board “has ‘broad discretion’ in fashioning remedial orders.” Mohave Elec. Co-op., Inc. v. N.L.R.B., 206 F.3d 1183, 1192 (D.C. Cir. 2000) (quoting ABF Freight System, Inc. v.

National Labor Relations Board v. New York Telephone Company

930 F.2d 1009 · Court of Appeals for the Second Circuit · Apr 16, 1991

NLRB v. Acme Industrial Co., 385 U.S. 432, 435-36 , 87 S.Ct. 565, 567-68 , 17 L.Ed.2d 495 (1967). … E.g., Olivetti Office U.S.A., Inc. v. NLRB, 926 F.2d 181 , 187 (2d Cir.1991); NLRB v. United Technologies Corp., 884 F.2d 1569 , 1575 (2d Cir.1989); Chesapeake & Potomac Telephone Co. v.

Sahibjan v. Board of Immigration Appeals

200 F. App'x 42 · Court of Appeals for the Second Circuit · Oct 6, 2006

See, e.g., Chun Gao v. Gonzales, 424 F.3d 122, 124 (2d Cir.2005); Secaida-Rosales v. INS, 331 F.3d 297, 305 (2d Cir.2003). … Iavorski v. INS, 232 F.3d 124, 128 (2d Cir.2000).

Mannion v. United States Shipping Board Emergency Fleet Corp.

9 F.2d 894 · Court of Appeals for the Second Circuit · Nov 9, 1925

R. v. Johnson, 264 U. S. 375 , 44 S. Ct. 391 , 68 L. Ed. 748 . … Shepard v. Adams, 168 U. S. 618 , 18 S. Ct. 214 , 42 L. Ed. 402 ; Boston & Me. R. v. Gokey, 210 U. S. 155 , 28 S. Ct. 657 , 52 L. Ed. 1002 .

Singh v. Board of Immigration Appeals

182 F. App'x 55 · Court of Appeals for the Second Circuit · May 25, 2006

See Ke Zhen Zhao v. U.S. Dep’t of Justice, 265 F.3d 83 , 93 (2d Cir.2001). … See 8 C.F.R. § 1003.2 (c)(1); INS v. Abudu, 485 U.S. 94, 104-05 , 108 S.Ct. 904 , 99 L.Ed.2d 90 (1988).