2d Circuit Case Commentaries

Post-Deprivation State Remedies Defeat § 1983 Due Process Claims for Unauthorized Property Seizures; Sherman Act Pleading Requires Market-Wide Competitive Harm

Date: Apr 22, 2026

Post-Deprivation State Remedies Defeat § 1983 Due Process Claims for Unauthorized Property Seizures; Sherman Act Pleading Requires Market-Wide Competitive Harm Introduction In Ams. Choice Veterans...

MVRA Restitution in “Fraudulent Clinic” No-Fault Schemes: Full Reimbursement as Loss, Joint-and-Several Liability, and Defendant-Borne Offset Proof

Date: Apr 22, 2026

MVRA Restitution in “Fraudulent Clinic” No-Fault Schemes: Full Reimbursement as Loss, Joint-and-Several Liability, and Defendant-Borne Offset Proof 1. Introduction United States v. Israilov (2d Cir....

United States v. Gnahore: Intended-Loss Stipulations After Rainford Are Not Ineffective Assistance; Acquittals Do Not Create Retroactive Misjoinder; Post‑Trial Rule 17(c) “Fishing Expeditions” Properly Denied

Date: Apr 21, 2026

United States v. Gnahore: Intended-Loss Stipulations After Rainford Are Not Ineffective Assistance; Acquittals Do Not Create Retroactive Misjoinder; Post‑Trial Rule 17(c) “Fishing Expeditions”...

Williams v. Smith — Expired Eligibility Defeats Standing for APA Delay Claims; FAA Interpretive Letters Are Notice-and-Comment Exempt

Date: Apr 20, 2026

Williams v. Smith — Expired Eligibility Defeats Standing for APA Delay Claims; FAA Interpretive Letters Are Notice-and-Comment Exempt 1. Introduction In Williams v. Smith (2d Cir. Apr. 17, 2026)...

Remand Futility in Asylum Appeals: Nexus Error Does Not Require Remand Where Lack of Future Persecution Independently Defeats Relief

Date: Apr 20, 2026

Remand Futility in Asylum Appeals: Nexus Error Does Not Require Remand Where Lack of Future Persecution Independently Defeats Relief I. Introduction In Carbajal-Carbajal v. Blanche (2d Cir. Apr. 16,...

Advocacy Organizations Cannot “Spend Their Way” Into Article III Standing; Increased-Risk Standing Requires Non-Speculative, Corroborated Facts

Date: Apr 20, 2026

Advocacy Organizations Cannot “Spend Their Way” Into Article III Standing; Increased-Risk Standing Requires Non-Speculative, Corroborated Facts Introduction In Farm Sanctuary v. United States...

Williams v. Trans Union LLC — Procedural Forfeiture, Judicial Notice on Rule 12 Motions, and No Sua Sponte Leave to Amend for Pro Se Attorneys

Date: Apr 20, 2026

Williams v. Trans Union LLC — Procedural Forfeiture, Judicial Notice on Rule 12 Motions, and No Sua Sponte Leave to Amend for Pro Se Attorneys 1. Introduction In Williams v. Trans Union LLC (2d Cir....

Crypto-Ponzi Prosecutions: Prior-Fraud 404(b) Evidence and “Red Flag” Willful Blindness Sustain Wire-Fraud Conspiracy Convictions (United States v. Carmona)

Date: Apr 20, 2026

Crypto-Ponzi Prosecutions: Prior-Fraud 404(b) Evidence and “Red Flag” Willful Blindness Sustain Wire-Fraud Conspiracy Convictions (United States v. Carmona) Introduction In United States v. Carmona...

Issue Exhaustion Controls: Unchallenged BIA Waiver Bars Asylum/Withholding Review; CAT Relief Requires Proof of Government Acquiescence

Date: Apr 16, 2026

Issue Exhaustion Controls: Unchallenged BIA Waiver Bars Asylum/Withholding Review; CAT Relief Requires Proof of Government Acquiescence 1. Introduction Gonzalez Gonzalez v. Blanche (2d Cir. Apr. 13,...

Pleading an Oral Joint Venture for Crypto Profits Requires Concrete Allegations of Capital Contribution, Joint Control, and Profit/Loss Sharing

Date: Apr 16, 2026

Pleading an Oral Joint Venture for Crypto Profits Requires Concrete Allegations of Capital Contribution, Joint Control, and Profit/Loss Sharing Introduction In Tesla v. Pelinkovic (2d Cir. Apr. 13,...

Issue-Abandonment in Immigration Petitions: Failure to Challenge Dispositive Findings (Including Internal Relocation) Defeats Asylum/CAT Claims; Continuance Denials Require Prejudice

Date: Apr 16, 2026

Issue-Abandonment in Immigration Petitions: Failure to Challenge Dispositive Findings (Including Internal Relocation) Defeats Asylum/CAT Claims; Continuance Denials Require Prejudice Case: Sheraz v....

United States v. Pence: Voluntary Questioning in an FBI Vehicle During Warrant Execution Is Not “Custody” for Miranda When the Suspect Is Told He Is Not Under Arrest and Is Not Restrained

Date: Apr 16, 2026

United States v. Pence: Voluntary Questioning in an FBI Vehicle During Warrant Execution Is Not “Custody” for Miranda When the Suspect Is Told He Is Not Under Arrest and Is Not Restrained...

Post–Loper Bright, the Second Circuit Reaffirms Wei Sun: No Pre-Decision Notice Requirement for Corroboration, and Pattern-or-Practice Claims Still Require Proof of Group Inclusion

Date: Apr 16, 2026

Post–Loper Bright, the Second Circuit Reaffirms Wei Sun: No Pre-Decision Notice Requirement for Corroboration, and Pattern-or-Practice Claims Still Require Proof of Group Inclusion 1. Introduction In...

“Vulnerability” and Crime-Reporting Victimhood Are Not Enough: Particular Social Group Precision, Exhaustion, and Nexus Limits in Gang-Extortion Asylum Claims

Date: Apr 16, 2026

“Vulnerability” and Crime-Reporting Victimhood Are Not Enough: Particular Social Group Precision, Exhaustion, and Nexus Limits in Gang-Extortion Asylum Claims 1. Introduction In Diaz Pulig v. Blanche...

Esposito v. Gary: Pleading Legal Malpractice Requires Plausible Negligence and “But-For” Causation; Optimistic Litigation Predictions Are Not Negligent Misrepresentation

Date: Apr 16, 2026

Esposito v. Gary: Pleading Legal Malpractice Requires Plausible Negligence and “But-For” Causation; Optimistic Litigation Predictions Are Not Negligent Misrepresentation 1. Introduction In Esposito...

Second Circuit: Plausible Fourth Amendment Firearms-Seizure Claim Survives § 1915(e) Screening; Implied Consent to Enter May Be Revoked

Date: Apr 16, 2026

Second Circuit: Plausible Fourth Amendment Firearms-Seizure Claim Survives § 1915(e) Screening; Implied Consent to Enter May Be Revoked I. Introduction In Campbell v. Broome County (2d Cir. Apr. 9,...

Section 1326(d) Is Strictly Mandatory: Palomar-Santiago Abrogates Sosa’s “Invalid Waiver” Exception

Date: Apr 16, 2026

Section 1326(d) Is Strictly Mandatory: Palomar-Santiago Abrogates Sosa’s “Invalid Waiver” Exception 1. Introduction In United States v. Manuel Zumba Mejia (Second Circuit, Apr. 9, 2026), the...

Article 78 Adequacy and Personal Involvement as Threshold Bars to § 1983 Search/Seizure and Due Process Claims (and Monell’s Policy-or-Custom Requirement)

Date: Apr 16, 2026

Article 78 Adequacy and Personal Involvement as Threshold Bars to § 1983 Search/Seizure and Due Process Claims (and Monell’s Policy-or-Custom Requirement) 1. Introduction Campbell v. City of...

Agency Must Consider Race Nexus and Conflicting Country-Conditions Evidence When Assessing PSG Social Distinction and “Unable or Unwilling to Protect”

Date: Apr 10, 2026

Agency Must Consider Race Nexus and Conflicting Country-Conditions Evidence When Assessing PSG Social Distinction and “Unable or Unwilling to Protect” Nonprecedential posture: The Second Circuit...

Second Circuit Reaffirms Absolute Immunity for Court-Integrated Actors and Enforces Waiver for Untimely Objections to a Magistrate Judge’s Report

Date: Apr 10, 2026

Second Circuit Reaffirms Absolute Immunity for Court-Integrated Actors and Enforces Waiver for Untimely Objections to a Magistrate Judge’s Report Introduction In Weilburg v. Fitzgerald (2d Cir. Apr....

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