Justia U.S. 1st Circuit Court of Appeals Opinion Summaries

Petitioner, a native and citizen of the People's Republic of China, sought asylum and withholding of removal. The immigration judge (IJ) denied relief and ordered Petitioner removed to China. The board of immigration appeals (BIA) affirmed the IJ's decision. About eight years later, Petitioner filed a motion with the BIA to reopen her case, claiming that she had converted to Christianity and that because conditions related to treatment of Christians in China had significantly worsened, she fell within the "changed country conditions" exception to the rule that a motion to reopen must be filed within ninety days of the final administrative decision. The BIA denied the motion. The First Circuit Court of Appeals denied Petitioner's petition for review, holding that the BIA did not abuse its discretion in concluding that Petitioner did not establish "changed conditions" in China for Christians practicing in unregistered churches. View "Liu v. Holder" on Justia Law

Plaintiff, a Massachusetts corporation engaged in international asset recovery operations, filed a complaint against Defendants, the Republic of Ukraine and some of its agents and instrumentalities, for, inter alia, breach of contract after Plaintiff performed asset recovery work for which Defendants allegedly did not compensate Plaintiff. Defendants filed a motion to dismiss on the grounds that they were entitled to immunity under the Foreign Sovereign Immunities Act (FSIA). The district court denied the motion in regard to the breach of contract claim, concluding that jurisdiction could be asserted over that claim under the commercial activity exception to the FSIA. The First Circuit Court of Appeals affirmed the district court's exercise of jurisdiction over Plaintiff's breach of contract claim, holding that Defendants' transactions with Plaintiff constituted commercial activity exempt from immunity under FSIA. View "Universal Trading & Inv. Co. v. Bureau for Representing Ukrainian Interests" on Justia Law

Plaintiff filed a lawsuit against Defendant, her former employer, alleging that Defendant fired her in retaliation for her hemorrhoids-induced absences in violation of the Family and Medical Leave Act (FMLA). The district court granted summary judgment for Defendant, finding that Plaintiff failed to show she suffered a "serious health condition" as defined by the FMLA. Plaintiff moved for reconsideration, alleging that her medical records constituted newly discovered evidence that her hemorrhoids satisfied the definition of a serious health condition. The district court denied Plaintiff's motion, determining that almost all the records on which the motion relied upon had been emailed to Plaintiff's counsel, where they languished. Plaintiff moved for relief from the judgment, arguing that her counsel's failure to introduce the medical records was the product of either excusable neglect or fraud. The district court denied the motion. The First Circuit Court of Appeals affirmed, holding that exceptional circumstances did not warrant extraordinary relief. View "Nansamba v. North Shore Med. Ctr., Inc." on Justia Law

Petitioner, a native and citizen of Guatemala, conceded the charges of removability for entering the United States by fraud and for remaining in the United States beyond the period of his authorized stay. The immigration judge (IJ) denied Petitioner's applications for waivers of inadmissibility relating to fraud and unlawful presence and denied his application for permission to reapply for admission. The IJ then granted voluntary departure. The board of immigration appeals (BIA) dismissed Petitioner's appeal. The First Circuit Court of Appeals denied Petitioner's petition for review, holding (1) the BIA did not err in finding Petitioner was removable due to having gained admission to the United States by fraud; and (2) the Court did not have jurisdiction to consider Petitioner's arguments that the IJ did not properly analyze the facts in denying Petitioner's applications for waivers of inadmissibility and permission to reapply for admission. View "Urizar-Carrascoza v. Holder" on Justia Law

Petitioner, a native and citizen of Pakistan, filed an application for asylum and withholding of removal in which he also sought protection under the Convention Against Torture, alleging he was eligible for relief because he had and would suffer persecution because of his anti-Taliban political opinion and membership in a particular social group. An immigration judge denied Khan's application, and the Board of Immigration Appeals (BIA) affirmed. The First Circuit Court of Appeals denied Petitioner's petition for review, holding that the BIA did not err (1) in concluding that there was no government connection to support a finding of past or future persecution, and (2) in concluding that Petitioner failed to demonstrate a well-founded fear of future persecution. View "Khan v. Holder" on Justia Law

After a jury trial, Defendants - Santos-Rivera, Diaz-Correa, and Carrasquillo-Ocasio - were convicted of conspiracy to possess with the intent to distribute drugs and drug possession for their rule in a criminal organization operating a "drug point" in a public housing project in Puerto Rico. Diaz-Correa was also convicted of conspiracy to possess firearms in furtherance of drug trafficking crimes. Diaz-Correa and Carrasquillo-Ocasio challenged their convictions on appeal, and Carrasquillo-Ocasio and Santos-Rivera challenged their sentences. The First Circuit Court of Appeals affirmed the judgments of the district court, holding (1) the evidence was sufficient for a reasonable factfinder to conclude beyond a reasonable doubt that Diaz-Correa and Carrasquillo-Ocasio were involved in the drug trafficking conspiracy and drug distribution activities at the housing project; (2) there was sufficient evidence to conclude that Diaz-Correa had agreed to use firearms to promote the drug-trafficking operation; (3) the case involved an instance of prosecutorial misconduct during closing argument, but the error was harmless; and (4) the district court did not err in the sentences imposed on Carrasquillo-Ocasio and Santos-Rivera. View "United States v. Santos-Rivera" on Justia Law

About thirty years ago, the Municipality of Mayaguez and Corporacion Para el Desarrollo del Oeste (CPDO), a local development corporation, executed a contract under which Mayaguez ceded parcels of land to CPDO with the understanding that the land would be used for a project to be developed in accordance with the Department of Housing and Urban Development's (HUD) Community Development Block Grant program guidelines and regulations. After the relationship between the parties soured, Mayaguez filed this complaint against CPDO, alleging that CPDO violated several HUD regulations, thus breaching its contract. The district court ruled in favor of CPDO and dismissed Mayaguez's claims without prejudice. The First Circuit Court of Appeals vacated the district court's judgment, holding that Mayaguez's commonwealth law claim did not "arise under" federal law within the meaning of 28 U.S.C. 1331. Remanded with instructions to dismiss Mayaguez's claim without prejudice for want of subject matter jurisdiction. View "Municipality of Mayaguez v. Corporacion Para El Desarrollo Del Oeste, Inc." on Justia Law

The Knowles owned rental property in Clinton, Massachusetts that was mortgaged with Fidelity Co-operative Bank (Fidelity) and insured by Nova Casualty Company (Nova). In 2008, a tropical storm brought heavy rain that caused substantial damage to the interior of the Knowles' building. The Town of Clinton ordered the building to be closed. Because the Knowles could not afford to make repairs to the building, it remained vacant. The Knowles submitted a claim for reimbursement for the water damage with Nova, which denied the claim. The building was later vandalized, causing further damage. Nova also refused coverage on this damage. The Knowles subsequently defaulted on their mortgage. In 2010, Fidelity, individually and as assignee of the Knowles, filed a complaint against Nova seeking a declaration that the physical losses suffered by the property and the loss of business income to the Knowles was covered by their all-risk insurance policy. The district court granted summary judgment for Nova. The First Circuit Court of Appeals reversed, holding that the water damage was covered under the policy because the policy's coverage extended to both damage "caused by" or "resulting from" rain as well as damage resulting from the entry of "surface water." Remanded. View "Fidelity Coop. Bank v. Nova Cas. Co." on Justia Law

Petitioner, a native and citizen of the People's Republic of China, filed an asylum application in 1997. An immigration judge (IJ) denied Petitioner's application. The board of immigration appeals (BIA) dismissed Petitioner's appeal in 2000. In 2012, Petitioner, who allegedly converted to Christianity in 2011, filed a motion with the BIA to reopen proceedings, claiming that, since the time of his hearing in 1998, circumstances surrounding the practice of Christianity had changed insofar as persecution of unregistered Christian groups had increased. The BIA determined that Petitioner had failed to establish changed circumstances in China and so his untimely motion did not qualify for an exception to the statutory deadline for a motion to reopen. The First Circuit Court of Appeals denied Petitioner's petition for review, holding that the BIA did not abuse its discretion in determining that Petitioner failed to demonstrate changed country circumstances, and therefore, it was not an abuse of discretion for the BIA to deny his motion to reopen. View "Zhao-Cheng v. Holder" on Justia Law

Plaintiffs, current and former employees of Boston Medical Center (BMC), brought this wage-and-hour action against BMC, BMC's former president and COE, and BMC's former senior human resources officer, alleging that Defendants deprived them of their wages through the use of timekeeping policies and employment practices that required them to put in extra work time in addition to their regularly scheduled work shifts and to work through their meal and rest periods. Plaintiffs asserted causes of action under the Fair Labor Standards Act (FLSA) and Massachusetts common law. The federal district court granted Defendants' motion to dismiss in its entirety. The First Circuit Court of Appeals (1) vacated the dismissal of the FLSA claim against BMC and its former CEO, the contract claims, and the money had and received, unjust enrichment, and conversion claims; (2) vacated the district court's order striking the class and collective action allegations; and (3) otherwise affirmed. Remanded. View "Manning v. Boston Med. Ctr. Corp." on Justia Law