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

Petitioner, a native and citizen of Guatemala, entered the United States illegally. Petitioner later sought relief under the Convention Against Torture (CAT), asserting that he was likely to be tortured by gang members if he were returned to his native country. The immigration judge denied relief and ordered removal, concluding that Petitioner was not credible. The Board of Immigration Appeals (BIA) dismissed Petitioner's appeal. The First Circuit Court of Appeals denied Petitioner's petition for review, holding that the BIA did not commit legal error in denying Petitioner's request for relief under the CAT because the conclusion that Petitioner was not credible was supported by substantial evidence. View "Martinez v. Holder" on Justia Law

Appellant sued the United States for the negligence of its employees at the commissary at Fort Buchanan in Puerto Rico after she slipped and fell while strolling through one of the aisles. Appellant premised her action on the Federal Tort Claims Act. The government moved to dismiss Appellant's complaint, arguing that Appellant failed to allege that federal employees had actual or constructive knowledge of the dangerous condition that purportedly existed at the commissary. The district court dismissed Appellant's complaint for failure to state a claim. The First Circuit Court of Appeals reversed, holding (1) the district court applied the plausibility standard for pleadings too mechanically in this case; and (2) Appellant's complaint contained sufficient factual content to support a plausible claim or negligence against the United States. Remanded. View "Garcia-Catalan v. United States" on Justia Law

Appellant pleaded guilty to conspiracy to possess with intent to distribute methamphetamine. The district court sentenced Appellant to ten years in prison, finding that Appellant was responsible for a drug quantity that triggered a ten-year mandatory minimum. Appellant appealed, arguing that the district court erred in sentencing him because, among other things, the attributable drug quantity was not stated in the indictment, nor was it proven to a jury beyond a reasonable doubt or stipulated by Appellant in his plea. The First Circuit Court of Appeals affirmed, holding (1) the district court erred in making the factual finding of drug quantity necessary to impose the ten-year mandatory minimum sentence where the quantity was neither alleged in the indictment nor admitted by Appellant at the time of his guilty plea, but the error was harmless; and (2) Appellant's other contentions were without merit. View "United States v. Harakaly" on Justia Law

Petitioner, a citizen and native of El Salvador, was an ex-member of a violent criminal street gang based in the United States. After Petitioner was charged as removable, Petitioner conceded removability and applied for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). Before the immigration judge (IJ), Petitioner claimed that he would face persecution and torture due to his former gang membership if repatriated. The IJ denied Petitioner's applications, concluding that as a former member of the gang, Petitioner was not a member of a protected social group eligible for asylum or withholding of removal. The Board of Immigration Appeals (BIA) affirmed. The First Circuit Court of Appeals denied Petitioner's petition for review, holding (1) the agency's decision that Petitioner was not a member of a particular social group must stand; and (2) the BIA did not err in finding that Petitioner did not qualify for relief under the CAT. View "Cantarero v. Holder" on Justia Law