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

The First Circuit held that the New Hampshire Judicial Retirement Plan (Plan) does not allow a former judge who resigned with sufficient years of creditable service, but before reaching the minimum retirement age, to receive a Service Retirement Allowance (SRA) upon later reaching the retirement age.Plaintiff was fifty-four years old when she resigned from her position as a superior court justice for the state of New Hampshire. Plaintiff served in that position for sixteen-and-a-half years. At the age of sixty-one, Plaintiff applied for an SRA. The Board of Trustees of the Board of Trustees (Board) of the Plan denied her application. Plaintiff filed suit against the Plan seeking a declaratory judgment that she was eligible for an SRA. The district court granted summary judgment in favor of the Plan as to Plaintiff's claim for violation of N.H. Rev. Stat. 100-C, 5, concluding that the plain language of the statute requires a judge to be in active service when she elects to retire and claim a service retirement allowance. The First Circuit affirmed, holding that, under the circumstances of this case, Plaintiff was not eligible to receive an SRA on her application. View "Coffey v. New Hampshire Judicial Retirement Plan" on Justia Law

In this case arising from a directive issued by the EPA that prohibits EPA grant recipients from sitting on the EPA's twenty-two scientific advisory committees the First Circuit reversed in part the judgment of the district court dismissing the complaint for a lack of justiciability and failure to state a claim, holding that EPA's challenged directive was judicially reviewable under the Administrative Procedure Act (APA), 5 U.S.C. 551 et seq.In 2017, the EPA former director issued the directive. The complaint alleged that the new directive disqualified thousands of scientists affiliated with academic and not-for-profit institutions. Count I alleged that the directive violated the APA's reasoned decision-making standard. Count II alleged that the directive conflicted with directives issued by the General Services Administration and regulations of the Office of Governmental Ethics. Counts III and IV alleged violations of the Federal Advisory Committee Act's requirements for advisory committees. The district court dismissed all counts, concluding that they raised questions unreviewable under the APA and, alternatively, that the first and second counts failed to state a claim on the merits. The First Circuit reversed the district court's decision on Counts III and IV, holding that the challenged directive was judicially reviewable under the APA. View "Union of Concerned Scientists v. United States Environmental Protection Agency" on Justia Law

The First Circuit denied Petitioner's petition for review of the order of the Board of Immigration Appeals (BIA) denying Petitioner's motion to reopen his immigration case, holding that the BIA did not abuse its discretion in denying Petitioner's motion to reopen on the grounds that Petitioner did not establish changed country conditions.Petitioner, a native and citizen of Guatemala who illegally entered the United States and was later placed in removal proceedings, applied for asylum and withholding of removal on the grounds that he feared gang violence upon his return to Guatemala. The immigration judge (IJ) denied Petitioner's applications. The BIA dismissed Petitioner's appeal, agreeing with the conclusion of the IJ that Petitioner had not shown that he would more likely than not suffer persecution upon his return to Guatemala. Petitioner later moved the BIA to reopen his case, alleging ineffective assistance of counsel and that country conditions in Guatemala had substantially changed. The BIA denied Petitioner's motion to reopen. The First Circuit affirmed, holding that the BIA did not err in declining to equitably toll the ninety-day statutory filing deadline and in concluding that Petitioner had not demonstrated that country conditions in Guatemala had substantially changed since his hearing. View "Molina v. Barr" on Justia Law

The First Circuit denied Petitioner's petition for review of an order of the Board of Immigration Appeals (BIA) affirming the denial by an immigration judge (IJ) of his applications for asylum, withholding of removal, and protection under the United Nations Convention Against Torture (CAT), holding that the BIA's decision was supported by substantial evidence in the record.Petitioner applied for asylum, withholding of removal, and protection under the CAT. Thereafter, Petitioner was placed in removal proceedings. The IJ denied Petitioner's applications and ordered his removal. The BIA affirmed the IJ's decision. The First Circuit denied Petitioner's petition for review, holding (1) the denial of Petitioner's asylum application was supported by substantial record evidence; (2) because Petitioner could not succeed on his asylum claim his claim for withholding of removal was properly denied; and (3) Petitioner's claim regarding the denial of CAT protection was waived. View "Gao v. Barr" on Justia Law

The First Circuit denied two petitions for judicial review challenging the orders of the Board of Immigration Appeals (BIA) first finding that Petitioner was not entitled to asylum, withholding of removal, or CAT protection and then placing the case back on the docket and proceeding from where it left off before the case was administratively closed, holding that the BIA correctly interpreted the word "recalendar."In 2010, the BIA upheld the IJ's decision denying Petitioner's claims for asylum, withholding of removal, and CAT protection. The Petitioner petitioned for judicial review. First Circuit remanded the case to the BIA, and on remand, the government moved to close the proceedings administratively. The BIA granted the motion and administratively closed the case in 2013. The parties then filed a stipulation of dismissal, and the First Circuit dismissed the pending petition for judicial review and entered a judgment of voluntary dismissal. In 2016, the government moved to reinstate the case. The BIA granted the motion and decreed that its original 2010 decision "now takes effect." Petitioner petitioned for judicial review. The First Circuit denied both petitions for judicial review, holding that "recalendar" means to reinstate the case to the active docket in the same posture as it occupied when it was paused for administrative closure. View "Arevalo v. Barr" on Justia Law

The First Circuit dismissed Petitioner's petition for review of a decision of the Bureau of Immigration Appeals (BIA) rejecting reopening and reconsideration of denial of relief from removal, holding that the limitations in 8 U.S.C. 1252(a)(2)(C)-(D) divest this Court of jurisdiction over the petition.Petitioner, a native and citizen of Sudan, was removed from the United States after his robbery conviction. Petitioner later filed a motion to reopen removal proceedings as to his requests for relief based on purported changed country conditions in Sudan. The motion was filed outside the ninety-day deadline for motions to reopen and the thirty-day deadline for motions to reconsider. The immigration judge denied the motion. The BIA dismissed Petitioner's appeal, concluding that 8 C.F.R. 1003.23(b)(1) prevented Petitioner from filing his motion to reopen and, alternatively, that the motion was denied in the exercise of the BIA's discretion. The First Circuit dismissed Petitioner's petition for review, holding that because no questions of law or constitutional claims were presented by Petitioner's challenge to the BIA's alternative discretionary holding, the jurisdictional bar set forth under 8 U.S.C. 1252(a)(2)(C)-(D) applied. View "Daoud v. Barr" on Justia Law

In this interlocutory appeal involving the judgment of the district court sustaining Financial Oversight and Management Board for Puerto Rico's newly enacted bar on "reprogramming" the First Circuit affirmed the judgment of the district court dismissing the reprogramming suspension provision challenges, holding that the district court correctly found that the reprogramming provisions in the 2019-2020 fiscal plan and budget were entirely valid as consistent with the Puerto Rico Oversight, Management, and Economic Security Act (PROMESA).Under PROMESA the Board developed and certified a fiscal plan and budget for the Commonwealth for the fiscal year 2019-2020. The Governor and Puerto Rico Fiscal Agency and Financial Advisory Authority filed a complaint seeking a declaration striking challenged provisions, including the provision barring reprogramming, i.e., spending during the 2019-2020 fiscal year money that had been authorized but not actually spent in a prior fiscal year. The district court sustained the bar on reprogramming. The First Circuit affirmed, holding that the Board possessed the authority to unilaterally impose the reprogramming bar. View "Vazquez-Garced v. Financial Oversight & Management Board for Puerto Rico" on Justia Law

The First Circuit denied the petition filed by Petitioner, a native and citizen of China, seeking review of an order of the Board of Immigration Appeals (BIA) denying as untimely Petitioner's motion to reopen her earlier removal proceedings, holding that the BIA did not abuse its discretion in denying Petitioner's motion.Petitioner sought to reopen her earlier removal proceedings alleging that changed country conditions in China regarding religious persecution would impact her given her recent conversion to Christianity. The BIA denied the motion to reopen, finding that it was time-barred and that the evidence did not support an exception to the time limits. The First Circuit affirmed, holding that the BIA did not abuse its discretion in finding that Petitioner's motion to reopen removal proceedings was time-barred. View "Lin v. Barr" on Justia Law

The First Circuit vacated the decision of the Board of Immigration Appeals (BIA) denying asylum and withholding of removal as to Petitioner's family membership persecution claim for relief, denied the relief Petitioner sought on alternate particular social group (PSG) theories and for protection under the Convention Against Torture (CAT), and remanded for proceedings on Petitioner's family membership persecution claim, holding that the agency's decision was based on errors of law.Petitioner, a Honduran nation, sought asylum, withholding of removal, and CAT relief, asserting that he had experienced past persecution on account of a protected ground - his membership in his mother's nuclear family - and would face future persecution. The immigration judge denied asylum relief, holding that Petitioner had not met his burden to show the required nexus. The BIA affirmed. The First Circuit vacated in part, holding (1) the BIA's decision as to Petitioner's asylum and withholding of removal claims based on his persecution as a member of his mother's family was based on legal errors, requiring a remand for the BIA to make its own finding using the correct legal standard; and (2) the BIA's decision as to Petitioner's other proposed PSGs and his CAT claim contained no legal errors and was supported by substantial evidence. View "Enamorado-Rodriguez v. Barr" on Justia Law

The First Circuit denied in part and dismissed in part Petitioner's petition for review from a ruling by the Board of Immigration Appeals (BIA) rejecting his request for deferral of removal pursuant to the Convention Against Torture (CAT), holding that this Court lacked jurisdiction to review the BIA's acceptance of the immigration judge's (IJ) adverse credibility finding and that Petitioner's remaining challenges were without merit.Before the First Circuit, Petitioner, among other things, challenged the standard of review that the BIA used to review the IJ's ruling. The First Circuit denied relief, holding (1) there was no evidence that the BIA used the incorrect standard of review to review the IJ's ruling; (2) because Petitioner had not contested the IJ's adverse credibility finding before the BIA, this Court lacked jurisdiction to review the BIA's acceptance of that finding; and (3) Petitioner failed to show that the record compelled a finding other than the one the IJ reached that Petitioner failed to show he was more likely than not to be tortured if he were removed to Guatemala. View "Samayoa Cabrera v. Barr" on Justia Law